83_FR_14449 83 FR 14384 - Safety Zone for Fireworks Display; Severn River, Sherwood Forest, MD

83 FR 14384 - Safety Zone for Fireworks Display; Severn River, Sherwood Forest, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range14384-14386
FR Document2018-06851

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Severn River. This action is necessary to provide for the safety of life on the navigable waters of the Severn River at Sherwood Forest, MD, during a fireworks display on July 3, 2018 (with alternate date of July 6, 2018). This action 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 83 Issue 65 (Wednesday, April 4, 2018)
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Proposed Rules]
[Pages 14384-14386]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06851]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0157]
RIN 1625-AA00


Safety Zone for Fireworks Display; Severn River, Sherwood Forest, 
MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of the Severn River. This action is necessary to 
provide for the safety of life on the navigable waters of the Severn 
River at Sherwood Forest, MD, during a fireworks display on July 3, 
2018 (with alternate date of July 6, 2018). This action 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 May 4, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0157 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. Ron Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast 
Guard; telephone 410-576-2674, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    On January 16, 2018, the Sherwood Forest Club, Inc. of Sherwood 
Forest, MD notified the Coast Guard that it will be conducting a 
fireworks display from 9:20 p.m. to 9:50 p.m. on July 3, 2018, to 
commemorate the July 4th Holiday. Details of the proposed event were 
provided to the Coast Guard on February 15, 2018. The private fireworks 
display is to be launched from the end of the Sherwood Forest Club main 
pier, located adjacent to the Severn River, approximately 200 yards 
east of Brewer Pond in Sherwood Forest, MD. In the event of inclement 
weather, the fireworks display will be scheduled for July 6, 2018. 
Hazards from fireworks displays include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris. The COTP Maryland-National Capital Region has determined that 
potential hazards associated with the fireworks to be used in this 
display would be a safety concern for anyone within 150 yards of the 
fireworks discharge site.
    The purpose of this rulemaking is to ensure the safety of persons 
and vessels on the navigable waters of the Severn River within 150 
yards of the fireworks discharge site 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 8:30 p.m. to 
10:30 p.m. on July 3, 2018, and if necessary due to inclement weather, 
from 8:30 p.m. to 10:30 p.m. on July 6, 2018. The safety zone would 
cover all navigable waters of the Severn River, within 150 yards of a 
fireworks discharge site located at the end of Sherwood Forest Club 
main pier in approximate position latitude 39[deg]01'54.0'' N, 
longitude 076[deg]32'41.8'' W, Sherwood Forest, MD. The duration of the 
zone is intended to ensure the safety of persons and vessels on the 
specified navigable waters before, during, and after the scheduled 9:20 
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 size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone, which would 
impact a small designated area of the Severn River for 2 hours during 
the evening when vessel traffic is normally low. The Coast Guard will 
issue a Broadcast Notice to Mariners via VHF-FM marine band channel 16 
to provide information about the safety 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.

[[Page 14385]]

    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.

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 Directive 023-01, which guides 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 2 hours that would prohibit vessel 
movement within a portion of the Severn River. Normally such actions 
are 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 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 website'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.  [thinsp]165.T05-0157 to read as follows:


Sec.  [thinsp]165.T05-0157   Safety Zone for Fireworks Display; Severn 
River, Sherwood Forest, MD.

    (a) Location. The following area is a safety zone: All waters of 
the Severn River, within 150 yards of a fireworks discharge site 
located at the end of Sherwood Forest Club main pier in approximate 
position latitude 39[deg]01'54.0'' N, longitude 076[deg]32'41.8'' W, 
located at Sherwood Forest, MD. All coordinates refer to datum NAD 
1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port Maryland-National Capital Region 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 enforcement of the 
safety zone described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 33 
CFR part 165, subpart C apply to the safety zone created by this 
section.

[[Page 14386]]

    (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 safety 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 shall 
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 to 
enter the safety zone, all persons and vessels shall 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 zone by Federal, State, and local 
agencies.
    (d) Enforcement period. This section will be enforced from 8:30 
p.m. to 10:30 p.m. on July 3, 2018, and if necessary due to inclement 
weather, from 8:30 p.m. to 10:30 p.m. on July 6, 2018.

    Dated: March 29, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-06851 Filed 4-3-18; 8:45 am]
 BILLING CODE 9110-04-P



                                               14384                   Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules

                                                 Dated: March 29, 2018.                                U.S.C.    United States Code                           Below we summarize our analyses
                                               Lonnie P. Harrison, Jr.,                                II. Background, Purpose, and Legal                     based on a number of these statutes and
                                               Captain, U.S. Coast Guard, Captain of the               Basis                                                  Executive orders and we discuss First
                                               Port Maryland-National Capital Region.                                                                         Amendment rights of protestors.
                                               [FR Doc. 2018–06845 Filed 4–3–18; 8:45 am]
                                                                                                          On January 16, 2018, the Sherwood
                                                                                                       Forest Club, Inc. of Sherwood Forest,                  A. Regulatory Planning and Review
                                               BILLING CODE 9110–04–P
                                                                                                       MD notified the Coast Guard that it will                  Executive Orders 12866 and 13563
                                                                                                       be conducting a fireworks display from                 direct agencies to assess the costs and
                                               DEPARTMENT OF HOMELAND                                  9:20 p.m. to 9:50 p.m. on July 3, 2018,                benefits of available regulatory
                                               SECURITY                                                to commemorate the July 4th Holiday.                   alternatives and, if regulation is
                                                                                                       Details of the proposed event were                     necessary, to select regulatory
                                               Coast Guard                                             provided to the Coast Guard on                         approaches that maximize net benefits.
                                                                                                       February 15, 2018. The private                         Executive Order 13771 directs agencies
                                               33 CFR Part 165                                         fireworks display is to be launched from               to control regulatory costs through a
                                                                                                       the end of the Sherwood Forest Club                    budgeting process. This NPRM has not
                                               [Docket Number USCG–2018–0157]
                                                                                                       main pier, located adjacent to the                     been designated a ‘‘significant
                                               RIN 1625–AA00                                           Severn River, approximately 200 yards                  regulatory action,’’ under Executive
                                                                                                       east of Brewer Pond in Sherwood                        Order 12866. Accordingly, the NPRM
                                               Safety Zone for Fireworks Display;                      Forest, MD. In the event of inclement                  has not been reviewed by the Office of
                                               Severn River, Sherwood Forest, MD                       weather, the fireworks display will be                 Management and Budget (OMB), and
                                               AGENCY:   Coast Guard, DHS.                             scheduled for July 6, 2018. Hazards                    pursuant to OMB guidance it is exempt
                                                                                                       from fireworks displays include                        from the requirements of Executive
                                               ACTION:   Notice of proposed rulemaking.
                                                                                                       accidental discharge of fireworks,                     Order 13771.
                                               SUMMARY:    The Coast Guard proposes to                 dangerous projectiles, and falling hot                    This regulatory action determination
                                               establish a temporary safety zone for                   embers or other debris. The COTP                       is based on the size, location, duration,
                                               certain waters of the Severn River. This                Maryland-National Capital Region has                   and time-of-day of the safety zone.
                                               action is necessary to provide for the                  determined that potential hazards                      Vessel traffic will be able to safely
                                               safety of life on the navigable waters of               associated with the fireworks to be used               transit around this safety zone, which
                                               the Severn River at Sherwood Forest,                    in this display would be a safety                      would impact a small designated area of
                                               MD, during a fireworks display on July                  concern for anyone within 150 yards of                 the Severn River for 2 hours during the
                                               3, 2018 (with alternate date of July 6,                 the fireworks discharge site.                          evening when vessel traffic is normally
                                               2018). This action would prohibit                          The purpose of this rulemaking is to
                                                                                                                                                              low. The Coast Guard will issue a
                                               persons and vessels from entering the                   ensure the safety of persons and vessels
                                                                                                                                                              Broadcast Notice to Mariners via VHF–
                                               safety zone unless authorized by the                    on the navigable waters of the Severn
                                                                                                                                                              FM marine band channel 16 to provide
                                               Captain of the Port Maryland-National                   River within 150 yards of the fireworks
                                                                                                                                                              information about the safety zone.
                                               Capital Region or a designated                          discharge site before, during, and after
                                               representative. We invite your                          the scheduled event. The Coast Guard                   B. Impact on Small Entities
                                               comments on this proposed rulemaking.                   proposes this rulemaking under                            The Regulatory Flexibility Act of
                                               DATES: Comments and related material
                                                                                                       authority in 33 U.S.C. 1231.                           1980, 5 U.S.C. 601–612, as amended,
                                               must be received by the Coast Guard on                  III. Discussion of Proposed Rule                       requires Federal agencies to consider
                                               or before May 4, 2018.                                     The COTP proposes to establish a                    the potential impact of regulations on
                                               ADDRESSES: You may submit comments                      safety zone from 8:30 p.m. to 10:30 p.m.               small entities during rulemaking. The
                                               identified by docket number USCG–                       on July 3, 2018, and if necessary due to               term ‘‘small entities’’ comprises small
                                               2018–0157 using the Federal                             inclement weather, from 8:30 p.m. to                   businesses, not-for-profit organizations
                                               eRulemaking Portal at http://                           10:30 p.m. on July 6, 2018. The safety                 that are independently owned and
                                               www.regulations.gov. See the ‘‘Public                   zone would cover all navigable waters                  operated and are not dominant in their
                                               Participation and Request for                           of the Severn River, within 150 yards of               fields, and governmental jurisdictions
                                               Comments’’ portion of the                               a fireworks discharge site located at the              with populations of less than 50,000.
                                               SUPPLEMENTARY INFORMATION section for                   end of Sherwood Forest Club main pier                  The Coast Guard certifies under 5 U.S.C.
                                               further instructions on submitting                      in approximate position latitude                       605(b) that this proposed rule would not
                                               comments.                                               39°01′54.0″ N, longitude 076°32′41.8″                  have a significant economic impact on
                                               FOR FURTHER INFORMATION CONTACT: If                     W, Sherwood Forest, MD. The duration                   a substantial number of small entities.
                                               you have questions about this proposed                  of the zone is intended to ensure the                     While some owners or operators of
                                               rulemaking, call or email Mr. Ron                       safety of persons and vessels on the                   vessels intending to transit the safety
                                               Houck, Sector Maryland-National                         specified navigable waters before,                     zone may be small entities, for the
                                               Capital Region Waterways Management                     during, and after the scheduled 9:20                   reasons stated in section IV.A above,
                                               Division, U.S. Coast Guard; telephone                   p.m. fireworks display. No vessel or                   this proposed rule would not have a
                                               410–576–2674, email Ronald.L.Houck@                     person would be permitted to enter the                 significant economic impact on any
                                               uscg.mil.                                               safety zone without obtaining                          vessel owner or operator.
                                                                                                       permission from the COTP or a                             If you think that your business,
                                               SUPPLEMENTARY INFORMATION:
amozie on DSK30RV082PROD with PROPOSALS




                                                                                                       designated representative. The                         organization, or governmental
                                               I. Table of Abbreviations                               regulatory text we are proposing appears               jurisdiction qualifies as a small entity
                                                                                                       at the end of this document.                           and that this rule would have a
                                               CFR Code of Federal Regulations
                                               COTP Captain of the Port
                                                                                                                                                              significant economic impact on it,
                                                                                                       IV. Regulatory Analyses                                please submit a comment (see
                                               DHS Department of Homeland Security
                                               FR Federal Register                                       We developed this proposed rule after                ADDRESSES) explaining why you think it
                                               NPRM Notice of proposed rulemaking                      considering numerous statutes and                      qualifies and how and to what degree
                                               § Section                                               Executive orders related to rulemaking.                this rule would economically affect it.


                                          VerDate Sep<11>2014   17:08 Apr 03, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\04APP1.SGM   04APP1


                                                                       Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules                                            14385

                                                  Under section 213(a) of the Small                    effects of this rule elsewhere in this                 www.regulations.gov and will include
                                               Business Regulatory Enforcement                         preamble.                                              any personal information you have
                                               Fairness Act of 1996 (Pub. L. 104–121),                                                                        provided. For more about privacy and
                                                                                                       F. Environment
                                               we want to assist small entities in                                                                            the docket, visit http://
                                               understanding this proposed rule. If the                  We have analyzed this proposed rule                  www.regulations.gov/privacyNotice.
                                               rule would affect your small business,                  under Department of Homeland                             Documents mentioned in this NPRM
                                               organization, or governmental                           Security Directive 023–01, which guides                as being available in the docket, and all
                                               jurisdiction and you have questions                     the Coast Guard in complying with the                  public comments, will be in our online
                                               concerning its provisions or options for                National Environmental Policy Act of                   docket at http://www.regulations.gov
                                               compliance, please contact the person                   1969 (42 U.S.C. 4321–4370f), and have                  and can be viewed by following that
                                               listed in the FOR FURTHER INFORMATION                   made a preliminary determination that                  website’s instructions. Additionally, if
                                               CONTACT section. The Coast Guard will                   this action is one of a category of actions            you go to the online docket and sign up
                                               not retaliate against small entities that               that do not individually or cumulatively               for email alerts, you will be notified
                                               question or complain about this                         have a significant effect on the human                 when comments are posted or a final
                                               proposed rule or any policy or action of                environment. This proposed rule                        rule is published.
                                               the Coast Guard.                                        involves a safety zone lasting 2 hours
                                                                                                       that would prohibit vessel movement                    List of Subjects in 33 CFR Part 165
                                               C. Collection of Information                            within a portion of the Severn River.                    Harbors, Marine safety, Navigation
                                                 This proposed rule would not call for                 Normally such actions are categorically                (water), Reporting and recordkeeping
                                               a new collection of information under                   excluded from further review under                     requirements, Security measures,
                                               the Paperwork Reduction Act of 1995                     paragraph L60(a) of Appendix A, Table                  Waterways.
                                               (44 U.S.C. 3501–3520).                                  1 of DHS Instruction Manual 023–01–
                                                                                                       001–01, Rev. 01. A preliminary Record                    For the reasons discussed in the
                                               D. Federalism and Indian Tribal                                                                                preamble, the Coast Guard proposes to
                                               Governments                                             of Environmental Consideration
                                                                                                       supporting this determination is                       amend 33 CFR part 165 as follows:
                                                  A rule has implications for federalism               available in the docket where indicated
                                               under Executive Order 13132,                            under ADDRESSES. We seek any                           PART 165—REGULATED NAVIGATION
                                               Federalism, if it has a substantial direct              comments or information that may lead                  AREAS AND LIMITED ACCESS AREAS
                                               effect on the States, on the relationship               to the discovery of a significant
                                               between the national government and                                                                            ■ 1. The authority citation for part 165
                                                                                                       environmental impact from this
                                               the States, or on the distribution of                                                                          continues to read as follows:
                                                                                                       proposed rule.
                                               power and responsibilities among the                                                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                               various levels of government. We have                   G. Protest Activities                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                               analyzed this proposed rule under that                    The Coast Guard respects the First                   Department of Homeland Security Delegation
                                               Order and have determined that it is                    Amendment rights of protesters.                        No. 0170.1.
                                               consistent with the fundamental                         Protesters are asked to contact the                    ■ 2. Add § 165.T05–0157 to read as
                                               federalism principles and preemption                    person listed in the FOR FURTHER                       follows:
                                               requirements described in Executive                     INFORMATION CONTACT section to
                                               Order 13132.                                            coordinate protest activities so that your             § 165.T05–0157 Safety Zone for Fireworks
                                                  Also, this proposed rule does not have               message can be received without                        Display; Severn River, Sherwood Forest,
                                               tribal implications under Executive                     jeopardizing the safety or security of                 MD.
                                               Order 13175, Consultation and                           people, places, or vessels.                              (a) Location. The following area is a
                                               Coordination with Indian Tribal                                                                                safety zone: All waters of the Severn
                                               Governments, because it would not have                  V. Public Participation and Request for
                                                                                                       Comments                                               River, within 150 yards of a fireworks
                                               a substantial direct effect on one or                                                                          discharge site located at the end of
                                               more Indian tribes, on the relationship                    We view public participation as                     Sherwood Forest Club main pier in
                                               between the Federal Government and                      essential to effective rulemaking, and                 approximate position latitude
                                               Indian tribes, or on the distribution of                will consider all comments and material                39°01′54.0″ N, longitude 076°32′41.8″
                                               power and responsibilities between the                  received during the comment period.                    W, located at Sherwood Forest, MD. All
                                               Federal Government and Indian tribes.                   Your comment can help shape the                        coordinates refer to datum NAD 1983.
                                               If you believe this proposed rule has                   outcome of this rulemaking. If you                       (b) Definitions. As used in this
                                               implications for federalism or Indian                   submit a comment, please include the                   section:
                                               tribes, please contact the person listed                docket number for this rulemaking,
                                                                                                                                                                (1) Captain of the Port Maryland-
                                               in the FOR FURTHER INFORMATION                          indicate the specific section of this
                                                                                                                                                              National Capital Region means the
                                               CONTACT section.                                        document to which each comment
                                                                                                                                                              Commander, U.S. Coast Guard Sector
                                                                                                       applies, and provide a reason for each
                                               E. Unfunded Mandates Reform Act                                                                                Maryland-National Capital Region.
                                                                                                       suggestion or recommendation.
                                                 The Unfunded Mandates Reform Act                         We encourage you to submit                            (2) Designated representative means
                                               of 1995 (2 U.S.C. 1531–1538) requires                   comments through the Federal                           any Coast Guard commissioned,
                                               Federal agencies to assess the effects of               eRulemaking Portal at http://                          warrant, or petty officer who has been
                                               their discretionary regulatory actions. In              www.regulations.gov. If your material                  authorized by the Captain of the Port
                                                                                                                                                              Maryland-National Capital Region to
amozie on DSK30RV082PROD with PROPOSALS




                                               particular, the Act addresses actions                   cannot be submitted using http://
                                               that may result in the expenditure by a                 www.regulations.gov, contact the person                assist in enforcement of the safety zone
                                               State, local, or tribal government, in the              in the FOR FURTHER INFORMATION                         described in paragraph (a) of this
                                               aggregate, or by the private sector of                  CONTACT section of this document for                   section.
                                               $100,000,000 (adjusted for inflation) or                alternate instructions.                                  (c) Regulations. The general safety
                                               more in any one year. Though this                          We accept anonymous comments. All                   zone regulations found in 33 CFR part
                                               proposed rule would not result in such                  comments received will be posted                       165, subpart C apply to the safety zone
                                               an expenditure, we do discuss the                       without change to http://                              created by this section.


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                                               14386                   Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Proposed Rules

                                                  (1) All persons are required to comply               ACTION:   Proposed rule.                               is in response to EPA’s final 2008 8-
                                               with the general regulations governing                                                                         hour ozone NAAQS Findings of Failure
                                               safety zones found in 33 CFR 165.23.                    SUMMARY:   The Environmental Protection                to Submit for NNSR requirements. See
                                                  (2) Entry into or remaining in this                  Agency (EPA) is proposing to approve a                 82 FR 9158 (February 3, 2017).
                                               safety zone is prohibited unless                        revision to the Commonwealth of                        Specifically, Virginia is certifying that
                                               authorized by the Coast Guard Captain                   Virginia’s state implementation plan                   its existing NNSR program, covering the
                                               of the Port Maryland-National Capital                   (SIP). The revision is in response to                  Washington, DC nonattainment area
                                               Region. All vessels underway within                     EPA’s February 3, 2017 Findings of                     (which includes Alexandria City,
                                               this safety zone at the time it is                      Failure to Submit for various                          Arlington County, Fairfax County,
                                               implemented are to depart the zone.                     requirements relating to the 2008 8-hour               Fairfax City, Falls Church City,
                                                  (3) Persons desiring to transit the area             ozone national ambient air quality                     Loudoun County, Manassas City,
                                               of the safety zone shall obtain                         standards (NAAQS). This SIP revision is                Manassas Park City, and Prince William
                                               authorization from the Captain of the                   specific to nonattainment new source                   County in Virginia) (hereafter,
                                               Port Maryland-National Capital Region                   review (NNSR) requirements. EPA is                     Washington, DC Nonattainment Area)
                                               or designated representative. To request                proposing to approve this revision in                  for the 2008 8-hour ozone NAAQS, is at
                                               permission to transit the area, the                     accordance with the requirements of the                least as stringent as the requirements at
                                               Captain of the Port Maryland-National                   Clean Air Act (CAA).                                   40 CFR 51.165, as amended by the final
                                               Capital Region and or designated                        DATES: Written comments must be                        rule titled ‘‘Implementation of the 2008
                                               representatives can be contacted at                     received on or before May 4, 2018.                     National Ambient Air Quality Standards
                                               telephone number 410–576–2693 or on                     ADDRESSES: Submit your comments,                       for Ozone: State Implementation Plan
                                               marine band radio VHF–FM channel 16                     identified by Docket ID No. EPA–R03–                   Requirements’’ (SIP Requirements Rule),
                                               (156.8 MHz). The Coast Guard vessels                    OAR–2017–0399 at http://                               for ozone and its precursors.1 2 See 80 FR
                                               enforcing this section can be contacted                 www.regulations.gov, or via email to                   12264 (March 6, 2015).
                                               on marine band radio VHF–FM channel                     duke.gerallyn@epa.gov. For comments
                                               16 (156.8 MHz). Upon being hailed by                                                                           A. 2008 8-Hour Ozone NAAQS
                                                                                                       submitted at Regulations.gov, follow the
                                               a U.S. Coast Guard vessel, or other                     online instructions for submitting                        On March 12, 2008, EPA promulgated
                                               Federal, State, or local agency vessel, by              comments. Once submitted, comments                     a revised 8-hour ozone NAAQS of 0.075
                                               siren, radio, flashing light, or other                  cannot be edited or removed from                       parts per million (ppm). See 73 FR
                                               means, the operator of a vessel shall                                                                          16436 (March 27, 2008). Under EPA’s
                                                                                                       Regulations.gov. For either manner of
                                               proceed as directed. If permission is                                                                          regulations at 40 CFR 50.15, the 2008 8-
                                                                                                       submission, EPA may publish any
                                               granted to enter the safety zone, all                                                                          hour ozone NAAQS is attained when
                                                                                                       comment received to its public docket.
                                               persons and vessels shall comply with                                                                          the three-year average of the annual
                                                                                                       Do not submit electronically any
                                               the instructions of the Captain of the                                                                         fourth-highest daily maximum 8-hour
                                                                                                       information you consider to be
                                               Port Maryland-National Capital Region                                                                          average ambient air quality ozone
                                                                                                       confidential business information (CBI)
                                               or designated representative and                                                                               concentrations is less than or equal to
                                                                                                       or other information whose disclosure is
                                               proceed as directed while within the                                                                           0.075 ppm.
                                                                                                       restricted by statute. Multimedia                         Upon promulgation of a new or
                                               zone.
                                                  (4) Enforcement officials. The U.S.                  submissions (audio, video, etc.) must be               revised NAAQS, the CAA requires EPA
                                               Coast Guard may be assisted in the                      accompanied by a written comment.                      to designate as nonattainment any area
                                               patrol and enforcement of the zone by                   The written comment is considered the                  that is violating the NAAQS based on
                                               Federal, State, and local agencies.                     official comment and should include                    the three most recent years of ambient
                                                  (d) Enforcement period. This section                 discussion of all points you wish to                   air quality data at the conclusion of the
                                               will be enforced from 8:30 p.m. to 10:30                make. EPA will generally not consider                  designation process. The Washington,
                                               p.m. on July 3, 2018, and if necessary                  comments or comment contents located                   DC Nonattainment Area was classified
                                               due to inclement weather, from 8:30                     outside of the primary submission (i.e.,               as a marginal nonattainment area for the
                                               p.m. to 10:30 p.m. on July 6, 2018.                     on the web, cloud, or other file sharing               2008 8-hour ozone NAAQS on May 21,
                                                                                                       system). For additional submission
                                                 Dated: March 29, 2018.
                                                                                                       methods, please contact the person                       1 The SIP Requirements Rule addresses a range of
                                               Lonnie P. Harrison, Jr.,                                identified in the FOR FURTHER                          nonattainment area SIP requirements for the 2008
                                               Captain, U.S. Coast Guard, Captain of the               INFORMATION CONTACT section. For the                   8-hour ozone NAAQS, including requirements
                                               Port Maryland-National Capital Region.                                                                         pertaining to attainment demonstrations, reasonable
                                                                                                       full EPA public comment policy,
                                               [FR Doc. 2018–06851 Filed 4–3–18; 8:45 am]                                                                     further progress (RFP), reasonably available control
                                                                                                       information about CBI or multimedia                    technology, reasonably available control measures,
                                               BILLING CODE 9110–04–P                                  submissions, and general guidance on                   major new source review, emission inventories, and
                                                                                                       making effective comments, please visit                the timing of SIP submissions and of compliance
                                                                                                       http://www2.epa.gov/dockets/                           with emission control measures in the SIP. The rule
                                                                                                                                                              also revokes the 1997 ozone NAAQS and
                                               ENVIRONMENTAL PROTECTION                                commenting-epa-dockets.                                establishes anti-backsliding requirements.
                                               AGENCY                                                  FOR FURTHER INFORMATION CONTACT:                         2 On February 16, 2018, the United States Court

                                                                                                       David Talley, (215) 814–2117, or by                    of Appeals for the District of Columbia Circuit (D.C.
                                               40 CFR Part 52                                                                                                 Cir. Court) issued an opinion on the EPA’s SIP
                                                                                                       email at talley.david@epa.gov.                         Requirements Rule. South Coast Air Quality Mgmt.
                                               [EPA–R03–OAR–2017–0399; FRL–9976–42–                    SUPPLEMENTARY INFORMATION:                             Dist. v. EPA, No. 15–1115, 2018 U.S. App. LEXIS
                                               Region 3]                                                                                                      3636 (D.C. Cir. Feb. 16, 2018). The D.C. Cir. Court
                                                                                                       I. Background
amozie on DSK30RV082PROD with PROPOSALS




                                                                                                                                                              found certain provisions from the 2008 Ozone SIP
                                               Approval and Promulgation of Air                                                                               Requirements Rule unreasonable including EPA’s
                                                                                                         On May 11, 2017, the Virginia
                                               Quality Implementation Plans; Virginia;                                                                        provision for a ‘‘redesignation substitute.’’ The D.C.
                                                                                                       Department of Environmental Quality                    Cir. Court also vacated other provisions relating to
                                               Nonattainment New Source Review
                                                                                                       (DEQ) submitted on behalf of the                       anti-backsliding in the 2008 Ozone SIP
                                               Requirements for the 2008 8-Hour                                                                               Requirements Rule as the Court found them
                                                                                                       Commonwealth of Virginia a formal
                                               Ozone Standard                                                                                                 unreasonable. Id. The D.C. Circuit found other parts
                                                                                                       revision, requesting EPA’s approval for                of the SIP Requirements Rule unrelated to anti-
                                               AGENCY: Environmental Protection                        the SIP of its NNSR Certification for the              backsliding and this action reasonable and denied
                                               Agency (EPA).                                           2008 Ozone NAAQS. The SIP revision                     the petition for appeal on those. Id.



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Document Created: 2018-11-01 09:11:02
Document Modified: 2018-11-01 09:11:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 4, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland- National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected]
FR Citation83 FR 14384 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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