83_FR_14432 83 FR 14367 - Safety Zone; Recurring Fireworks Display Within the Fifth Coast Guard District

83 FR 14367 - Safety Zone; Recurring Fireworks Display Within the Fifth Coast Guard District

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 65 (April 4, 2018)

Page Range14367-14369
FR Document2018-06888

The Coast Guard is establishing a temporary safety zone for certain waters of the Upper Potomac River. This action is necessary to provide for the safety of life on navigable waters during the National Cherry Blossom Festival fireworks display in the Washington Channel, Washington, DC, on April 7, 2018. This rulemaking will 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.

Federal Register, Volume 83 Issue 65 (Wednesday, April 4, 2018)
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Rules and Regulations]
[Pages 14367-14369]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06888]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0182]
RIN 1625-AA00


Safety Zone; Recurring Fireworks Display Within the Fifth Coast 
Guard District

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Upper Potomac River. This action is necessary to 
provide for the safety of life on navigable waters during the National 
Cherry Blossom Festival fireworks display in the Washington Channel, 
Washington, DC, on April 7, 2018. This rulemaking will 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.

DATES: This rule is effective from 8 p.m. on April 7, 2018 through 9:30 
p.m. on April 8, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0182 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, Sector Maryland-National Capital Region 
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email Ronald.L.Houck@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On January 9, 2018, and February 2, 2018, the Coast Guard was 
notified by the event sponsor that a change of location was necessary 
to that currently listed for the annually scheduled National Cherry 
Blossom Festival fireworks display in 33 CFR 165.506. Entry (b)(1) in 
the Table to 33 CFR 165.506 for Recurring Fireworks Displays within the 
Fifth Coast Guard District specifies the location of the regulated area 
for this safety zone as a circular shaped area that includes all waters 
of the Upper Potomac River, within 170 yard radius of the fireworks 
barge in approximate position latitude 38[deg]52'20.3'' N, longitude 
077[deg]01'17.5'' W, located within the Washington Channel, at 
Washington Harbor, DC. The location of the fireworks display for this 
year is changed approximately 1,000 yards upstream and its size is 
reduced, to include all waters of the Washington Channel within 200 
feet of the fireworks barge in approximate position latitude 
38[deg]52'45.49'' N, longitude 077[deg]01'41.06'' W, located in 
Washington, DC. Hazards from fireworks displays include accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris. The COTP has determined that potential hazards 
associated with the fireworks to be used in this display would be a 
safety concern for anyone within 200 feet of the fireworks barge.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to

[[Page 14368]]

comment when the agency for good cause finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists 
for not publishing a notice of proposed rulemaking (NPRM) with respect 
to this rule because it is impracticable to provide a sufficient 
comment period and maintain the event as scheduled for April 7, 2018.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to public interest because immediate action 
is needed to respond to the potential safety hazards associated with a 
fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
the fireworks to be used in this April 7, 2018 display will be a safety 
concern for anyone on the Washington Channel near The Wharf DC. The 
purpose of this rulemaking is to ensure the safety of vessels and the 
navigable waters in the safety zone before, during, and after the 
scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 p.m. until 9:30 p.m. on 
April 7, 2018, and if necessary due to inclement weather, from 8 p.m. 
until 9:30 p.m. on April 8, 2018. The safety zone will cover all 
navigable waters of the Washington Channel within 200 feet of the 
fireworks barge in approximate position latitude 38[deg]52'45.49'' N, 
longitude 077[deg]01'41.06'' W, located at Washington, DC. The duration 
of the safety zone is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 8:30 
p.m. fireworks display. No vessel or person will be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
E.O.s related to rulemaking. Below we summarize our analyses based on a 
number of these statutes and E.O.s, and we discuss First Amendment 
rights of protestors.

A. Regulatory Planning and Review

    E.O. 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. 
E.O. 13771 directs agencies to control regulatory costs through a 
budgeting process. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, this rule has not 
been reviewed by the Office of Management and Budget (OMB), and 
pursuant to OMB guidance it is exempt from the requirements of E.O. 
13771.
    This regulatory action determination is based on the size, 
duration, time-of-year, and time-of-day of the safety zone. Although 
vessel traffic will not be able to safely transit around this safety 
zone, the impact will be for less than 2 hours during the late evening 
when vessel traffic in Washington Channel is normally low. Moreover, 
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, which guides the Coast Guard in complying with the 
National Environmental Policy Act of

[[Page 14369]]

1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone lasting less than 2 hours that will prohibit entry within 
a portion of the Washington Channel. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; and; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T05-0182 to read as follows:


Sec.  165.T05-0182  Safety Zone; Recurring Fireworks Display Within the 
Fifth Coast Guard District.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Washington Channel, within 200 feet of the fireworks 
barge in approximate position latitude 38[deg]52'45.49'' N, longitude 
077[deg]01'41.06'' W, located at Washington, DC. All coordinates refer 
to datum NAD 1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port means the Commander, U.S. Coast Guard 
Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to assist in enforcing the safety 
zone described in paragraph (b) of this section.
    (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 Coast Guard Captain of the Port Maryland-National 
Capital Region. 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 Maryland-
National Capital Region or designated representative. To request 
permission to transit the area, the Captain of the Port Maryland-
National Capital Region 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 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 Maryland-National Capital 
Region 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 8 p.m. 
until 9:30 p.m. on April 7, 2018, and if necessary due to inclement 
weather, from 8 p.m. until 9:30 p.m. on April 8, 2018.

    Dated: March 29, 2018
L. P. Harrison, Jr.,
Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital 
Region.
[FR Doc. 2018-06888 Filed 4-3-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                             Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations                                         14367

                                           DEPARTMENT OF HOMELAND                                  restrictions with waterway users in                   0182 in the ‘‘SEARCH’’ box and click
                                           SECURITY                                                publishing this temporary deviation.                  ‘‘SEARCH.’’ Click on Open Docket
                                                                                                      Vessels able to pass through the                   Folder on the line associated with this
                                           Coast Guard                                             bridge in the closed position may do so               rule.
                                                                                                   at any time. The bridge will not be able              FOR FURTHER INFORMATION CONTACT: If
                                           33 CFR Part 117                                         to open for emergencies and there is no               you have questions on this rule, call or
                                                                                                   immediate alternate route for vessels                 email Mr. Ronald Houck, Sector
                                           [Docket No. USCG–2018–0271]                             unable to pass through the bridge in the              Maryland-National Capital Region
                                                                                                   closed position. The Coast Guard will                 Waterways Management Division, U.S.
                                           Drawbridge Operation Regulation;                        also inform the users of the waterways                Coast Guard; telephone 410–576–2674,
                                           Barnegat Bay, New Jersey Intracoastal                   through our Local and Broadcast Notice                email Ronald.L.Houck@uscg.mil.
                                           Waterway, Seaside Heights, NJ                           to Mariners of the change in operating                SUPPLEMENTARY INFORMATION:
                                                                                                   schedule for the bridge so that vessel
                                           AGENCY: Coast Guard, DHS.                               operators can arrange their transits to               I. Table of Abbreviations
                                           ACTION:Notice of deviation from                         minimize any impact caused by this
                                           drawbridge regulation.                                                                                        CFR Code of Federal Regulations
                                                                                                   temporary deviation.                                  COTP Captain of the Port
                                                                                                      In accordance with 33 CFR 117.35(e),               DHS Department of Homeland Security
                                           SUMMARY:   The Coast Guard has issued a                 the drawbridge must return to its regular
                                           temporary deviation from the operating                                                                        E.O. Executive Order
                                                                                                   operating schedule immediately at the                 FR Federal Register
                                           schedule that governs the U.S. Route 37                 end of this effective period of this                  NPRM Notice of proposed rulemaking
                                           (Mathis) Bridge across the Barnegat Bay,                temporary deviation. This deviation                   § Section
                                           New Jersey Intracoastal Waterway, mile                  from the operating regulations is                     U.S.C. United States Code
                                           14.1, at Seaside Heights, NJ. The                       authorized under 33 CFR 117.35.
                                           deviation is necessary to facilitate                                                                          II. Background Information and
                                           routine maintenance. This deviation                       Dated: March 30, 2018.                              Regulatory History
                                           allows the bridge to remain in the                      Hal R. Pitts,                                            On January 9, 2018, and February 2,
                                           closed-to-navigation position.                          Bridge Program Manager, Fifth Coast Guard             2018, the Coast Guard was notified by
                                           DATES: This deviation is effective
                                                                                                   District.                                             the event sponsor that a change of
                                           without actual notice from April 4, 2018                [FR Doc. 2018–06811 Filed 4–3–18; 8:45 am]            location was necessary to that currently
                                           through 8 p.m. on April 16, 2018. For                   BILLING CODE 9110–04–P                                listed for the annually scheduled
                                           the purposes of enforcement, actual                                                                           National Cherry Blossom Festival
                                           notice will be used from 12:01 a.m. on                                                                        fireworks display in 33 CFR 165.506.
                                           April 1, 2018 until April 4, 2018.                      DEPARTMENT OF HOMELAND                                Entry (b)(1) in the Table to 33 CFR
                                                                                                   SECURITY                                              165.506 for Recurring Fireworks
                                           ADDRESSES: The docket for this
                                                                                                                                                         Displays within the Fifth Coast Guard
                                           deviation, [USCG–2018–0271] is                          Coast Guard                                           District specifies the location of the
                                           available at http://www.regulations.gov.
                                                                                                                                                         regulated area for this safety zone as a
                                           Type the docket number in the                           33 CFR Part 165                                       circular shaped area that includes all
                                           ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                                                                                   [Docket Number USCG–2018–0182]                        waters of the Upper Potomac River,
                                           Click on Open Docket Folder on the line
                                                                                                                                                         within 170 yard radius of the fireworks
                                           associated with this deviation.                         RIN 1625–AA00                                         barge in approximate position latitude
                                           FOR FURTHER INFORMATION CONTACT: If                                                                           38°52′20.3″ N, longitude 077°01′17.5″
                                           you have questions on this temporary                    Safety Zone; Recurring Fireworks
                                                                                                   Display Within the Fifth Coast Guard                  W, located within the Washington
                                           deviation, call or email Mr. Mickey                                                                           Channel, at Washington Harbor, DC.
                                           Sanders, Bridge Administration Branch                   District
                                                                                                                                                         The location of the fireworks display for
                                           Fifth District, Coast Guard; telephone                  AGENCY:    Coast Guard, DHS.                          this year is changed approximately
                                           (757) 398–6587, email                                   ACTION:   Temporary final rule.                       1,000 yards upstream and its size is
                                           Mickey.D.Sanders2@uscg.mil.                                                                                   reduced, to include all waters of the
                                           SUPPLEMENTARY INFORMATION: The New                      SUMMARY:   The Coast Guard is                         Washington Channel within 200 feet of
                                           Jersey Department of Transportation,                    establishing a temporary safety zone for              the fireworks barge in approximate
                                           owner and operator of the U.S. Route 37                 certain waters of the Upper Potomac                   position latitude 38°52′45.49″ N,
                                           (Mathis) Bridge across the Barnegat Bay,                River. This action is necessary to                    longitude 077°01′41.06″ W, located in
                                           New Jersey Intracoastal Waterway, mile                  provide for the safety of life on                     Washington, DC. Hazards from
                                           14.1, at Seaside Heights, NJ, has                       navigable waters during the National                  fireworks displays include accidental
                                           requested a temporary deviation from                    Cherry Blossom Festival fireworks                     discharge of fireworks, dangerous
                                           the current operating schedule to                       display in the Washington Channel,                    projectiles, and falling hot embers or
                                           accommodate routine maintenance.                        Washington, DC, on April 7, 2018. This                other debris. The COTP has determined
                                           Under this temporary deviation, the                     rulemaking will prohibit persons and                  that potential hazards associated with
                                           bridge will be maintained in the closed-                vessels from entering the safety zone                 the fireworks to be used in this display
                                           to-navigation position from 12:01 a.m.                  unless authorized by the Captain of the               would be a safety concern for anyone
                                           on April 1, 2018, to 8 p.m. on April 16,                Port Maryland-National Capital Region                 within 200 feet of the fireworks barge.
                                           2018. The current operating schedule is                 or a designated representative.                          The Coast Guard is issuing this
                                           set out in 33 CFR 117.733(c).                           DATES: This rule is effective from 8 p.m.             temporary rule without prior notice and
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                                              The Barnegat Bay, New Jersey                         on April 7, 2018 through 9:30 p.m. on                 opportunity to comment pursuant to
                                           Intracoastal Waterway is used by a                      April 8, 2018.                                        authority under section 4(a) of the
                                           variety of vessels including small                      ADDRESSES: To view documents                          Administrative Procedure Act (APA) (5
                                           commercial vessels, recreational vessels                mentioned in this preamble as being                   U.S.C. 553(b)). This provision
                                           and tug and barge traffic. The Coast                    available in the docket, go to http://                authorizes an agency to issue a rule
                                           Guard has carefully considered the                      www.regulations.gov, type USCG–2018–                  without prior notice and opportunity to


                                      VerDate Sep<11>2014   16:41 Apr 03, 2018   Jkt 244001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\04APR1.SGM   04APR1


                                           14368             Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations

                                           comment when the agency for good                        regulation is necessary, to select                    annually and rates each agency’s
                                           cause finds that those procedures are                   regulatory approaches that maximize                   responsiveness to small business. If you
                                           ‘‘impracticable, unnecessary, or contrary               net benefits. E.O. 13771 directs agencies             wish to comment on actions by
                                           to the public interest.’’ Under 5 U.S.C.                to control regulatory costs through a                 employees of the Coast Guard, call 1–
                                           553(b)(B), the Coast Guard finds that                   budgeting process. This rule has not                  888–REG–FAIR (1–888–734–3247). The
                                           good cause exists for not publishing a                  been designated a ‘‘significant                       Coast Guard will not retaliate against
                                           notice of proposed rulemaking (NPRM)                    regulatory action,’’ under E.O. 12866.                small entities that question or complain
                                           with respect to this rule because it is                 Accordingly, this rule has not been                   about this rule or any policy or action
                                           impracticable to provide a sufficient                   reviewed by the Office of Management                  of the Coast Guard.
                                           comment period and maintain the event                   and Budget (OMB), and pursuant to
                                                                                                   OMB guidance it is exempt from the                    C. Collection of Information
                                           as scheduled for April 7, 2018.
                                              Under 5 U.S.C. 553(d)(3), the Coast                  requirements of E.O. 13771.                             This rule will not call for a new
                                           Guard finds that good cause exists for                     This regulatory action determination               collection of information under the
                                           making this rule effective less than 30                 is based on the size, duration, time-of-              Paperwork Reduction Act of 1995 (44
                                           days after publication in the Federal                   year, and time-of-day of the safety zone.             U.S.C. 3501–3520).
                                           Register. Delaying the effective date of                Although vessel traffic will not be able
                                                                                                   to safely transit around this safety zone,            D. Federalism and Indian Tribal
                                           this rule would be contrary to public                                                                         Governments
                                           interest because immediate action is                    the impact will be for less than 2 hours
                                           needed to respond to the potential                      during the late evening when vessel                      A rule has implications for federalism
                                           safety hazards associated with a                        traffic in Washington Channel is                      under E.O. 13132, Federalism, if it has
                                           fireworks display.                                      normally low. Moreover, the Coast                     a substantial direct effect on the States,
                                                                                                   Guard will issue a Broadcast Notice to                on the relationship between the national
                                           III. Legal Authority and Need for Rule                  Mariners via VHF–FM marine channel                    government and the States, or on the
                                              The Coast Guard is issuing this rule                 16 about the zone.                                    distribution of power and
                                           under authority in 33 U.S.C. 1231. The                                                                        responsibilities among the various
                                                                                                   B. Impact on Small Entities
                                           COTP has determined that potential                                                                            levels of government. We have analyzed
                                           hazards associated with the fireworks to                   The Regulatory Flexibility Act of                  this rule under that Order and have
                                           be used in this April 7, 2018 display                   1980, 5 U.S.C. 601–612, as amended,                   determined that it is consistent with the
                                           will be a safety concern for anyone on                  requires Federal agencies to consider                 fundamental federalism principles and
                                           the Washington Channel near The                         the potential impact of regulations on                preemption requirements described in
                                           Wharf DC. The purpose of this                           small entities during rulemaking. The                 E.O. 13132.
                                           rulemaking is to ensure the safety of                   term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                           vessels and the navigable waters in the                 businesses, not-for-profit organizations              implications under E.O. 13175,
                                           safety zone before, during, and after the               that are independently owned and                      Consultation and Coordination with
                                           scheduled event.                                        operated and are not dominant in their                Indian Tribal Governments, because it
                                                                                                   fields, and governmental jurisdictions                does not have a substantial direct effect
                                           IV. Discussion of the Rule                              with populations of less than 50,000.                 on one or more Indian tribes, on the
                                              This rule establishes a safety zone                  The Coast Guard certifies under 5 U.S.C.              relationship between the Federal
                                           from 8 p.m. until 9:30 p.m. on April 7,                 605(b) that this rule will not have a                 Government and Indian tribes, or on the
                                           2018, and if necessary due to inclement                 significant economic impact on a                      distribution of power and
                                           weather, from 8 p.m. until 9:30 p.m. on                 substantial number of small entities.                 responsibilities between the Federal
                                           April 8, 2018. The safety zone will cover                  While some owners or operators of                  Government and Indian tribes. If you
                                           all navigable waters of the Washington                  vessels intending to transit the safety               believe this rule has implications for
                                           Channel within 200 feet of the fireworks                zone may be small entities, for the                   federalism or Indian tribes, please
                                           barge in approximate position latitude                  reasons stated in section V.A above, this             contact the person listed in the FOR
                                           38°52′45.49″ N, longitude 077°01′41.06″                 rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                           W, located at Washington, DC. The                       economic impact on any vessel owner                   above.
                                           duration of the safety zone is intended                 or operator.
                                                                                                      Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                           to ensure the safety of vessels and these
                                           navigable waters before, during, and                    Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                           after the scheduled 8:30 p.m. fireworks                 Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                           display. No vessel or person will be                    we want to assist small entities in                   Federal agencies to assess the effects of
                                           permitted to enter the safety zone                      understanding this rule. If the rule                  their discretionary regulatory actions. In
                                           without obtaining permission from the                   would affect your small business,                     particular, the Act addresses actions
                                           COTP or a designated representative.                    organization, or governmental                         that may result in the expenditure by a
                                                                                                   jurisdiction and you have questions                   State, local, or tribal government, in the
                                           V. Regulatory Analyses                                  concerning its provisions or options for              aggregate, or by the private sector of
                                             We developed this rule after                          compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                           considering numerous statutes and                       listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                           E.O.s related to rulemaking. Below we                   CONTACT section.                                      will not result in such an expenditure,
                                           summarize our analyses based on a                          Small businesses may send comments                 we do discuss the effects of this rule
                                           number of these statutes and E.O.s, and                 on the actions of Federal employees                   elsewhere in this preamble.
                                           we discuss First Amendment rights of                    who enforce, or otherwise determine
amozie on DSK30RV082PROD with RULES




                                                                                                   compliance with, Federal regulations to               F. Environment
                                           protestors.
                                                                                                   the Small Business and Agriculture                      We have analyzed this rule under
                                           A. Regulatory Planning and Review                       Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                             E.O. 12866 and 13563 direct agencies                  and the Regional Small Business                       Directive 023–01, which guides the
                                           to assess the costs and benefits of                     Regulatory Fairness Boards. The                       Coast Guard in complying with the
                                           available regulatory alternatives and, if               Ombudsman evaluates these actions                     National Environmental Policy Act of


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                                                             Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations                                        14369

                                           1969 (42 U.S.C. 4321–4370f), and have                   authorized by the Captain of the Port                 POSTAL SERVICE
                                           determined that this action is one of a                 Maryland-National Capital Region to
                                           category of actions that do not                         assist in enforcing the safety zone                   39 CFR Part 111
                                           individually or cumulatively have a                     described in paragraph (b) of this
                                           significant effect on the human                                                                               Green & Secure
                                                                                                   section.
                                           environment. This rule involves a safety                                                                      AGENCY:    Postal ServiceTM.
                                                                                                      (c) Regulations. The general safety
                                           zone lasting less than 2 hours that will                                                                      ACTION:   Final rule.
                                                                                                   zone regulations found in 33 CFR 165
                                           prohibit entry within a portion of the
                                           Washington Channel. It is categorically                 subpart C apply to the safety zone
                                                                                                                                                         SUMMARY:   The Postal Service is
                                           excluded from further review under                      created by this section.                              amending Mailing Standards of the
                                           paragraph L60(a) of Appendix A, Table                      (1) All persons are required to comply             United States Postal Service, Domestic
                                           1 of DHS Instruction Manual 023–01–                     with the general regulations governing                Mail Manual (DMM®) to add Green &
                                           001–01, Rev. 01. A Record of                            safety zones found in 33 CFR 165.23.                  Secure as an Address Change Service
                                           Environmental Consideration                                (2) Entry into or remaining in this                option utilizing existing Change Service
                                           supporting this determination is                        zone is prohibited unless authorized by               Requested Service Type ID’s (STID).
                                           available in the docket where indicated                 the Coast Guard Captain of the Port                   DATES: Effective: April 4, 2018.
                                           under ADDRESSES.                                        Maryland-National Capital Region. All                 FOR FURTHER INFORMATION CONTACT:
                                           G. Protest Activities                                   vessels underway within this safety                   Heather Dyer at (207) 482–7217 or
                                                                                                   zone at the time it is implemented are                Jacqueline Erwin at (202) 268–2158.
                                             The Coast Guard respects the First
                                           Amendment rights of protesters.                         to depart the zone.                                   SUPPLEMENTARY INFORMATION:
                                           Protesters are asked to contact the                        (3) Persons desiring to transit the area           Background
                                           person listed in the FOR FURTHER                        of the safety zone must first obtain                     The Postal Service published a notice
                                           INFORMATION CONTACT section to                          authorization from the Captain of the                 of proposed rulemaking on January 9,
                                           coordinate protest activities so that your              Port Maryland-National Capital Region                 2018, (83 FR 995–997) to amend the
                                           message can be received without                         or designated representative. To request              DMM to add a new alternative Move
                                           jeopardizing the safety or security of                  permission to transit the area, the                   Update method, Green & Secure, for
                                           people, places or vessels.                              Captain of the Port Maryland-National                 mailers who enter eligible letter- and
                                           List of Subjects in 33 CFR Part 165                     Capital Region and or designated                      flat-size pieces of First-Class Mail® and
                                                                                                   representatives can be contacted at                   USPS Marketing Mail® (formerly
                                             Harbors, Marine safety, Navigation
                                           (water), Reporting and recordkeeping
                                                                                                   telephone number 410–576–2693 or on                   Standard Mail®) that meet the
                                                                                                   Marine Band Radio VHF–FM channel                      requirements for presort, Basic
                                           requirements, Security measures,
                                           Waterways.                                              16 (156.8 MHz). The Coast Guard                       automation, or Full-Service automation
                                             For the reasons discussed in the                      vessels enforcing this section can be                 mailings.
                                           preamble, the Coast Guard amends 33                     contacted on Marine Band Radio VHF–                      The Postal Service received many
                                           CFR part 165 as follows:                                FM channel 16 (156.8 MHz). Upon                       insightful comments and questions from
                                                                                                   being hailed by a U.S. Coast Guard                    the mailing community in response to
                                           PART 165—REGULATED NAVIGATION                           vessel, or other Federal, State, or local             the proposed rule of January 9, 2018. In
                                           AREAS AND LIMITED ACCESS AREAS                          agency vessel, by siren, radio, flashing              response to those comments, the Postal
                                                                                                   light, or other means, the operator of a              Service incorporates the following
                                           ■ 1. The authority citation for part 165                vessel shall proceed as directed. If                  changes into this final rule, and notes
                                           continues to read as follows:                           permission is granted, all persons and                that aside from these changes, Green &
                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191,             vessels must comply with the                          Secure has not changed in substance
                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     from the proposed rule of January 9,
                                                                                                   instructions of the Captain of the Port
                                           and; Department of Homeland Security                                                                          2018:
                                                                                                   Maryland-National Capital Region or                      D The comments revealed that
                                           Delegation No. 0170.1.
                                                                                                   designated representative and proceed                 adding Green & Secure as an Alternative
                                           ■ 2. Add § 165.T05–0182 to read as                      as directed while within the zone.
                                           follows:                                                                                                      Move Update method in the DMM
                                                                                                      (4) Enforcement officials. The U.S.                caused confusion regarding whether
                                           § 165.T05–0182 Safety Zone; Recurring                   Coast Guard may be assisted in the                    Green & Secure pieces would have to be
                                           Fireworks Display Within the Fifth Coast                patrol and enforcement of the safety                  updated consistent with the Move
                                           Guard District.                                         zone by Federal, State, and local                     Update standard in DMM 602.5.1. The
                                             (a) Location. The following area is a                 agencies.                                             Postal Service, therefore, has recast
                                           safety zone: All navigable waters of the                   (d) Enforcement period. This section               Green & Secure as an option under
                                           Washington Channel, within 200 feet of                                                                        Address Change Service using the
                                                                                                   will be enforced from 8 p.m. until 9:30
                                           the fireworks barge in approximate                                                                            existing Change Service Requested
                                                                                                   p.m. on April 7, 2018, and if necessary
                                           position latitude 38°52′45.49″ N,                                                                             Service Type IDs (STID) to clarify that
                                           longitude 077°01′41.06″ W, located at                   due to inclement weather, from 8 p.m.                 the Move Update standard applies to
                                           Washington, DC. All coordinates refer to                until 9:30 p.m. on April 8, 2018.                     these mailpieces; mailers must continue
                                           datum NAD 1983.                                           Dated: March 29, 2018                               to update their mailing lists using at
                                             (b) Definitions. As used in this                      L. P. Harrison, Jr.,                                  least one of the USPS-approved Move
                                           section:                                                                                                      Update methods listed in DMM 602.5.2.
amozie on DSK30RV082PROD with RULES




                                                                                                   Captain, U.S. Coast Guard Captain of the
                                             (1) Captain of the Port means the                     Port Maryland-National Capital Region.                Accordingly, this final rule includes
                                           Commander, U.S. Coast Guard Sector                      [FR Doc. 2018–06888 Filed 4–3–18; 8:45 am]
                                                                                                                                                         changes to DMM 507.4.2.2 instead of
                                           Maryland-National Capital Region.                                                                             DMM 602.5.2 as had been announced in
                                                                                                   BILLING CODE 9110–04–P
                                             (2) Designated representative means                                                                         the proposed rule.
                                           any Coast Guard commissioned,                                                                                    D Under the forthcoming Address
                                           warrant, or petty officer who has been                                                                        Quality Census Measurement and


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Document Created: 2018-11-01 09:11:07
Document Modified: 2018-11-01 09:11:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8 p.m. on April 7, 2018 through 9:30 p.m. on April 8, 2018.
ContactIf you have questions on this rule, 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 Citation83 FR 14367 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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