[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Rules and Regulations]
[Pages 66069-66072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26094]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0846]
RIN 1625-AA00
Safety Zone for Fireworks Display; Spa Creek, Annapolis, MD
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 Spa Creek. This action is necessary to provide for
the safety of life on these navigable waters in Annapolis, MD, during a
fireworks display on December 31, 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 11 p.m. on December 31, 2019, to 1
a.m. on January 1, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0846 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 Maryland-National Capital Region
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
Pyrotecnico, Inc., of New Castle, PA, notified the Coast Guard that
from 11:59 p.m. on December 31, 2019, to 12:11 a.m. on January 1, 2020,
it will be conducting a fireworks display launched from a barge in Spa
Creek, approximately 600 feet southeast of Dock Street in Annapolis,
MD. In response, on October 23, 2019, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled ``Safety Zone for Fireworks
Display; Spa Creek, Annapolis, MD'' (84 FR 56731). There we stated why
we issued the NPRM, and invited comments on our proposed regulatory
action related to this fireworks display. During the comment period
that ended November 22, 2019, we received three comments, only one of
which was germane to the rulemaking.
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 a fireworks display in this location.
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 this
December 31, 2019, display will be a safety concern for anyone within
400 feet of the fireworks barge on Spa Creek. 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 substantive comments on our NPRM
published October 23, 2019. The comment stated that a distance of the
safety zone of 400 feet from the fireworks barge seems inadequate.
The minimum safe distance from the fireworks barge used by the
Coast Guard to determine the size of the safety zone is based on
industry standards for outdoor aerial fireworks set by the National
Fire Protection Association (NFPA). The NFPA standard for this
fireworks display is 280 feet from the discharge site. At the request
of the contracted fireworks company, Pyrotecnico, the Coast Guard is
using 400 feet for the size of its safety zone, which is an increase of
more than 40 percent above the safe distance set by the NFPA.
There are no changes in the regulatory text of this rule from the
proposed rule.
This rule establishes a safety zone from 11:00 p.m. on December 31,
2019 to 1:00 a.m. on January 1, 2020. The safety zone will cover all
navigable waters within 400 feet of a fireworks barge in Spa Creek in
approximate position latitude 38[deg]58'32.48'' N, longitude
076[deg]28'57.55'' W, located at Annapolis, MD. A ``FIREWORKS--DANGER--
STAY AWAY'' sign would be posted on the port and starboard sides of the
barge on-scene near the location. The duration and enforcement of the
safety zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the fireworks display
scheduled from 11:59 p.m. on December 31, 2019, to 12:11 a.m. on
January 1, 2020. 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, time-of-day and time-of-year of the safety zone. This safety
zone will impact vessels intending to transit Spa Creek for 2 hours
during the evening when vessel traffic is normally low. 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
[[Page 66071]]
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
call or email 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 call or email 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, Rev. 1, associated implementing instructions, 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 a total of 2 hours that will prohibit entry within
a small designated area of Spa Creek in Annapolis, MD. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 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 call or email 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.T05-0846 to read as follows:
Sec. 165.T05-0846 Safety Zone for Fireworks Display; Spa Creek,
Annapolis, MD.
(a) Location. The following area is a safety zone: All navigable
waters of Spa Creek within 400 feet of the fireworks barge in
approximate position latitude 38[deg]58'32.48'' N, longitude
076[deg]28'57.55'' W, located at Annapolis, MD. 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 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. This safety zone will be enforced during the
periods described in paragraph (f) 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 location described in paragraph (a) of
this section.
(f) Enforcement period. This section will be enforced from 11 p.m.
on December 31, 2019, to 1 a.m. on January 1, 2020.
[[Page 66072]]
Dated: November 27, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-26094 Filed 12-2-19; 8:45 am]
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