82 FR 55336 - Safety Zone; Spa Creek, Annapolis, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 223 (November 21, 2017)

Page Range		55336-55339
FR Document		2017-25125

The Coast Guard proposes to establish a temporary safety zone for certain waters of Spa Creek. This action is necessary to provide for the safety of life on navigable waters during a fireworks display in Anne Arundel County at Annapolis, MD, on December 31, 2017. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland- National Capital Region or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 223 (Tuesday, November 21, 2017)

[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Proposed Rules]
[Pages 55336-55339]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25125]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0994]
RIN 1625-AA00


Safety Zone; Spa Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

[[Page 55337]]


ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of Spa Creek. This action is necessary to provide 
for the safety of life on navigable waters during a fireworks display 
in Anne Arundel County at Annapolis, MD, on December 31, 2017. This 
proposed rulemaking would prohibit persons and vessels from entering 
the safety zone unless authorized by the Captain of the Port Maryland-
National Capital Region or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 28, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0994 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ronald Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast 
Guard; telephone 410-576-2674, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The City of Annapolis, MD, notified the Coast Guard that it will be 
conducting an aerial fireworks display at 11:55 p.m. on December 31, 
2017. The fireworks display will be conducted by Pyrotecnico of New 
Castle, PA, and launched from a barge located in Spa Creek, in Anne 
Arundel County at Annapolis, MD. There is no rain date planned for this 
fireworks display. Hazards from fireworks displays include accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris. The Captain of the Port (COTP) has determined that 
these potential hazards would be a safety concern for anyone within 133 
yards of the fireworks discharge barge.
    This rule involves the City of Annapolis New Year's Eve fireworks 
display, an event that takes place in Annapolis, MD. A permanent safety 
zone for fireworks in Annapolis on December 31st is at 33 CFR 165.506. 
However, due to a change in size and location of the regulated area, 
the event this year is changed to approximately 700 yards west and its 
size is reduced to 133 yards. The proposed temporary safety zone will 
include all waters of Spa Creek within 133 yards of the fireworks barge 
in approximate position latitude 38[deg]58'33.01'' N., longitude 
076[deg]28'58.00'' W.; the event date remains unchanged.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within 133 yards of the barge before, during, 
and after the scheduled event. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 11 p.m. on 
December 31, 2017 through 1 a.m. on January 1, 2018. The safety zone 
would include all navigable waters of Spa Creek, within 133 yards of 
the fireworks barge in approximate position latitude 38[deg]58'33.01'' 
N., longitude 076[deg]28'58.00'' W., located at Annapolis, MD. The 
duration of the safety zone is intended to ensure the safety of vessels 
and these navigable waters before, during, and after the scheduled 
11:55 p.m. fireworks display. No vessel or person would be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. 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 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 duration, 
time-of-year, and time-of-day of the safety zone. Although vessel 
traffic would not be able to safely transit around this safety zone, 
the impact would be for only 2 hours during the late evening when 
vessel traffic in Spa Creek is normally low. Moreover, the Coast Guard 
would 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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 
section. 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.

[[Page 55338]]

C. Collection of Information

    This proposed rule would 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 proposed 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. 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 (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 a safety 
zone lasting less than 2 hours that would prohibit entry within 133 
yards of a fireworks barge. Normally such actions are categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary Record of Environmental 
Consideration supporting this determination is 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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.T05-0994 to read as follows:


Sec.  165.T05-0994   Safety Zone; Spa Creek, Annapolis, MD.

    (a) Definitions. As used in this section:
    Captain of the Port means the Commander, U.S. Coast Guard Sector 
Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to assist in enforcing the safety 
zone described in paragraph (b) of this section.
    (b) Location. The following area is a safety zone: All navigable 
waters of Spa Creek, within 133 yards of a fireworks barge in 
approximate position latitude 38[deg]58'33.01'' N., longitude 
076[deg]28'58.00'' W., located at Annapolis, MD. All coordinates refer 
to North American Datum 83 (NAD 1983).
    (c) Regulations. The general safety zone regulations found in 33 
CFR 165 subpart C apply to the safety zone created by this section.
    (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 Captain of the Port (COTP) or designated 
representative. 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 COTP or designated representative. 
To request permission to transit the area, the COTP and or 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

[[Page 55339]]

Band Radio VHF-FM channel 16 (156.8 MHz). If permission is granted, 
persons and vessels must comply with the instructions of the COTP or 
designated representative and proceed as directed while within the 
zone.
    (4) 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.
    (d) Enforcement period. This section will be enforced from 11 p.m. 
on December 31, 2017 through 1 a.m. on January 1, 2018.

    Dated: November 15, 2017.
L.P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2017-25125 Filed 11-20-17; 8:45 am]
 BILLING CODE 9110-04-P

55336 Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Proposed Rules

Conclusion review. 21 U.S.C. 877. Temporary Additionally, this action is not a
This notice of intent initiates a scheduling orders are not subject to significant regulatory action as defined
temporary scheduling process and judicial review. 21 U.S.C. 811(h)(6). by Executive Order 12866 (Regulatory
provides the 30-day notice pursuant to Planning and Review), section 3(f), and,
Regulatory Matters
section 201(h) of the CSA, 21 U.S.C. accordingly, this action has not been
Section 201(h) of the CSA, 21 U.S.C. reviewed by the Office of Management
811(h), of DEA’s intent to issue a 811(h), provides for a temporary
temporary scheduling order. In and Budget.
scheduling action where such action is This action will not have substantial
accordance with the provisions of necessary to avoid an imminent hazard
section 201(h) of the CSA, 21 U.S.C. direct effects on the States, on the
to the public safety. As provided in this relationship between the national
811(h), the Administrator considered subsection, the Attorney General may,
available data and information, herein government and the States, or on the
by order, schedule a substance in distribution of power and
set forth the grounds for his Schedule I on a temporary basis. Such
determination that it is necessary to responsibilities among the various
an order may not be issued before the levels of government. Therefore, in
temporarily schedule cyclopropyl expiration of 30 days from (1) the
fentanyl in Schedule I of the CSA, and accordance with Executive Order 13132
publication of a notice in the Federal (Federalism) it is determined that this
finds that placement of this synthetic Register of the intention to issue such
opioid into Schedule I of the CSA is action does not have sufficient
order and the grounds upon which such federalism implications to warrant the
necessary in order to avoid an imminent order is to be issued, and (2) the date
hazard to the public safety. preparation of a Federalism Assessment.
that notice of the proposed temporary
The temporary placement of scheduling order is transmitted to the List of Subjects in 21 CFR Part 1308
cyclopropyl fentanyl into Schedule I of Assistant Secretary of HHS. 21 U.S.C.
the CSA will take effect pursuant to a Administrative practice and
811(h)(1). procedure, Drug traffic control,
temporary scheduling order, which will Inasmuch as section 201(h) of the
not be issued before December 21, 2017. Reporting and recordkeeping
CSA directs that temporary scheduling requirements.
Because the Administrator hereby finds actions be issued by order and sets forth
that it is necessary to temporarily place the procedures by which such orders are For the reasons set out above, the DEA
cyclopropyl fentanyl into Schedule I to to be issued, the DEA believes that the proposes to amend 21 CFR part 1308 as
avoid an imminent hazard to the public notice and comment requirements of follows:
safety, the temporary order scheduling section 553 of the Administrative
this substance will be effective on the PART 1308—SCHEDULES OF
Procedure Act (APA), 5 U.S.C. 553, do CONTROLLED SUBSTANCES
date that order is published in the not apply to this notice of intent. In the
Federal Register, and will be in effect alternative, even assuming that this ■ 1. The authority citation for part 1308
for a period of two years, with a possible notice of intent might be subject to continues to read as follows:
extension of one additional year, section 553 of the APA, the
pending completion of the regular Authority: 21 U.S.C. 811, 812, 871(b),
Administrator finds that there is good
(permanent) scheduling process. 21 956(b), unless otherwise noted.
cause to forgo the notice and comment
U.S.C. 811(h)(1) and (2). It is the requirements of section 553, as any ■ 2. In § 1308.11, add paragraph (h)(22)
intention of the Administrator to issue further delays in the process for to read as follows:
a temporary scheduling order as soon as issuance of temporary scheduling orders
possible after the expiration of 30 days § 1308.11 Schedule I
would be impracticable and contrary to
from the date of publication of this the public interest in view of the * * * * *
notice. Upon publication of the manifest urgency to avoid an imminent (h) * * *
temporary order, cyclopropyl fentanyl hazard to the public safety. (22) N-(1-phenethylpiperidin-4-yl)-N-
will be subject to the regulatory controls Although the DEA believes this notice phenylcyclopropanecarboxamide, its
and administrative, civil, and criminal of intent to issue a temporary isomers, esters, ethers, salts and salts of
sanctions applicable to the manufacture, scheduling order is not subject to the isomers, esters and ethers (Other name:
distribution, reverse distribution, notice and comment requirements of cyclopropyl fentanyl) . . . (9845)
importation, exportation, research, section 553 of the APA, the DEA notes * * * * *
conduct of instructional activities and that in accordance with 21 U.S.C. Dated: November 13, 2017.
chemical analysis, and possession of a 811(h)(4), the Administrator will take Robert W. Patterson,
Schedule I controlled substance. into consideration any comments
The CSA sets forth specific criteria for Acting Administrator.
submitted by the Assistant Secretary in
scheduling a drug or other substance. [FR Doc. 2017–25077 Filed 11–20–17; 8:45 am]
response to the notice that DEA
Regular scheduling actions in transmitted to the Assistant Secretary BILLING CODE 4410–09–P
accordance with 21 U.S.C. 811(a) are pursuant to section 811(h)(4).
subject to formal rulemaking procedures Further, the DEA believes that this
done ‘‘on the record after opportunity temporary scheduling action is not a DEPARTMENT OF HOMELAND
for a hearing’’ conducted pursuant to ‘‘rule’’ as defined by 5 U.S.C. 601(2), SECURITY
the provisions of 5 U.S.C. 556 and 557. and, accordingly, is not subject to the
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

21 U.S.C. 811. The regular scheduling requirements of the Regulatory Coast Guard
process of formal rulemaking affords Flexibility Act (RFA). The requirements
interested parties with appropriate for the preparation of an initial 33 CFR Part 165
process and the government with any regulatory flexibility analysis in 5 U.S.C. [Docket Number USCG–2017–0994]
additional relevant information needed 603(a) are not applicable where, as here,
to make a determination. Final the DEA is not required by section 553 RIN 1625–AA00
decisions that conclude the regular of the APA or any other law to publish Safety Zone; Spa Creek, Annapolis, MD
scheduling process of formal a general notice of proposed
rulemaking are subject to judicial rulemaking. AGENCY: Coast Guard, DHS.

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Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Proposed Rules 55337

ACTION: Notice of proposed rulemaking. safety concern for anyone within 133 Order 12866. Accordingly, the NPRM
yards of the fireworks discharge barge. has not been reviewed by the Office of
SUMMARY: The Coast Guard proposes to This rule involves the City of Management and Budget (OMB), and
establish a temporary safety zone for Annapolis New Year’s Eve fireworks pursuant to OMB guidance it is exempt
certain waters of Spa Creek. This action display, an event that takes place in from the requirements of Executive
is necessary to provide for the safety of Annapolis, MD. A permanent safety Order 13771.
life on navigable waters during a zone for fireworks in Annapolis on This regulatory action determination
fireworks display in Anne Arundel December 31st is at 33 CFR 165.506. is based on the duration, time-of-year,
County at Annapolis, MD, on December However, due to a change in size and and time-of-day of the safety zone.
31, 2017. This proposed rulemaking location of the regulated area, the event Although vessel traffic would not be
would prohibit persons and vessels this year is changed to approximately able to safely transit around this safety
from entering the safety zone unless 700 yards west and its size is reduced zone, the impact would be for only 2
authorized by the Captain of the Port to 133 yards. The proposed temporary hours during the late evening when
Maryland-National Capital Region or a safety zone will include all waters of vessel traffic in Spa Creek is normally
designated representative. We invite Spa Creek within 133 yards of the low. Moreover, the Coast Guard would
your comments on this proposed fireworks barge in approximate position issue a Broadcast Notice to Mariners via
rulemaking. latitude 38°58′33.01″ N., longitude VHF–FM marine channel 16 about the
DATES: Comments and related material 076°28′58.00″ W.; the event date zone.
must be received by the Coast Guard on remains unchanged.
or before November 28, 2017. The purpose of this rulemaking is to B. Impact on Small Entities
ensure the safety of vessels and the
ADDRESSES: You may submit comments The Regulatory Flexibility Act of
navigable waters within 133 yards of the
identified by docket number USCG– barge before, during, and after the 1980, 5 U.S.C. 601–612, as amended,
2017–0994 using the Federal scheduled event. The Coast Guard requires Federal agencies to consider
eRulemaking Portal at http:// proposes this rulemaking under the potential impact of regulations on
www.regulations.gov. See the ‘‘Public authority in 33 U.S.C. 1231. small entities during rulemaking. The
Participation and Request for term ‘‘small entities’’ comprises small
Comments’’ portion of the III. Discussion of Proposed Rule businesses, not-for-profit organizations
SUPPLEMENTARY INFORMATION section for The COTP proposes to establish a that are independently owned and
further instructions on submitting safety zone from 11 p.m. on December operated and are not dominant in their
comments. 31, 2017 through 1 a.m. on January 1, fields, and governmental jurisdictions
FOR FURTHER INFORMATION CONTACT: If 2018. The safety zone would include all with populations of less than 50,000.
you have questions about this proposed navigable waters of Spa Creek, within The Coast Guard certifies under 5 U.S.C.
rulemaking, call or email Mr. Ronald 133 yards of the fireworks barge in 605(b) that this proposed rule would not
Houck, Sector Maryland-National approximate position latitude have a significant economic impact on
Capital Region Waterways Management 38°58′33.01″ N., longitude 076°28′58.00″ a substantial number of small entities.
Division, U.S. Coast Guard; telephone W., located at Annapolis, MD. The While some owners or operators of
410–576–2674, email Ronald.L.Houck@ duration of the safety zone is intended vessels intending to transit the safety
uscg.mil. to ensure the safety of vessels and these zone may be small entities, for the
navigable waters before, during, and reasons stated in section IV.A above,
SUPPLEMENTARY INFORMATION:
after the scheduled 11:55 p.m. fireworks this proposed rule would not have a
I. Table of Abbreviations display. No vessel or person would be significant economic impact on any
permitted to enter the safety zone vessel owner or operator.
CFR Code of Federal Regulations without obtaining permission from the If you think that your business,
COTP Captain of the Port COTP or a designated representative.
DHS Department of Homeland Security organization, or governmental
The regulatory text we are proposing jurisdiction qualifies as a small entity
FR Federal Register
appears at the end of this document. and that this rule would have a
NPRM Notice of proposed rulemaking
§ Section IV. Regulatory Analyses significant economic impact on it,
U.S.C. United States Code please submit a comment (see
We developed this proposed rule after
ADDRESSES) explaining why you think it
II. Background, Purpose, and Legal considering numerous statutes and
qualifies and how and to what degree
Basis Executive orders related to rulemaking.
this rule would economically affect it.
Below we summarize our analyses
The City of Annapolis, MD, notified based on a number of these statutes and Under section 213(a) of the Small
the Coast Guard that it will be Executive orders and we discuss First Business Regulatory Enforcement
conducting an aerial fireworks display Amendment rights of protestors. Fairness Act of 1996 (Pub. L. 104–121),
at 11:55 p.m. on December 31, 2017. we want to assist small entities in
The fireworks display will be conducted A. Regulatory Planning and Review understanding this proposed rule. If the
by Pyrotecnico of New Castle, PA, and Executive Orders 12866 and 13563 rule would affect your small business,
launched from a barge located in Spa direct agencies to assess the costs and organization, or governmental
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

Creek, in Anne Arundel County at benefits of available regulatory jurisdiction and you have questions
Annapolis, MD. There is no rain date alternatives and, if regulation is concerning its provisions or options for
planned for this fireworks display. necessary, to select regulatory compliance, please contact the person
Hazards from fireworks displays include approaches that maximize net benefits. listed in the FOR FURTHER INFORMATION
accidental discharge of fireworks, Executive Order 13771 directs agencies CONTACT section. The Coast Guard will
dangerous projectiles, and falling hot to control regulatory costs through a not retaliate against small entities that
embers or other debris. The Captain of budgeting process. This NPRM has not question or complain about this
the Port (COTP) has determined that been designated a ‘‘significant proposed rule or any policy or action of
these potential hazards would be a regulatory action,’’ under Executive the Coast Guard.

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Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Proposed Rules 55339

Band Radio VHF–FM channel 16 (156.8 you consider to be Confidential II. Purpose of the NODA
MHz). If permission is granted, persons Business Information (CBI) or other On November 1, 2017, the EPA
and vessels must comply with the information whose disclosure is became aware that two memoranda
instructions of the COTP or designated restricted by statute. Multimedia prepared to support the September 21,
representative and proceed as directed submissions (audio, video, etc.) must be 2017, proposed rule were inadvertently
while within the zone. accompanied by a written comment. omitted from the docket. The subject of
(4) Enforcement officials. The U.S. The written comment is considered the the two memoranda are ‘‘Development
Coast Guard may be assisted in the official comment and should include of the RTR Risk Modeling Dataset for
patrol and enforcement of the safety discussion of all points you wish to the Portland Cement Manufacturing
zone by Federal, State, and local make. The EPA will generally not Source Category,’’ and ‘‘Technology
agencies. consider comments or comment Review for the Portland Cement
(d) Enforcement period. This section contents located outside of the primary Production Source Category.’’
will be enforced from 11 p.m. on submission (i.e., on the Web, cloud, or The purpose of the memorandum
December 31, 2017 through 1 a.m. on other file sharing system). For with the subject title of ‘‘Development
January 1, 2018. additional submission methods, the full of the RTR Risk Modeling Dataset for
Dated: November 15, 2017. EPA public comment policy, the Portland Cement Manufacturing
L.P. Harrison, Jr.,
information about CBI or multimedia Source Category’’ is to document the
submissions, and general guidance on technical approach and rationale used
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
making effective comments, please visit to develop the risk modeling input data
https://www2.epa.gov/dockets/ used to perform the residual risk
[FR Doc. 2017–25125 Filed 11–20–17; 8:45 am]
commenting-epa-dockets. assessment, pursuant to section 112(f) of
BILLING CODE 9110–04–P
FOR FURTHER INFORMATION CONTACT: Mr. the CAA. It includes discussions of the
Brian Storey, Sector Policies and methods used to develop a list of
Programs Division (D243–04), Office of facilities subject to the source category;
ENVIRONMENTAL PROTECTION Air Quality Planning and Standards, the development of actual, acute, and
AGENCY U.S. Environmental Protection Agency, allowable emissions datasets; and
40 CFR Part 60 Research Triangle Park, North Carolina discussions of how stack parameter data
27711; telephone number: (919) 541– and stack locations were derived. The
[EPA–HQ–OAR–2016–0442; FRL–9971–03– 1103; fax number: (919) 541–4991; and memorandum was actually included in
OAR] email address: storey.brian@epa.gov. the docket as Appendix 1 of the
RIN 2060–AS92 SUPPLEMENTARY INFORMATION: document, ‘‘Residual Risk Assessment
Organization of This Document. The for the Portland Cement Manufacturing
National Emission Standards for information presented in this document Source Category in Support of the
Hazardous Air Pollutants From the is organized as follows: September 2017 Risk and Technology
Portland Cement Manufacturing I. Background Review Proposed Rule.’’ This document
Industry; Residual Risk and II. Purpose of the NODA was posted to the docket prior to
Technology Review publication of the proposed rule as
I. Background Docket Item No. EPA–HQ–OAR–2016–
AGENCY: Environmental Protection On September 21, 2017, the EPA 0442–0153. However, we also intended
Agency (EPA). proposed amendments to the National to include this memorandum as a stand-
ACTION: Proposed rule; notice of data Emission Standards for Hazardous Air alone document.
availability. Pollutants From the Portland Cement The purpose of the memorandum
Manufacturing Industry to address the with the subject title of ‘‘Technology
SUMMARY: The Environmental Protection results of the residual risk and Review for the Portland Cement
Agency (EPA) is issuing this notice of technology review (RTR) in accordance Production Source Category’’ is to
data availability (NODA) in support of with section 112 of the Clean Air Act provide a summary of the methods used
the proposed rule titled ‘‘National (CAA). The proposed rule indicated that to determine what, if any, new
Emission Standards for Hazardous Air the EPA found risks due to emissions of developments in practices, processes,
Pollutants From the Portland Cement air toxics to be acceptable from this and control technologies exist for the
Manufacturing Industry; Residual Risk source category, and identified no cost- Portland Cement Manufacturing source
and Technology Review,’’ which was effective controls under the technology category to support our proposed
published on September 21, 2017. In review to achieve further emissions determination regarding whether
this document, the EPA is soliciting reductions. In addition, the proposed revisions to the rule are warranted
public comment on information added rule included amendments to correct under section 112(d)(6) of the CAA. The
to the docket (EPA–HQ–OAR–2016– and clarify rule testing and monitoring information provided by this
0442) on November 3, 2017. provisions. In support of the proposed memorandum was summarized in the
DATES: Comments must be received on rule, the EPA posted over 160 preamble of the September 21, 2017,
or before December 4, 2017. documents to the docket to allow the proposed rule.
ADDRESSES: Submit your comments, public to provide comment on the rule The EPA recognizes the importance of
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

identified by Docket ID No. EPA–HQ– and on documents used to develop the these two documents, and posted both
OAR–2016–0442, at https:// rule, in accordance with section 307(d) documents to the docket on November
www.regulations.gov. Follow the online of the CAA. The subject matter of these 3, 2017. The docket item numbers are
instructions for submitting comments. docketed items included various EPA–HQ–OAR–2016–0442–0188 for
Once submitted, comments cannot be correspondence with stakeholders, ‘‘Development of the RTR Risk
edited or removed from Regulations.gov. summary of meeting minutes, and Modeling Dataset for the Portland
The EPA may publish any comment technical memoranda related to the risk Cement Manufacturing Source
received to its public docket. Do not assessment and technology review Category’’ and EPA–HQ–OAR–2016–
submit electronically any information process. 0442–0189 for ‘‘Technology Review for

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Document Created: 2017-11-21 00:43:12
Document Modified: 2017-11-21 00:43:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before November 28, 2017.
Contact		If you have questions about this proposed rulemaking, call or email Mr. Ronald Houck, Sector Maryland- National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected]
FR Citation		82 FR 55336
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 55336 - Safety Zone; Spa Creek, Annapolis, MD

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 223 (November 21, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard