80_FR_25720 80 FR 25634 - Safety Zone for Fireworks Display, Chesapeake Bay, Prospect Bay; Queen Anne's County, MD

80 FR 25634 - Safety Zone for Fireworks Display, Chesapeake Bay, Prospect Bay; Queen Anne's County, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 86 (May 5, 2015)

Page Range25634-25637
FR Document2015-10490

The Coast Guard proposes to establish a temporary safety zone encompassing certain waters of Prospect Bay. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a barge located between Hog Island and Kent Island in Queen Anne's County, MD on July 4, 2015. This safety zone is intended to protect the maritime public in a portion of the Prospect Bay.

Federal Register, Volume 80 Issue 86 (Tuesday, May 5, 2015)
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Proposed Rules]
[Pages 25634-25637]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10490]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0279]
RIN 1625-AA00


Safety Zone for Fireworks Display, Chesapeake Bay, Prospect Bay; 
Queen Anne's County, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
encompassing certain waters of Prospect Bay. This action is necessary 
to provide for the safety of life on navigable waters during a 
fireworks display launched from a barge located between Hog Island and 
Kent Island in Queen Anne's County, MD on July 4, 2015. This safety 
zone is intended to protect the maritime public in a portion of the 
Prospect Bay.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 4, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, Sector Baltimore Waterways Management 
Division, Coast Guard; telephone 410-576-2674, email 
Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security

[[Page 25635]]

FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0279] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0201) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    This rulemaking involves a fireworks display that will take place 
in Queen Anne's County, MD, on July 4, 2015. The launch site for the 
fireworks display is from a discharge barge located in Prospect Bay. 
The permanent safety zones listed in the Table to 33 CFR 165.506 do not 
apply to this event.

C. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 33 CFR 1.05-1, and 160.5; Department of Homeland Security 
Delegation No. 0170.1., which collectively authorize the Coast Guard to 
propose, establish, and define regulatory safety zones. Queen Anne's 
County, of Centerville, MD, will sponsor a fireworks display launched 
from a barge located in Prospect Bay, scheduled on July 4, 2015 at 
approximately 9 p.m. In the event of inclement weather, the fireworks 
will be rescheduled on July 5, 2015. The Coast Guard believes a safety 
zone is needed to promote public and maritime safety during a fireworks 
display, and to protect mariners transiting the area from the potential 
hazards associated with a fireworks display, such as the accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris. This rule is needed to ensure safety on the waterway 
before, during and after the scheduled event.

D. Discussion of Proposed Rule

    For the reasons stated above, the Coast Guard proposes to establish 
a temporary safety zone. The proposed zone would encompass all waters 
of Prospect Bay, within a 1,000 feet radius of a fireworks discharge 
barge in approximate position latitude 39[deg]57'49.8'' N., longitude 
076[deg]14'58.5'' W., located between Hog Island and Kent Island in 
Queen Anne's County, MD. The temporary safety zone would be enforced 
from 8:30 p.m. through 10 p.m. on July 4, 2015, and, if necessary due 
to inclement weather, from 8:30 p.m. through 10 p.m. on July 5, 2015.
    The effect of this temporary safety zone would be to restrict 
navigation in the regulated area immediately before, during, and 
immediately after the fireworks display. Vessels would be allowed to 
transit the waters of Prospect Bay outside the safety zone.
    This rule requires that entry into or remaining in this safety zone 
is prohibited unless authorized by the Coast Guard Captain of the Port 
Baltimore. All vessels underway within this safety zone at the time it 
is implemented are to depart the zone. To seek permission to transit 
the area of the safety zone, the Captain of the Port Baltimore can be 
contacted at telephone number 410-576-2693 or on Marine Band Radio VHF-
FM channel 16 (156.8 MHz). Coast Guard vessels enforcing the safety 
zone can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 
MHz). Federal, state, and local agencies may assist the Coast Guard in 
the enforcement of the safety zone. The Coast Guard will issue notices 
to the maritime community to further publicize the safety zone and 
notify the public of changes in the status of the zone. Such notices 
will continue until the event is complete.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866

[[Page 25636]]

or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders.
    Although this regulation would restrict access to this area, the 
effect of this proposed rule will not be significant because: (i) The 
safety zone will only be in effect from 8:30 p.m. through 10 p.m. on 
July 4, 2015, and, if necessary due to inclement weather, from 8:30 
p.m. through 10 p.m. on July 5, 2015, and (ii) the Coast Guard will 
give advance notification via maritime advisories so mariners can 
adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. This proposed rule will affect 
the following entities, some of which may be small entities: The owners 
or operators of vessels intending to operate or transit through or 
within, or anchor in, the safety zone during the enforcement period. 
This proposed safety zone will not have a significant economic impact 
on a substantial number of small entities for the reasons provided 
under Regulatory Planning and Review.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 proposed 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, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. 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.

7. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
rulemaking elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination 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 proposed rule 
involves establishing a temporary safety zone for a fireworks display. 
The fireworks are launched from navigable waters of the United States 
and may negatively impact the safety or other interests of waterway 
users and near shore activities in the event area. The activity 
includes fireworks launched from barges near the shoreline that 
generally rely on the use of navigable waters as a safety buffer to 
protect the public from fireworks fallouts and premature detonations. 
This rulemaking is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A

[[Page 25637]]

preliminary environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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 proposes 
to amend 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:  33 U.S.C. 1231; 50 U.S.C. 191; 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.T05-0279 to read as follows:


Sec.  165.0279  Safety Zone for Fireworks Display, Chesapeake Bay, 
Prospect Bay; Queen Anne's County, MD.

    (a) Location. The following area is a safety zone: All waters of 
Prospect Bay, within a 1,000 feet radius of a fireworks discharge barge 
in approximate position latitude 39[deg]57'49.8'' N, longitude 
076[deg]14'58.5'' W, located between Hog Island and Kent Island in 
Queen Anne's County, MD. All coordinates refer to datum NAD 1983.
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05-0279.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Baltimore. All 
vessels underway within this safety zone at the time it is implemented 
are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone must 
first obtain authorization from the Captain of the Port Baltimore or 
his designated representative. To seek permission to transit the area, 
the Captain of the Port Baltimore and his designated representatives 
can be contacted at telephone number 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). Upon being hailed by a U.S. Coast Guard vessel, or other 
Federal, State, or local agency vessel, by siren, radio, flashing 
light, or other means, the operator of a vessel shall proceed as 
directed. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port Baltimore or his 
designated representative and proceed as directed while within the 
zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (c) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard 
Sector Baltimore, Maryland.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Baltimore to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (d) Enforcement period. This section will be enforced from 8:30 
p.m. through 10 p.m. on July 4, 2015, and, if necessary due to 
inclement weather, from 8:30 p.m. through 10 p.m. on July 5, 2015.

    Dated: April 15, 2015.
M.M. Dean,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2015-10490 Filed 5-4-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                      25634                     Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules

                                                      submissions) to Adele Gagliardi,                        number) or 1–877–889–5627 (TTY/                       DEPARTMENT OF HOMELAND
                                                      Administrator, Office of Policy                         TDD).                                                 SECURITY
                                                      Development and Research,
                                                      Employment and Training                                 FOR FURTHER INFORMATION CONTACT:                      Coast Guard
                                                      Administration, U.S. Department of                      William W. Thompson, II, Acting
                                                      Labor, 200 Constitution Avenue NW.,                     Administrator, Office of Foreign Labor                33 CFR Part 165
                                                      Room N–5641, Washington, DC 20210.                      Certification, ETA, U.S. Department of
                                                                                                                                                                    [Docket Number USCG–2015–0279]
                                                        Please submit your comments by only                   Labor, 200 Constitution Avenue NW.,
                                                      one method and within the designated                    Room C–4312, Washington, DC 20210;                    RIN 1625–AA00
                                                      comment period. Comments received by                    Telephone (202) 693–3010 (this is not a
                                                      means other than those listed above or                                                                        Safety Zone for Fireworks Display,
                                                                                                              toll-free number). Individuals with
                                                      received after the comment period has                                                                         Chesapeake Bay, Prospect Bay; Queen
                                                                                                              hearing or speech impairments may
                                                      closed will not be reviewed. The                                                                              Anne’s County, MD
                                                                                                              access the telephone number above via
                                                      Department will post all comments                       TTY by calling the toll-free Federal                  AGENCY:    Coast Guard, DHS.
                                                      received on http://www.regulations.gov                  Information Relay Service at 1–800–                   ACTION:    Notice of proposed rulemaking.
                                                      without making any change to the
                                                                                                              877–8339.
                                                      comments, including any personal                                                                              SUMMARY:    The Coast Guard proposes to
                                                      information provided. The http://                       SUPPLEMENTARY INFORMATION:     This                   establish a temporary safety zone
                                                      www.regulations.gov Web site is the                     notice extends the public comment                     encompassing certain waters of Prospect
                                                      Federal e-rulemaking portal and all                     period established in the Federal                     Bay. This action is necessary to provide
                                                      comments posted there are available                     Register proposed rule of April 15,                   for the safety of life on navigable waters
                                                      and accessible to the public. The                       2015. In that notice the Department                   during a fireworks display launched
                                                      Department cautions commenters                          proposed amendments to its regulations                from a barge located between Hog Island
                                                      against including personal information                  governing certification of the                        and Kent Island in Queen Anne’s
                                                      such as Social Security Numbers,                        employment of nonimmigrant workers                    County, MD on July 4, 2015. This safety
                                                      personal addresses, telephone numbers,                  in temporary or seasonal agricultural                 zone is intended to protect the maritime
                                                      and email addresses in their comments                                                                         public in a portion of the Prospect Bay.
                                                                                                              employment under the H–2A program
                                                      as such information will become                                                                               DATES: Comments and related material
                                                                                                              to codify certain procedures for
                                                      viewable by the public on the http://                                                                         must be received by the Coast Guard on
                                                      www.regulations.gov Web site. It is the                 employers seeking to hire foreign
                                                                                                              temporary agricultural workers for job                or before June 4, 2015.
                                                      commenter’s responsibility to safeguard
                                                                                                              opportunities in sheepherding, goat                   ADDRESSES: You may submit comments
                                                      his or her information. Comments
                                                      submitted through http://                               herding and production of livestock on                identified by docket number using any
                                                      www.regulations.gov will not include                    the open range. The Department is                     one of the following methods:
                                                      the commenter’s email address unless                    hereby extending the comment period,                    (1) Federal eRulemaking Portal:
                                                      the commenter chooses to include that                   which was set to end on May 15, 2015                  http://www.regulations.gov.
                                                                                                              to June 1, 2015.                                        (2) Fax: 202–493–2251.
                                                      information as part of his or her
                                                                                                                                                                       (3) Mail or Delivery: Docket
                                                      comment. Postal delivery in                               To submit comments, or access the                   Management Facility (M–30), U.S.
                                                      Washington, DC, may be delayed due to                   docket, please follow the detailed                    Department of Transportation, West
                                                      security concerns. Therefore, the                       instructions provided under ADDRESSES                 Building Ground Floor, Room W12–140,
                                                      Department encourages the public to                     in the Federal Register proposed rule of              1200 New Jersey Avenue SE.,
                                                      submit comments through the http://                     April 15, 2015. If you have questions,                Washington, DC 20590–0001. Deliveries
                                                      www.regulations.gov Web site.
                                                        Docket: For access to the docket to                   consult the technical person listed                   accepted between 9 a.m. and 5 p.m.,
                                                      read background documents or                            under FOR FURTHER INFORMATION                         Monday through Friday, except federal
                                                      comments received, go to the Federal                    CONTACT.                                              holidays. The telephone number is 202–
                                                      eRulemaking portal at http://                                                                                 366–9329.
                                                                                                              List of Subjects in 20 CFR Part 655                      See the ‘‘Public Participation and
                                                      www.regulations.gov. The Department
                                                      will also make all the comments it                        Administrative practice and                         Request for Comments’’ portion of the
                                                      receives available for public inspection                                                                      SUPPLEMENTARY INFORMATION section
                                                                                                              procedure, Foreign workers,
                                                      during normal business hours at the                                                                           below for further instructions on
                                                                                                              Employment, Employment and training,
                                                      Employment and Training                                                                                       submitting comments. To avoid
                                                                                                              Enforcement, Forest and forest products,
                                                      Administration’s (ETA) Office of Policy                                                                       duplication, please use only one of
                                                                                                              Fraud, Health professions, Immigration,
                                                      Development and Research at the above                                                                         these three methods.
                                                                                                              Labor, Passports and visas, Penalties,
                                                      address. If you need assistance to review                                                                     FOR FURTHER INFORMATION CONTACT: If
                                                                                                              Reporting and recordkeeping
                                                      the comments, the Department will                                                                             you have questions on this rule, call or
                                                                                                              requirements, Unemployment, Wages,
                                                      provide you with appropriate aids such                                                                        email Mr. Ronald Houck, Sector
                                                                                                              Working conditions.                                   Baltimore Waterways Management
                                                      as readers or print magnifiers. The
                                                      Department will make copies of the rule                 Portia Wu,                                            Division, Coast Guard; telephone 410–
                                                      available, upon request, in large print                                                                       576–2674, email Ronald.L.Houck@
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              Assistant Secretary, Employment and
                                                      and as an electronic file on computer                   Training Administration.                              uscg.mil. If you have questions on
                                                      disk. The Department will consider                      [FR Doc. 2015–10464 Filed 5–4–15; 8:45 am]
                                                                                                                                                                    viewing or submitting material to the
                                                      providing the proposed rule in other                                                                          docket, call Cheryl Collins, Program
                                                                                                              BILLING CODE 4510–FP–P
                                                      formats upon request. To schedule an                                                                          Manager, Docket Operations, telephone
                                                      appointment to review the comments                                                                            (202) 366–9826.
                                                      and/or obtain the rule in an alternate                                                                        SUPPLEMENTARY INFORMATION:
                                                      format, contact the ETA Office of Policy
                                                      Development and Research at (202)                                                                             Table of Acronyms
                                                      693–3700 (VOICE) (this is not a toll-free                                                                     DHS      Department of Homeland Security



                                                 VerDate Sep<11>2014   17:25 May 04, 2015   Jkt 235001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\05MYP1.SGM   05MYP1


                                                                                Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules                                            25635

                                                      FR Federal Register                                     Folder on the line associated with this               ensure safety on the waterway before,
                                                      NPRM Notice of Proposed Rulemaking                      rulemaking. You may also visit the                    during and after the scheduled event.
                                                      A. Public Participation and Request for                 Docket Management Facility in Room
                                                                                                                                                                    D. Discussion of Proposed Rule
                                                      Comments                                                W12–140 on the ground floor of the
                                                                                                              Department of Transportation West                        For the reasons stated above, the
                                                        We encourage you to participate in                    Building, 1200 New Jersey Avenue SE.,                 Coast Guard proposes to establish a
                                                      this rulemaking by submitting                           Washington, DC 20590, between 9 a.m.                  temporary safety zone. The proposed
                                                      comments and related materials. All                     and 5 p.m., Monday through Friday,                    zone would encompass all waters of
                                                      comments received will be posted                        except Federal holidays.                              Prospect Bay, within a 1,000 feet radius
                                                      without change to http://                                                                                     of a fireworks discharge barge in
                                                      www.regulations.gov and will include                    3. Privacy Act                                        approximate position latitude
                                                      any personal information you have                         Anyone can search the electronic                    39°57′49.8″ N., longitude 076°14′58.5″
                                                      provided.                                               form of comments received into any of                 W., located between Hog Island and
                                                      1. Submitting Comments                                  our dockets by the name of the                        Kent Island in Queen Anne’s County,
                                                                                                              individual submitting the comment (or                 MD. The temporary safety zone would
                                                         If you submit a comment, please                                                                            be enforced from 8:30 p.m. through 10
                                                      include the docket number for this                      signing the comment, if submitted on
                                                                                                              behalf of an association, business, labor             p.m. on July 4, 2015, and, if necessary
                                                      rulemaking, indicate the specific section                                                                     due to inclement weather, from 8:30
                                                      of this document to which each                          union, etc.). You may review a Privacy
                                                                                                              Act notice regarding our public dockets               p.m. through 10 p.m. on July 5, 2015.
                                                      comment applies, and provide a reason                                                                            The effect of this temporary safety
                                                      for each suggestion or recommendation.                  in the January 17, 2008, issue of the
                                                                                                              Federal Register (73 FR 3316).                        zone would be to restrict navigation in
                                                      You may submit your comments and                                                                              the regulated area immediately before,
                                                      material online at http://                              4. Public Meeting                                     during, and immediately after the
                                                      www.regulations.gov, or by fax, mail, or                                                                      fireworks display. Vessels would be
                                                      hand delivery, but please use only one                    We do not now plan to hold a public
                                                                                                              meeting. But you may submit a request                 allowed to transit the waters of Prospect
                                                      of these means. If you submit a                                                                               Bay outside the safety zone.
                                                      comment online, it will be considered                   for one, using one of the methods
                                                                                                                                                                       This rule requires that entry into or
                                                      received by the Coast Guard when you                    specified under ADDRESSES. Please
                                                                                                                                                                    remaining in this safety zone is
                                                      successfully transmit the comment. If                   explain why you believe a public
                                                                                                                                                                    prohibited unless authorized by the
                                                      you fax, hand deliver, or mail your                     meeting would be beneficial. If we
                                                                                                                                                                    Coast Guard Captain of the Port
                                                      comment, it will be considered as                       determine that one would aid this
                                                                                                                                                                    Baltimore. All vessels underway within
                                                      having been received by the Coast                       rulemaking, we will hold one at a time
                                                                                                                                                                    this safety zone at the time it is
                                                      Guard when it is received at the Docket                 and place announced by a later notice
                                                                                                                                                                    implemented are to depart the zone. To
                                                      Management Facility. We recommend                       in the Federal Register.
                                                                                                                                                                    seek permission to transit the area of the
                                                      that you include your name and a                        B. Regulatory History and Information                 safety zone, the Captain of the Port
                                                      mailing address, an email address, or a                                                                       Baltimore can be contacted at telephone
                                                      telephone number in the body of your                       This rulemaking involves a fireworks               number 410–576–2693 or on Marine
                                                      document so that we can contact you if                  display that will take place in Queen                 Band Radio VHF–FM channel 16 (156.8
                                                      we have questions regarding your                        Anne’s County, MD, on July 4, 2015.                   MHz). Coast Guard vessels enforcing the
                                                      submission.                                             The launch site for the fireworks display             safety zone can be contacted on Marine
                                                         To submit your comment online, go to                 is from a discharge barge located in                  Band Radio VHF–FM channel 16 (156.8
                                                      http://www.regulations.gov, type the                    Prospect Bay. The permanent safety                    MHz). Federal, state, and local agencies
                                                      docket number [USCG–2015–0279] in                       zones listed in the Table to 33 CFR                   may assist the Coast Guard in the
                                                      the ‘‘SEARCH’’ box and click                            165.506 do not apply to this event.                   enforcement of the safety zone. The
                                                      ‘‘SEARCH.’’ Click on ‘‘Submit a                         C. Basis and Purpose                                  Coast Guard will issue notices to the
                                                      Comment’’ on the line associated with                                                                         maritime community to further
                                                      this rulemaking.                                           The legal basis and authorities for this           publicize the safety zone and notify the
                                                         If you submit your comments by mail                  rule are found in 33 U.S.C. 1231; 33 CFR              public of changes in the status of the
                                                      or hand delivery, submit them in an                     1.05–1, and 160.5; Department of                      zone. Such notices will continue until
                                                      unbound format, no larger than 81⁄2 by                  Homeland Security Delegation No.                      the event is complete.
                                                      11 inches, suitable for copying and                     0170.1., which collectively authorize
                                                      electronic filing. If you submit                        the Coast Guard to propose, establish,                E. Regulatory Analyses
                                                      comments by mail and would like to                      and define regulatory safety zones.                     We developed this proposed rule after
                                                      know that they reached the Facility,                    Queen Anne’s County, of Centerville,                  considering numerous statutes and
                                                      please enclose a stamped, self-addressed                MD, will sponsor a fireworks display                  executive orders related to rulemaking.
                                                      postcard or envelope. We will consider                  launched from a barge located in                      Below we summarize our analyses
                                                      all comments and material received                      Prospect Bay, scheduled on July 4, 2015               based on a number of these statutes or
                                                      during the comment period and may                       at approximately 9 p.m. In the event of               executive orders.
                                                      change the rule based on your                           inclement weather, the fireworks will be
                                                                                                              rescheduled on July 5, 2015. The Coast                1. Regulatory Planning and Review
                                                      comments.
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                                                                                                              Guard believes a safety zone is needed                   This proposed rule is not a significant
                                                      2. Viewing Comments and Documents                       to promote public and maritime safety                 regulatory action under section 3(f) of
                                                         To view comments, as well as                         during a fireworks display, and to                    Executive Order 12866, Regulatory
                                                      documents mentioned in this preamble                    protect mariners transiting the area from             Planning and Review, as supplemented
                                                      as being available in the docket, go to                 the potential hazards associated with a               by Executive Order 13563, Improving
                                                      http://www.regulations.gov, type the                    fireworks display, such as the accidental             Regulation and Regulatory Review, and
                                                      docket number (USCG–2015–0201) in                       discharge of fireworks, dangerous                     does not require an assessment of
                                                      the ‘‘SEARCH’’ box and click                            projectiles, and falling hot embers or                potential costs and benefits under
                                                      ‘‘SEARCH.’’ Click on Open Docket                        other debris. This rule is needed to                  section 6(a)(3) of Executive Order 12866


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                                                      25636                     Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules

                                                      or under section 1 of Executive Order                   question or complain about this                       10. Protection of Children From
                                                      13563. The Office of Management and                     proposed rule or any policy or action of              Environmental Health Risks
                                                      Budget has not reviewed it under those                  the Coast Guard.                                        We have analyzed this proposed rule
                                                      Orders.                                                                                                       under Executive Order 13045,
                                                         Although this regulation would                       4. Collection of Information
                                                                                                                                                                    Protection of Children from
                                                      restrict access to this area, the effect of               This proposed rule will not call for a              Environmental Health Risks and Safety
                                                      this proposed rule will not be                          new collection of information under the               Risks. This proposed rule is not an
                                                      significant because: (i) The safety zone                Paperwork Reduction Act of 1995 (44                   economically significant rule and would
                                                      will only be in effect from 8:30 p.m.                   U.S.C. 3501–3520.).                                   not create an environmental risk to
                                                      through 10 p.m. on July 4, 2015, and, if                                                                      health or risk to safety that might
                                                      necessary due to inclement weather,                     5. Federalism
                                                                                                                                                                    disproportionately affect children.
                                                      from 8:30 p.m. through 10 p.m. on July
                                                      5, 2015, and (ii) the Coast Guard will                     A rule has implications for federalism             11. Indian Tribal Governments
                                                      give advance notification via maritime                  under Executive Order 13132,
                                                                                                              Federalism, if it has a substantial direct               This proposed rule does not have
                                                      advisories so mariners can adjust their                                                                       tribal implications under Executive
                                                      plans accordingly.                                      effect on the States, on the relationship
                                                                                                              between the national government and                   Order 13175, Consultation and
                                                      2. Impact on Small Entities                             the States, or on the distribution of                 Coordination with Indian Tribal
                                                                                                              power and responsibilities among the                  Governments, because it would not have
                                                         The Regulatory Flexibility Act of 1980                                                                     a substantial direct effect on one or
                                                      (RFA), 5 U.S.C. 601–612, as amended,                    various levels of government. We have
                                                                                                              analyzed this proposed rule under that                more Indian tribes, on the relationship
                                                      requires federal agencies to consider the                                                                     between the Federal Government and
                                                      potential impact of regulations on small                Order and determined that this rule
                                                                                                                                                                    Indian tribes, or on the distribution of
                                                      entities during rulemaking. The term                    does not have implications for
                                                                                                                                                                    power and responsibilities between the
                                                      ‘‘small entities’’ comprises small                      federalism.
                                                                                                                                                                    Federal Government and Indian tribes.
                                                      businesses, not-for-profit organizations                6. Protest Activities
                                                      that are independently owned and                                                                              12. Energy Effects
                                                      operated and are not dominant in their                    The Coast Guard respects the First                     This proposed rule is not a
                                                      fields, and governmental jurisdictions                  Amendment rights of protesters.                       ‘‘significant energy action’’ under
                                                      with populations of less than 50,000.                   Protesters are asked to contact the                   Executive Order 13211, Actions
                                                      The Coast Guard certifies under 5 U.S.C.                person listed in the FOR FURTHER                      Concerning Regulations That
                                                      605(b) that this proposed rule will not                 INFORMATION CONTACT section to                        Significantly Affect Energy Supply,
                                                      have a significant economic impact on                   coordinate protest activities so that your            Distribution, or Use.
                                                      a substantial number of small entities.                 message can be received without
                                                      This proposed rule will affect the                      jeopardizing the safety or security of                13. Technical Standards
                                                      following entities, some of which may                   people, places or vessels.                              This proposed rule does not use
                                                      be small entities: The owners or                                                                              technical standards. Therefore, we did
                                                      operators of vessels intending to operate               7. Unfunded Mandates Reform Act                       not consider the use of voluntary
                                                      or transit through or within, or anchor                    The Unfunded Mandates Reform Act                   consensus standards.
                                                      in, the safety zone during the                          of 1995 (2 U.S.C. 1531–1538) requires                 14. Environment
                                                      enforcement period. This proposed                       Federal agencies to assess the effects of
                                                      safety zone will not have a significant                                                                          We have analyzed this proposed rule
                                                                                                              their discretionary regulatory actions. In            under Department of Homeland
                                                      economic impact on a substantial                        particular, the Act addresses actions
                                                      number of small entities for the reasons                                                                      Security Management Directive 023–01
                                                                                                              that may result in the expenditure by a               and Commandant Instruction
                                                      provided under Regulatory Planning                      State, local, or tribal government, in the
                                                      and Review.                                                                                                   M16475.lD, which guide the Coast
                                                                                                              aggregate, or by the private sector of                Guard in complying with the National
                                                         If you think that your business,                     $100,000,000 (adjusted for inflation) or
                                                      organization, or governmental                                                                                 Environmental Policy Act of 1969
                                                                                                              more in any one year. Though this                     (NEPA) (42 U.S.C. 4321–4370f), and
                                                      jurisdiction qualifies as a small entity                proposed rule would not result in such
                                                      and that this rule would have a                                                                               have made a preliminary determination
                                                                                                              an expenditure, we do discuss the                     that this action is one of a category of
                                                      significant economic impact on it,                      effects of this rulemaking elsewhere in
                                                      please submit a comment (see                                                                                  actions that do not individually or
                                                                                                              this preamble.                                        cumulatively have a significant effect on
                                                      ADDRESSES) explaining why you think it
                                                      qualifies and how and to what degree                    8. Taking of Private Property                         the human environment. This proposed
                                                      this rule would economically affect it.                                                                       rule involves establishing a temporary
                                                                                                                This proposed rule would not cause a                safety zone for a fireworks display. The
                                                      3. Assistance for Small Entities                        taking of private property or otherwise               fireworks are launched from navigable
                                                         Under section 213(a) of the Small                    have taking implications under                        waters of the United States and may
                                                      Business Regulatory Enforcement                         Executive Order 12630, Governmental                   negatively impact the safety or other
                                                      Fairness Act of 1996 (Pub. L. 104–121),                 Actions and Interference with                         interests of waterway users and near
                                                      we want to assist small entities in                     Constitutionally Protected Property                   shore activities in the event area. The
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                                                      understanding this proposed rule. If the                Rights.                                               activity includes fireworks launched
                                                      rule would affect your small business,                  9. Civil Justice Reform                               from barges near the shoreline that
                                                      organization, or governmental                                                                                 generally rely on the use of navigable
                                                      jurisdiction and you have questions                        This proposed rule meets applicable                waters as a safety buffer to protect the
                                                      concerning its provisions or options for                standards in sections 3(a) and 3(b)(2) of             public from fireworks fallouts and
                                                      compliance, please contact the person                   Executive Order 12988, Civil Justice                  premature detonations. This rulemaking
                                                      listed in the FOR FURTHER INFORMATION                   Reform, to minimize litigation,                       is categorically excluded from further
                                                      CONTACT, above. The Coast Guard will                    eliminate ambiguity, and reduce                       review under paragraph 34(g) of Figure
                                                      not retaliate against small entities that               burden.                                               2–1 of the Commandant Instruction. A


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                                                                                Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules                                                 25637

                                                      preliminary environmental analysis                      contacted on Marine Band Radio VHF–                   DEPARTMENT OF HEALTH AND
                                                      checklist supporting this determination                 FM channel 16 (156.8 MHz). Upon                       HUMAN SERVICES
                                                      and a Categorical Exclusion                             being hailed by a U.S. Coast Guard
                                                      Determination are available in the                      vessel, or other Federal, State, or local             Centers for Medicare & Medicaid
                                                      docket where indicated under                            agency vessel, by siren, radio, flashing              Services
                                                      ADDRESSES. We seek any comments or                      light, or other means, the operator of a
                                                      information that may lead to the                        vessel shall proceed as directed. If                  42 CFR Part 412
                                                      discovery of a significant environmental                permission is granted, all persons and
                                                      impact from this proposed rule.                         vessels must comply with the                          Office of the Secretary
                                                      List of Subjects in 33 CFR Part 165                     instructions of the Captain of the Port
                                                                                                                                                                    45 CFR Part 170
                                                        Harbors, Marine safety, Navigation                    Baltimore or his designated
                                                      (water), Reporting and recordkeeping                    representative and proceed as directed                [CMS–1632–P]
                                                      requirements, Security measures,                        while within the zone.                                RIN–0938–AS41
                                                      Waterways.                                                 (4) Enforcement. The U.S. Coast
                                                                                                              Guard may be assisted in the patrol and               Medicare Program; Hospital Inpatient
                                                        For the reasons discussed in the
                                                                                                              enforcement of the zone by Federal,                   Prospective Payment Systems for
                                                      preamble, the Coast Guard proposes to
                                                                                                              State, and local agencies.                            Acute Care Hospitals and the Long-
                                                      amend 33 CFR part 165 as follows:
                                                                                                                                                                    Term Care Hospital Prospective
                                                                                                                 (c) Definitions. As used in this                   Payment System Policy Changes and
                                                      PART 165—REGULATED NAVIGATION                           section:
                                                      AREAS AND LIMITED ACCESS AREAS                                                                                Fiscal Year 2016 Rates; Revisions of
                                                                                                                 Captain of the Port Baltimore means                Quality Reporting Requirements for
                                                      ■ 1. The authority citation for part 165                the Commander, U.S. Coast Guard                       Specific Providers, Including Changes
                                                      continues to read as follows:                           Sector Baltimore, Maryland.                           Related to the Electronic Health
                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                Designated representative means any                Record Incentive Program
                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Coast Guard commissioned, warrant, or                 Correction
                                                      Department of Homeland Security Delegation              petty officer who has been authorized
                                                      No. 0170.1.                                                                                                      In proposed rule document 2015–
                                                                                                              by the Captain of the Port Baltimore to
                                                      ■ 2. Add § 165.T05–0279 to read as                                                                            09245 beginning on page 24324 in the
                                                                                                              assist in enforcing the safety zone                   issue of Thursday, April 30, 2015 make
                                                      follows:                                                described in paragraph (a) of this                    the following correction(s):
                                                      § 165.0279 Safety Zone for Fireworks                    section.                                                 • On page 24324, in the second
                                                      Display, Chesapeake Bay, Prospect Bay;                     (d) Enforcement period. This section               column, in the DATES section, ‘‘June 29,
                                                      Queen Anne’s County, MD.                                                                                      2015’’ should read ‘‘June 16, 2015’’.
                                                                                                              will be enforced from 8:30 p.m. through
                                                         (a) Location. The following area is a                10 p.m. on July 4, 2015, and, if                      [FR Doc. C1–2015–09245 Filed 5–4–15; 8:45 am]
                                                      safety zone: All waters of Prospect Bay,                necessary due to inclement weather,                   BILLING CODE 1505–01–D
                                                      within a 1,000 feet radius of a fireworks               from 8:30 p.m. through 10 p.m. on July
                                                      discharge barge in approximate position                 5, 2015.
                                                      latitude 39°57′49.8″ N, longitude
                                                      076°14′58.5″ W, located between Hog                       Dated: April 15, 2015.                              CORPORATION FOR NATIONAL AND
                                                      Island and Kent Island in Queen Anne’s                  M.M. Dean,                                            COMMUNITY SERVICE
                                                      County, MD. All coordinates refer to                    Commander, U.S. Coast Guard, Acting                   45 CFR Parts 1206, 1210, 1211, 1216,
                                                      datum NAD 1983.                                         Captain of the Port Baltimore.                        1217, 1218, 1220, 1222, 1226, 2556
                                                         (b) Regulations. The general safety                  [FR Doc. 2015–10490 Filed 5–4–15; 8:45 am]
                                                      zone regulations found in 33 CFR                        BILLING CODE 9110–04–P
                                                                                                                                                                    RIN 3045–AA36
                                                      165.23 apply to the safety zone created
                                                      by this temporary section, § 165.T05–                                                                         Volunteers in Service to America
                                                      0279.                                                                                                         AGENCY:  Corporation for National and
                                                         (1) All persons are required to comply                                                                     Community Service.
                                                      with the general regulations governing
                                                                                                                                                                    ACTION: Proposed rule with request for
                                                      safety zones found in 33 CFR 165.23.
                                                         (2) Entry into or remaining in this                                                                        comments.
                                                      zone is prohibited unless authorized by                                                                       SUMMARY:  The Corporation for National
                                                      the Coast Guard Captain of the Port                                                                           and Community Service (CNCS)
                                                      Baltimore. All vessels underway within                                                                        proposes new regulations under the
                                                      this safety zone at the time it is                                                                            Domestic Volunteer Service Act of 1973,
                                                      implemented are to depart the zone.                                                                           as amended, and the National and
                                                         (3) Persons desiring to transit the area                                                                   Community Service Act of 1990, as
                                                      of the safety zone must first obtain                                                                          amended, for the Volunteers in Service
                                                      authorization from the Captain of the
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                                                                                                                                                                    to America (VISTA) program, including
                                                      Port Baltimore or his designated                                                                              certain changes to update existing
                                                      representative. To seek permission to                                                                         regulations.
                                                      transit the area, the Captain of the Port
                                                      Baltimore and his designated                                                                                  DATES:  To be sure your comments are
                                                      representatives can be contacted at                                                                           considered, they must reach CNCS on or
                                                      telephone number 410–576–2693 or on                                                                           before July 6, 2015.
                                                      Marine Band Radio VHF–FM channel                                                                              ADDRESSES: You may send your
                                                      16 (156.8 MHz). The Coast Guard                                                                               comments electronically through the
                                                      vessels enforcing this section can be                                                                         Federal government’s one-stop


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Document Created: 2015-12-16 07:53:46
Document Modified: 2015-12-16 07:53:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before June 4, 2015.
ContactIf you have questions on this rule, call or email Mr. Ronald Houck, Sector Baltimore Waterways Management Division, Coast Guard; telephone 410-576-2674, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 25634 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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