[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Rules and Regulations]
[Pages 27531-27533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12508]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0221]
RIN 1625-AA00
Safety Zone for Fireworks Display; Upper Potomac River,
Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Upper Potomac River. This action is necessary to
provide for the safety of life on these navigable waters of the Upper
Potomac River at Washington, DC, during a fireworks display on July 4,
2019 (with alternate date of July 5, 2019). This regulation prohibits
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Maryland-National Capital Region or a
designated representative.
DATES: This rule is effective from 8 p.m. on July 4, 2019, through
10:30 p.m. on July 5, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0221 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:
[[Page 27532]]
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 National Park Service will be conducting a fireworks display,
launched from the West Potomac Park, adjacent to the Upper Potomac
River in Washington, DC, between 9:07 p.m. and 9:27 p.m. on July 4,
2019. In the event of inclement weather on July 4th, the fireworks
display will be launched from the same location, during those same
times, on July 5, 2019. The COTP Maryland-National Capital Region has
determined that the display poses a safety concern for anyone within
1,000 feet of the fireworks discharge site--the potential exists for
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. Due to these safety concerns, on April 29,
2019, the Coast Guard published a notice of proposed rulemaking (NPRM),
``Safety Zone for Fireworks Display; Upper Potomac River, Washington,
DC'' (84 FR 17984). There we stated why we issued the NPRM, and invited
comments on our proposal to create a safety zone in association with
this fireworks display. During the comment period that ended May 29,
2019, we received one comment.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the fireworks display.
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 Captain of the Port Maryland-
National Capital Region (COTP) has determined that potential hazards
associated with the fireworks to be used in this July 4, 2019, display
will be a safety concern for anyone within 1,000 feet of the fireworks
discharge site. 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 event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
29, 2019. The comment was 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.
This rule establishes a safety zone that the Coast Guard will
enforce from 8 p.m. to 10:30 p.m. on July 4, 2019 (or, alternatively,
during those same hours on July 5th). The safety zone will cover all
navigable waters of the Upper Potomac River, including the Tidal Basin,
within 1,000 feet of the fireworks discharge site at West Potomac Park
in approximate position latitude 38[deg]53'07.1'' N, longitude
077[deg]02'49.5'' W, located at Washington, DC. The duration of the
zone is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled 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 zone. Vessel traffic will be
able to safely transit around this safety zone which will impact a
small designated area of the Upper Potomac River for less than 3 hours
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone.
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
[[Page 27533]]
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 a safety zone lasting 2.5 hours that
will prohibit entry within a portion of the Upper Potomac River,
including the Tidal Basin, in Washington, DC. 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
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.T05-0221 to read as follows:
Sec. 165.T05-0221 Safety Zone for Fireworks Display; Upper Potomac
River, Washington, DC.
(a) Location. The following area is a safety zone: All navigable
waters of the Upper Potomac River, including the Tidal Basin, within
1,000 feet of the fireworks discharge site at West Potomac Park in
approximate position latitude 38[deg]53'07.1'' N, longitude
077[deg]02'49.5'' W, located at Washington, DC. All coordinates refer
to datum NAD 1983.
(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.
(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 the 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 period. This section will be enforced from 8 p.m.
to 10:30 p.m. on July 4, 2019, or if necessary due to inclement
weather, from 8 p.m. to 10:30 p.m. on July 5, 2019.
Dated: June 10, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-12508 Filed 6-12-19; 8:45 am]
BILLING CODE 9110-04-P