83_FR_17196 83 FR 17121 - Safety Zone for Fireworks Display; Upper Potomac River, Washington Channel, Washington, DC

83 FR 17121 - Safety Zone for Fireworks Display; Upper Potomac River, Washington Channel, Washington, DC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 75 (April 18, 2018)

Page Range17121-17123
FR Document2018-08091

The Coast Guard proposes to establish a 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 a fireworks display in the Washington Channel at Washington, DC on May 10, 2018. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 75 (Wednesday, April 18, 2018)
[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Proposed Rules]
[Pages 17121-17123]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08091]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0215]
RIN 1625-AA00


Safety Zone for Fireworks Display; Upper Potomac River, 
Washington Channel, Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a 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 a fireworks 
display in the Washington Channel at Washington, DC on May 10, 2018. 
This proposed rulemaking would prohibit persons and vessels from 
entering the safety zone unless authorized by the Captain of the Port 
Maryland-National Capital Region or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 2, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0215 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ronald Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast 
Guard; telephone 410-576-2674, email 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On February 27, 2018, The Wharf DC of Washington, DC notified the 
Coast Guard that it will be conducting a fireworks display on May 10, 
2018, at 9 p.m. Details of the event were provided to the Coast Guard 
by the event sponsor on March 23, 2018. The fireworks display will be 
conducted by Pyrotecnico, Inc. and launched from a barge located within 
the waters of the Washington Channel, at The Wharf DC in Washington, 
DC. Hazards from the fireworks display 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 purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters of the Washington Channel before, during, and 
after the scheduled events. 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 temporary safety zone in the 
Washington Channel on May 10, 2018. The safety zone will cover all 
navigable waters of the Washington Channel within 200 feet of the 
fireworks barge located within an area bounded on the south by latitude 
38[deg]52'30'' W, and bounded on the north by the Francis Case (I-395) 
Memorial Bridge, located at Washington, DC. The safety zone would be 
enforced from 8:30 p.m. until 10 p.m. on May 10, 2018. The duration of 
the safety zone is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the scheduled 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, 
duration, and time-of-day of the safety zone. Although vessel traffic 
will not be able to safely transit around this safety zone, the impact 
would be for 1.5 hours during the 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

[[Page 17122]]

that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a safety 
zone lasting less than 2 hours that would prohibit entry within a 
portion of the Washington Channel. 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; and; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.T05-0215 to read as follows:


Sec.  165.0215  Safety Zone for Fireworks Display; Upper Potomac River, 
Washington Channel, Washington, DC.

    (a) Definitions. As used in this section:

[[Page 17123]]

    (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.
    (b) Location. The following area is a safety zone: All navigable 
waters of the Washington Channel within 200 feet of the fireworks barge 
located within an area bounded on the south by latitude 38[deg]52'30'' 
W, and bounded on the north by the Francis Case (I-395) Memorial 
Bridge, located at Washington, DC. All coordinates refer to datum NAD 
1983.
    (c) Regulations. The general safety zone regulations found in 33 
CFR 165 subpart C apply to the safety zone created by this section.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the 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. This section will be enforced from 8:30 p.m. until 
10 p.m. on May 10, 2018.

    Dated: April 12, 2018.
L.P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-08091 Filed 4-17-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Proposed Rules                                           17121

                                               the Commission is not aware of any                      designated representative. We invite                   Washington Channel on May 10, 2018.
                                               existing federal laws or regulations that               your comments on this proposed                         The safety zone will cover all navigable
                                               address the measurement of television                   rulemaking.                                            waters of the Washington Channel
                                               screens and that would conflict with the                DATES:  Comments and related material                  within 200 feet of the fireworks barge
                                               repeal of the Rule.                                     must be received by the Coast Guard on                 located within an area bounded on the
                                                  Therefore, based on available                        or before May 2, 2018.                                 south by latitude 38°52′30″ W, and
                                               information, the Commission certifies                                                                          bounded on the north by the Francis
                                                                                                       ADDRESSES: You may submit comments
                                               that repealing the Rule as proposed will                                                                       Case (I–395) Memorial Bridge, located at
                                                                                                       identified by docket number USCG–                      Washington, DC. The safety zone would
                                               not have a significant economic impact
                                                                                                       2018–0215 using the Federal                            be enforced from 8:30 p.m. until 10 p.m.
                                               on a substantial number of small
                                                                                                       eRulemaking Portal at http://                          on May 10, 2018. The duration of the
                                               entities. To ensure the accuracy of this
                                                                                                       www.regulations.gov. See the ‘‘Public                  safety zone is intended to ensure the
                                               certification, however, the Commission
                                                                                                       Participation and Request for                          safety of vessels and these navigable
                                               requests comment on the economic
                                                                                                       Comments’’ portion of the                              waters before, during, and after the
                                               effects of the proposed repeal of the
                                                                                                       SUPPLEMENTARY INFORMATION section for
                                               Rule, including whether the proposed                                                                           scheduled fireworks display. No vessel
                                                                                                       further instructions on submitting                     or person would be permitted to enter
                                               repeal will have a significant impact on
                                                                                                       comments.                                              the safety zone without obtaining
                                               a substantial number of small entities.
                                               Specifically, the Commission seeks                      FOR FURTHER INFORMATION CONTACT:   If                  permission from the COTP or a
                                               comment on the number of entities that                  you have questions about this proposed                 designated representative. The
                                               would be affected by the proposed                       rulemaking, call or email Mr. Ronald                   regulatory text we are proposing appears
                                               repeal of the Rule, the number of these                 Houck, Sector Maryland-National                        at the end of this document.
                                               companies that are small entities, and                  Capital Region Waterways Management
                                                                                                                                                              IV. Regulatory Analyses
                                               the average annual burden for each                      Division, U.S. Coast Guard; telephone
                                               entity.                                                 410–576–2674, email Ronald.L.Houck@                      We developed this proposed rule after
                                                                                                       uscg.mil.                                              considering numerous statutes and
                                               IX. List of Subjects                                                                                           Executive Orders related to rulemaking.
                                                                                                       SUPPLEMENTARY INFORMATION:
                                                 Advertising, Electronic funds transfer,                                                                      Below we summarize our analyses
                                               Television, Trade practices                             I. Table of Abbreviations                              based on a number of these statutes and
                                               ■ For the reasons stated in the preamble,               CFR Code of Federal Regulations
                                                                                                                                                              Executive Orders and we discuss First
                                               and under the authority of 15 U.S.C.                    COTP Captain of the Port                               Amendment rights of protestors.
                                               57a, the Commission proposes to                         DHS Department of Homeland Security                    A. Regulatory Planning and Review
                                               remove 16 CFR part 410.                                 FR Federal Register
                                                                                                       NPRM Notice of proposed rulemaking                        Executive Orders 12866 and 13563
                                                 By direction of the Commission.                       § Section                                              direct agencies to assess the costs and
                                               Donald S. Clark,                                        U.S.C. United States Code                              benefits of available regulatory
                                               Secretary.                                                                                                     alternatives and, if regulation is
                                                                                                       II. Background, Purpose, and Legal
                                               [FR Doc. 2018–08003 Filed 4–17–18; 8:45 am]                                                                    necessary, to select regulatory
                                                                                                       Basis
                                               BILLING CODE 6750–01–P
                                                                                                                                                              approaches that maximize net benefits.
                                                                                                          On February 27, 2018, The Wharf DC                  Executive Order 13771 directs agencies
                                                                                                       of Washington, DC notified the Coast                   to control regulatory costs through a
                                                                                                       Guard that it will be conducting a                     budgeting process. This NPRM has not
                                               DEPARTMENT OF HOMELAND                                  fireworks display on May 10, 2018, at 9                been designated a ‘‘significant
                                               SECURITY                                                p.m. Details of the event were provided                regulatory action,’’ under Executive
                                               Coast Guard                                             to the Coast Guard by the event sponsor                Order 12866. Accordingly, the NPRM
                                                                                                       on March 23, 2018. The fireworks                       has not been reviewed by the Office of
                                               33 CFR Part 165                                         display will be conducted by                           Management and Budget (OMB), and
                                                                                                       Pyrotecnico, Inc. and launched from a                  pursuant to OMB guidance it is exempt
                                               [Docket Number USCG–2018–0215]                          barge located within the waters of the                 from the requirements of Executive
                                                                                                       Washington Channel, at The Wharf DC                    Order 13771.
                                               RIN 1625–AA00
                                                                                                       in Washington, DC. Hazards from the                       This regulatory action determination
                                               Safety Zone for Fireworks Display;                      fireworks display include accidental                   is based on the size, duration, and time-
                                               Upper Potomac River, Washington                         discharge of fireworks, dangerous                      of-day of the safety zone. Although
                                               Channel, Washington, DC                                 projectiles, and falling hot embers or                 vessel traffic will not be able to safely
                                                                                                       other debris. The COTP has determined                  transit around this safety zone, the
                                               AGENCY:   Coast Guard, DHS.                             that potential hazards associated with                 impact would be for 1.5 hours during
                                               ACTION:   Notice of proposed rulemaking.                the fireworks to be used in this display               the evening when vessel traffic in
                                                                                                       would be a safety concern for anyone                   Washington Channel is normally low.
                                               SUMMARY:   The Coast Guard proposes to                  within 200 feet of the fireworks barge.                Moreover, the Coast Guard will issue a
                                               establish a safety zone for certain waters                 The purpose of this rulemaking is to                Broadcast Notice to Mariners via VHF–
                                               of the Upper Potomac River. This action                 ensure the safety of vessels and the                   FM marine channel 16 about the zone.
                                               is necessary to provide for the safety of               navigable waters of the Washington
                                                                                                                                                              B. Impact on Small Entities
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                                               life on navigable waters during a                       Channel before, during, and after the
                                               fireworks display in the Washington                     scheduled events. The Coast Guard                        The Regulatory Flexibility Act of
                                               Channel at Washington, DC on May 10,                    proposes this rulemaking under                         1980, 5 U.S.C. 601–612, as amended,
                                               2018. This proposed rulemaking would                    authority in 33 U.S.C. 1231.                           requires Federal agencies to consider
                                               prohibit persons and vessels from                                                                              the potential impact of regulations on
                                               entering the safety zone unless                         III. Discussion of Proposed Rule                       small entities during rulemaking. The
                                               authorized by the Captain of the Port                     The COTP proposes to establish a                     term ‘‘small entities’’ comprises small
                                               Maryland-National Capital Region or a                   temporary safety zone in the                           businesses, not-for-profit organizations


                                          VerDate Sep<11>2014   17:05 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\18APP1.SGM   18APP1


                                               17122                  Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Proposed Rules

                                               that are independently owned and                        more Indian tribes, on the relationship                V. Public Participation and Request for
                                               operated and are not dominant in their                  between the Federal Government and                     Comments
                                               fields, and governmental jurisdictions                  Indian tribes, or on the distribution of                  We view public participation as
                                               with populations of less than 50,000.                   power and responsibilities between the                 essential to effective rulemaking, and
                                               The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                  will consider all comments and material
                                               605(b) that this proposed rule would not                If you believe this proposed rule has                  received during the comment period.
                                               have a significant economic impact on                   implications for federalism or Indian                  Your comment can help shape the
                                               a substantial number of small entities.                 tribes, please contact the person listed
                                                  While some owners or operators of                                                                           outcome of this rulemaking. If you
                                                                                                       in the FOR FURTHER INFORMATION                         submit a comment, please include the
                                               vessels intending to transit the safety                 CONTACT section.
                                               zone may be small entities, for the                                                                            docket number for this rulemaking,
                                               reasons stated in section IV.A above,                   E. Unfunded Mandates Reform Act                        indicate the specific section of this
                                               this proposed rule would not have a                                                                            document to which each comment
                                                                                                          The Unfunded Mandates Reform Act                    applies, and provide a reason for each
                                               significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires
                                               vessel owner or operator.                                                                                      suggestion or recommendation.
                                                                                                       Federal agencies to assess the effects of                 We encourage you to submit
                                                  If you think that your business,                     their discretionary regulatory actions. In
                                               organization, or governmental                                                                                  comments through the Federal
                                                                                                       particular, the Act addresses actions                  eRulemaking Portal at http://
                                               jurisdiction qualifies as a small entity                that may result in the expenditure by a
                                               and that this rule would have a                                                                                www.regulations.gov. If your material
                                                                                                       State, local, or tribal government, in the             cannot be submitted using http://
                                               significant economic impact on it,                      aggregate, or by the private sector of
                                               please submit a comment (see                                                                                   www.regulations.gov, contact the person
                                                                                                       $100,000,000 (adjusted for inflation) or               in the FOR FURTHER INFORMATION
                                               ADDRESSES) explaining why you think it                  more in any one year. Though this
                                               qualifies and how and to what degree                                                                           CONTACT section of this document for
                                                                                                       proposed rule would not result in such                 alternate instructions.
                                               this rule would economically affect it.                 an expenditure, we do discuss the
                                                  Under section 213(a) of the Small                                                                              We accept anonymous comments. All
                                                                                                       effects of this rule elsewhere in this                 comments received will be posted
                                               Business Regulatory Enforcement                         preamble.
                                               Fairness Act of 1996 (Pub. L. 104–121),                                                                        without change to http://
                                               we want to assist small entities in                     F. Environment                                         www.regulations.gov and will include
                                               understanding this proposed rule. If the                                                                       any personal information you have
                                                                                                         We have analyzed this proposed rule                  provided. For more about privacy and
                                               rule would affect your small business,
                                                                                                       under Department of Homeland                           the docket, visit http://
                                               organization, or governmental
                                                                                                       Security Management Directive 023–01                   www.regulations.gov/privacyNotice.
                                               jurisdiction and you have questions
                                                                                                       and Commandant Instruction                                Documents mentioned in this NPRM
                                               concerning its provisions or options for
                                                                                                       M16475.lD, which guide the Coast                       as being available in the docket, and all
                                               compliance, please contact the person
                                                                                                       Guard in complying with the National                   public comments, will be in our online
                                               listed in the FOR FURTHER INFORMATION
                                                                                                       Environmental Policy Act of 1969 (42                   docket at http://www.regulations.gov
                                               CONTACT section. The Coast Guard will
                                                                                                       U.S.C. 4321–4370f), and have made a                    and can be viewed by following that
                                               not retaliate against small entities that
                                                                                                       preliminary determination that this                    website’s instructions. Additionally, if
                                               question or complain about this
                                                                                                       action is one of a category of actions that            you go to the online docket and sign up
                                               proposed rule or any policy or action of
                                                                                                       do not individually or cumulatively                    for email alerts, you will be notified
                                               the Coast Guard.
                                                                                                       have a significant effect on the human                 when comments are posted or a final
                                               C. Collection of Information                            environment. This proposed rule                        rule is published.
                                                 This proposed rule would not call for                 involves a safety zone lasting less than
                                                                                                       2 hours that would prohibit entry                      List of Subjects in 33 CFR Part 165
                                               a new collection of information under
                                               the Paperwork Reduction Act of 1995                     within a portion of the Washington                       Harbors, Marine safety, Navigation
                                               (44 U.S.C. 3501–3520).                                  Channel. Normally such actions are                     (water), Reporting and recordkeeping
                                                                                                       categorically excluded from further                    requirements, Security measures,
                                               D. Federalism and Indian Tribal                         review under paragraph L60(a) of                       Waterways.
                                               Governments                                             Appendix A, Table 1 of DHS Instruction                   For the reasons discussed in the
                                                  A rule has implications for federalism               Manual 023–01–001–01, Rev. 01. A                       preamble, the Coast Guard proposes to
                                               under Executive Order 13132,                            preliminary Record of Environmental                    amend 33 CFR part 165 as follows:
                                               Federalism, if it has a substantial direct              Consideration supporting this
                                               effect on the States, on the relationship               determination is available in the docket               PART 165—REGULATED NAVIGATION
                                               between the national government and                     where indicated under ADDRESSES. We                    AREAS AND LIMITED ACCESS AREAS
                                               the States, or on the distribution of                   seek any comments or information that
                                               power and responsibilities among the                    may lead to the discovery of a                         ■ 1. The authority citation for part 165
                                               various levels of government. We have                   significant environmental impact from                  continues to read as follows:
                                               analyzed this proposed rule under that                  this proposed rule.                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
                                               Order and have determined that it is                    G. Protest Activities                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                               consistent with the fundamental                                                                                and; Department of Homeland Security
                                               federalism principles and preemption                      The Coast Guard respects the First                   Delegation No. 0170.1.
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                                               requirements described in Executive                     Amendment rights of protesters.                        ■ 2. Add § 165.T05–0215 to read as
                                               Order 13132.                                            Protesters are asked to contact the                    follows:
                                                  Also, this proposed rule does not have               person listed in the FOR FURTHER
                                               tribal implications under Executive                     INFORMATION CONTACT section to                         § 165.0215 Safety Zone for Fireworks
                                               Order 13175, Consultation and                           coordinate protest activities so that your             Display; Upper Potomac River, Washington
                                               Coordination with Indian Tribal                         message can be received without                        Channel, Washington, DC.
                                               Governments, because it would not have                  jeopardizing the safety or security of                   (a) Definitions. As used in this
                                               a substantial direct effect on one or                   people, places, or vessels.                            section:


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                                                                      Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Proposed Rules                                            17123

                                                  (1) Captain of the Port means the                      Dated: April 12, 2018.                               to its public docket. Do not submit
                                               Commander, U.S. Coast Guard Sector                      L.P. Harrison, Jr.,                                    electronically any information you
                                               Maryland-National Capital Region.                       Captain, U.S. Coast Guard, Captain of the              consider to be Confidential Business
                                                  (2) Designated representative means                  Port Maryland-National Capital Region.                 Information (CBI) or other information
                                               any Coast Guard commissioned,                           [FR Doc. 2018–08091 Filed 4–17–18; 8:45 am]            whose disclosure is restricted by statute.
                                               warrant, or petty officer who has been                  BILLING CODE 9110–04–P                                 Multimedia submissions (audio, video,
                                               authorized by the Captain of the Port                                                                          etc.) must be accompanied by a written
                                               Maryland-National Capital Region to                                                                            comment. The written comment is
                                               assist in enforcing the safety zone                     ENVIRONMENTAL PROTECTION                               considered the official comment and
                                               described in paragraph (b) of this                      AGENCY                                                 should include discussion of all points
                                               section.                                                                                                       you wish to make. EPA will generally
                                                  (b) Location. The following area is a                40 CFR Part 52                                         not consider comments or comment
                                               safety zone: All navigable waters of the                                                                       contents located outside of the primary
                                                                                                       [EPA–R04–OAR–2018–0142; FRL–9976–
                                               Washington Channel within 200 feet of                                                                          submission (i.e., on the web, cloud, or
                                                                                                       96—Region 4]
                                               the fireworks barge located within an                                                                          other file sharing system). For
                                               area bounded on the south by latitude                   Air Plan Approval; Kentucky; 2008                      additional submission methods, the full
                                               38°52′30″ W, and bounded on the north                   Ozone NAAQS Interstate Transport SIP                   EPA public comment policy,
                                               by the Francis Case (I–395) Memorial                    Requirements                                           information about CBI or multimedia
                                               Bridge, located at Washington, DC. All                                                                         submissions, and general guidance on
                                               coordinates refer to datum NAD 1983.                    AGENCY:  Environmental Protection                      making effective comments, please visit
                                                  (c) Regulations. The general safety                  Agency (EPA).                                          http://www2.epa.gov/dockets/
                                               zone regulations found in 33 CFR 165                    ACTION: Proposed rule.                                 commenting-epa-dockets.
                                               subpart C apply to the safety zone                                                                             FOR FURTHER INFORMATION CONTACT:
                                               created by this section.                                SUMMARY:    The Environmental Protection               Ashten Bailey, Air Regulatory
                                                  (1) All persons are required to comply               Agency (EPA) is proposing to approve                   Management Section, Air Planning and
                                               with the general regulations governing                  Kentucky’s February 28, 2018, draft                    Implementation Branch, Air, Pesticides
                                               safety zones found in 33 CFR 165.23.                    State Implementation Plan (SIP)                        and Toxics Management Division, U.S.
                                                  (2) Entry into or remaining in this                  submission pertaining to the ‘‘good                    Environmental Protection Agency,
                                               zone is prohibited unless authorized by                 neighbor’’ provision of the Clean Air                  Region 4, 61 Forsyth Street SW, Atlanta,
                                               the Coast Guard Captain of the Port                     Act (CAA or Act) for the 2008 8-hour                   Georgia 30303–8960. Ms. Bailey can be
                                               Maryland-National Capital Region. All                   ozone National Ambient Air Quality                     reached by telephone at (404) 562–9164
                                               vessels underway within this safety                     Standard (NAAQS) that was submitted                    or via electronic mail at bailey.ashten@
                                               zone at the time it is implemented are                  by Kentucky for parallel processing. The               epa.gov.
                                               to depart the zone.                                     good neighbor provision requires each
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                  (3) Persons desiring to transit the area             state’s SIP to address the interstate
                                               of the safety zone must first obtain                    transport of air pollution in amounts                  I. Background
                                               authorization from the Captain of the                   that contribute significantly to                          On March 27, 2008 (73 FR 16436),
                                               Port Maryland-National Capital Region                   nonattainment, or interfere with                       EPA promulgated an ozone NAAQS that
                                               or designated representative. To request                maintenance, of a NAAQS in any other                   revised the levels of the primary and
                                               permission to transit the area, the                     state. In this action, EPA is proposing to             secondary 8-hour ozone standards from
                                               Captain of the Port Maryland-National                   approve Kentucky’s draft submission                    0.08 parts per million (ppm) to 0.075
                                               Capital Region and or designated                        demonstrating that no additional                       ppm. Pursuant to CAA section 110(a)(1),
                                               representatives can be contacted at                     emission reductions are necessary to                   within three years after promulgation of
                                               telephone number 410–576–2693 or on                     address the good neighbor provision for                a new or revised NAAQS (or shorter, if
                                               Marine Band Radio VHF–FM channel                        the 2008 ozone NAAQS beyond those                      EPA prescribes), states must submit SIPs
                                               16 (156.8 MHz). The Coast Guard                         required by the Cross-State Air                        that meet the applicable requirements of
                                               vessels enforcing this section can be                   Pollution Rule Update (CSAPR Update)                   section 110(a)(2). EPA has historically
                                               contacted on Marine Band Radio VHF–                     federal implementation plan (FIP).                     referred to these SIP submissions made
                                               FM channel 16 (156.8 MHz). Upon                         Accordingly, EPA is proposing to                       for the purpose of satisfying the
                                               being hailed by a U.S. Coast Guard                      approve Kentucky’s draft submission as                 requirements of sections 110(a)(1) and
                                               vessel, or other Federal, State, or local               partially addressing the requirements of               110(a)(2) as ‘‘infrastructure SIP’’
                                               agency vessel, by siren, radio, flashing                the good neighbor provision for the                    submissions. One of the structural
                                               light, or other means, the operator of a                2008 ozone NAAQS, and resolving any                    requirements of section 110(a)(2) is
                                               vessel shall proceed as directed. If                    obligation remaining under the good                    section 110(a)(2)(D)(i), also known as
                                               permission is granted, all persons and                  neighbor provision after promulgation                  the ‘‘good neighbor’’ provision, which
                                               vessels must comply with the                            of the CSAPR Update FIP. EPA is                        generally requires SIPs to contain
                                               instructions of the Captain of the Port                 proposing this action because it is                    adequate provisions to prohibit in-state
                                               Maryland-National Capital Region or                     consistent with the CAA.                               emissions activities from having certain
                                               designated representative and proceed                   DATES: Comments must be received on                    adverse air quality effects on
                                               as directed while within the zone.                      or before May 18, 2018.                                neighboring states due to interstate
amozie on DSK30RV082PROD with PROPOSALS




                                                  (4) Enforcement officials. The U.S.                  ADDRESSES: Submit your comments,                       transport of air pollution. There are four
                                               Coast Guard may be assisted in the                      identified by Docket ID No. at EPA–                    sub-elements, or ‘‘prongs,’’ within
                                               patrol and enforcement of the safety                    R04–OAR–2018–0142 http://                              section 110(a)(2)(D)(i) of the CAA. CAA
                                               zone by Federal, State, and local                       www.regulations.gov. Follow the online                 section 110(a)(2)(D)(i)(I) requires SIPs to
                                               agencies.                                               instructions for submitting comments.                  include provisions prohibiting any
                                                  (d) Enforcement. This section will be                Once submitted, comments cannot be                     source or other type of emissions
                                               enforced from 8:30 p.m. until 10 p.m. on                edited or removed from Regulations.gov.                activity in one state from emitting any
                                               May 10, 2018.                                           EPA may publish any comment received                   air pollutant in amounts that will


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Document Created: 2018-04-18 02:59:55
Document Modified: 2018-04-18 02:59:55
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 2, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Mr. Ronald Houck, Sector Maryland- National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected]
FR Citation83 FR 17121 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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