[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Rules and Regulations]
[Pages 24709-24712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11139]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0193]
RIN 1625-AA00
Safety Zones; July 4th Holiday Fireworks in the Coast Guard
Captain of the Port Maryland-National Capital Region Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing three temporary safety zones
for certain waters within the Captain of the Port Maryland-National
Capital Region Zone. This action is necessary to provide for the safety
of life on these navigable waters of the Severn River at Sherwood
Forest, MD, on July 3, 2019, (with alternate date of July 5, 2019), the
Middle River in Baltimore County, MD, on July 6, 2019, (with alternate
date of July 7, 2019), and the Susquehanna River at Havre de Grace, MD,
on July 6, 2019, (with alternate date of July 7, 2019), during
fireworks displays to commemorate the July 4th holiday. This regulation
prohibits persons and vessels from being in the safety zones unless
authorized by the Captain of the Port Baltimore or a designated
representative.
[[Page 24710]]
DATES: This rule is effective from 8:30 p.m. on July 3, 2019 through
10:30 p.m. on July 7, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0193 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ron Houck, Sector Maryland-National Capital Region
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Sherwood Forest Club, Inc., notified the Coast Guard that from
9:20 to 9:50 p.m. on July 3, 2019, it will be conducting a fireworks
display launched from the end of the Sherwood Forest Club main pier,
located adjacent to the Severn River, in Sherwood Forest, MD. In the
event of inclement weather, the fireworks display will be scheduled for
the same time on July 5, 2019.
The Marine Trades Association of Baltimore County, Inc. notified
the Coast Guard that from 9:15 to 9:55 p.m. on July 6, 2019, it will be
conducting a fireworks display launched from a fireworks barge located
in the Middle River, approximately 300 yards southeast of Wilson Point
in Baltimore County, MD. In the event of inclement weather, the
fireworks display will be scheduled for the same time on July 7, 2019.
The City of Havre de Grace 2019 Independence Day Commission
notified the Coast Guard that from 9:15 to 9:45 p.m. on July 6, 2019,
it will be conducting a fireworks display launched from a fireworks
barge located in the Susquehanna River, approximately 300 yards
southeast of Concord Point in Havre de Grace, MD. In the event of
inclement weather, the fireworks display will be scheduled for the same
time on July 7, 2019.
In response, on April 9, 2019, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Safety Zones; July 4th Holiday
Fireworks in the Coast Guard Captain of the Port Maryland-National
Capital Region Zone'' (84 FR 14064). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
these three fireworks displays. During the comment period that ended
May 9, 2019, we received four comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with the fireworks to be used in these
three fireworks displays will be a safety concern for anyone within a
150-yard radius of the end of Sherwood Forest Club main pier along the
Severn River, a 200-yard radius of the barge on the Middle River, and a
200-yard radius of the barge on the Susquehanna River. The purpose of
this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received four comments on our NPRM published
April 9, 2019. The comments were in support of the Coast Guard's
rulemaking. There are no changes in the regulatory text of this rule
from the proposed rule in the NPRM as a result of comments. However,
there is a minor change to coordinates to one of the safety zones. The
change is in paragraph (a)(2), to the location of ``Safety zone 2.''
The proposed rule stated the approximate position of the fireworks
barge as latitude 39[deg]18'24'' N, longitude 076[deg]24'29'' W. The
approximate position of the fireworks barge is actually latitude
39[deg]18'25'' N, longitude 076[deg]2''27'' W. The difference between
the two locations is approximately 64 yards.
This rule establishes three safety zones for certain waters within
the COTP Maryland-National Capital Region Zone, as described in 33 CFR
3.25-15, which will be enforced during the times described below for
each zone.
The first safety zone will cover all navigable waters within 150
yards of the end of Sherwood Forest Club main pier located along the
Severn River in Sherwood Forest, MD. A ``FIREWORKS--DANGER--STAY AWAY''
sign will be posted on land adjacent to the shoreline, near the
location. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 9:20 p.m. to 9:50 p.m. on July 3, 2019 fireworks display.
The second safety zone will cover all navigable waters within 200
yards of a barge in the Middle River located approximately 300 yards
southeast of Wilson Point in Baltimore County, MD. ``FIREWORKS--
DANGER--STAY AWAY'' signs will be posted on the port and starboard
sides of the on-scene barge. The duration of the zone is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the scheduled 9:15 p.m. to 9:55 p.m. on July 6, 2019
fireworks display.
The third safety zone will cover all navigable waters within 200
yards of a barge in the Susquehanna River located approximately 300
yards southeast of Concord Point in Havre de Grace, MD. ``FIREWORKS--
DANGER--STAY AWAY'' signs will be posted on the port and starboard
sides of the on-scene barge. The duration of the zone is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the scheduled 9:15 to 9:45 p.m. on July 6, 2019 fireworks
display.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
duration, and time-of-day of the safety zones, which would impact small
designated areas of the Severn River, Middle River, and Susquehanna
River for a total of approximately seven enforcement-
[[Page 24711]]
hours, during the evening when vessel traffic is normally low.
Moreover, the Coast Guard will issue Local Notices to Mariners and a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves three safety zones lasting seven hours
that will prohibit entry within portions of the Severn River, Middle
River, and Susquehanna River. It is categorically excluded from further
review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0193 to read as follows:
Sec. 165.T05-0193 Safety Zones; July 4th Holiday Fireworks in the
Coast Guard Captain of the Port Maryland-National Capital Region Zone.
(a) Locations. The following areas are a safety zone. All
coordinates refer to datum NAD 1983.
(1) Safety zone 1. All navigable waters of the Severn River, within
150 yards of a fireworks discharge site located at the end of Sherwood
Forest Club main pier in approximate position latitude 39[deg]01'54.0''
N, longitude 076[deg]32'41.8'' W, located at Sherwood Forest, MD.
(2) Safety zone 2. All navigable waters of the Middle River, within
200 yards of a fireworks barge in approximate position latitude
39[deg]18'25'' N, longitude 076[deg]24'27'' W, located in Baltimore
County, MD.
(3) Safety zone 3. All navigable waters of the Susquehanna River,
within 200 yards of a fireworks barge in approximate position latitude
39[deg]32'19'' N, longitude 076[deg]04'58.3'' W, located at Havre de
Grace, MD.
(b) Definitions. As used in this section:
(1) Captain of the Port (COTP) means the Commander, U.S. Coast
Guard Sector Maryland-National Capital Region.
[[Page 24712]]
(2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing any safety
zone described in paragraph (a) of this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
(2) To seek permission to enter, contact the COTP or the COTP's
designated representative by telephone at 410-576-2693 or on Marine
Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio VHF-FM
channel 16 (156.8 MHz).
(3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement. These safety zones will be enforced during the
periods described in paragraph (f) of this section. A ``FIREWORKS--
DANGER--STAY AWAY'' sign will be posted on land adjacent to the
shoreline, near the location described in paragraph (a)(1) of this
section. A ``FIREWORKS--DANGER--STAY AWAY'' sign will be posted on the
port and starboard sides of the barge on-scene near the locations
described in paragraphs (a)(2) and (3) of this section.
(f) Enforcement periods. (1) Paragraph (a)(1) of this section will
be enforced from 8:30 p.m. to 10:30 p.m. on July 3, 2019. If necessary
due to inclement weather on July 3rd, it will be enforced from 8:30
p.m. to 10:30 p.m. on July 5, 2019.
(2) Paragraph (a)(2) of this section will be enforced from 8 p.m.
to 10:30 p.m. on July 6, 2019. If necessary due to inclement weather on
July 6th, it will be enforced from 8 p.m. to 10:30 p.m. on July 7,
2019.
(3) Paragraph (a)(3) of this section will be enforced from 8 p.m.
to 10:30 p.m. on July 6, 2019. If necessary due to inclement weather on
July 6th, it will be enforced from 8 p.m. to 10:30 p.m. on July 7,
2019.
Dated: May 23, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-11139 Filed 5-28-19; 8:45 am]
BILLING CODE 9110-04-P