83_FR_23714 83 FR 23615 - Safety Zone; Fourth of July Fireworks Patriots Point, Charleston, SC

83 FR 23615 - Safety Zone; Fourth of July Fireworks Patriots Point, Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 99 (May 22, 2018)

Page Range23615-23617
FR Document2018-10930

The Coast Guard proposes to establish a temporary safety zone for certain navigable waters of Cooper River at Patriot's Point in Charleston, SC. This action is necessary to provide for the safety of the general public, spectators, vessels, and the marine environment from potential hazards during a fireworks display. This proposed rulemaking would prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 99 (Tuesday, May 22, 2018)
[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Proposed Rules]
[Pages 23615-23617]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10930]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Proposed 
Rules

[[Page 23615]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0145]
RIN 1625-AA00


Safety Zone; Fourth of July Fireworks Patriots Point, Charleston, 
SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain navigable waters of Cooper River at Patriot's Point in 
Charleston, SC. This action is necessary to provide for the safety of 
the general public, spectators, vessels, and the marine environment 
from potential hazards during a fireworks display. This proposed 
rulemaking would prohibit persons and vessels from entering, transiting 
through, anchoring in, or remaining within the safety zone unless 
authorized by the Captain of the Port Charleston (COTP) 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 June 21, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0145 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 Lieutenant Justin Heck, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On February 9, 2018, the Patriots Point Naval and Maritime Museum 
notified the Coast Guard that it will be conducting a fireworks display 
from 8:30 p.m. to 9:30 p.m. on July 4, 2018. The fireworks are to be 
launched from a barge along the bank of the Cooper River at Patriots 
Point in Charleston, SC. Hazards from firework displays include 
accidental discharge of fireworks, dangerous projectiles, and falling 
hot embers or other debris. The Captain of the Port Charleston (COTP) 
has determined that potential hazards associated with the fireworks to 
be used in this display would be a safety concern for anyone within a 
500-yard radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 500-yard radius of the fireworks 
barge before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8:15 p.m. to 9:45 
p.m. on July 4, 2018. The safety zone would cover all navigable waters 
within 500-yards of the fireworks barge located at Patriots Point on 
the Cooper River in Charleston, SC. The duration of the zone is 
intended to ensure the safety of vessels and these navigable waters 
before, during, and after the scheduled 8:30 p.m. to 9:30 p.m. 
fireworks display. No vessel or person would be permitted to enter, 
transit through, anchor in, or remain within the safety zone without 
obtaining permission from the COTP or a designated representative. The 
Coast Guard would provide notice of the safety zone by local notice to 
mariners, broadcast notice to mariners, and on-scene designated 
representatives. 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. The safety zone 
will only be enforced for a total of an hour and a half, and although 
persons and vessels may not enter, transit through, anchor in, or 
remain within the safety zone without authorization from the Captain of 
the Port Charleston or a designated representative, vessel traffic 
would be able to safely operate in the surrounding area during the 
enforcement period and the rule would allow vessels to seek permission 
to enter the zone. Moreover, the Coast Guard would provide advance 
notification of the safety zone to the local maritime community by 
local notice to mariners and broadcast notice to mariners via VHF-FM 
marine channel 16.

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.

[[Page 23616]]

605(b) that this proposed rule would not have a significant economic 
impact on a substantial number of small entities.
    We have considered the impact of this proposed rule on small 
entities. This rule may affect the following entities, some of which 
may be small entities: The owner or operators of vessels intending to 
enter, transit through, anchor in, or remain within the regulated area 
during the enforcement period. For the reasons stated in section IV.A. 
above, this proposed rule would not have a significant economic impact 
on a substantial number of small entities.
    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 an hour and a half that would prohibit entry within 500 
yards of a barge from which fireworks would be launched. Normally such 
actions are categorically excluded from further review under paragraph 
L 60(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 a temporary Sec.  165.T07-0145 to read as follows:

[[Page 23617]]

Sec.  165.T07-0145   Safety Zone; Fourth of July Fireworks Patriots 
Point, Charleston, SC.

    (a) Location. This rule establishes a safety zone on all waters 
within a 500-yard radius of the barge, from which fireworks will be 
launched along the bank of the Cooper River at Patriots Point in 
Charleston, SC.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at 843-740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
local notice to mariners, broadcast notice to mariners, and on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be enforced on July 4, 2018 
from 8:15 p.m. until 9:45 p.m.

    Dated: May 16, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2018-10930 Filed 5-21-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                                                                                                                                               23615

                                                Proposed Rules                                                                                                Federal Register
                                                                                                                                                              Vol. 83, No. 99

                                                                                                                                                              Tuesday, May 22, 2018



                                                This section of the FEDERAL REGISTER                    I. Table of Abbreviations                             IV. Regulatory Analyses
                                                contains notices to the public of the proposed
                                                                                                        CFR Code of Federal Regulations                         We developed this proposed rule after
                                                issuance of rules and regulations. The
                                                purpose of these notices is to give interested
                                                                                                        DHS Department of Homeland Security                   considering numerous statutes and
                                                                                                        FR Federal Register                                   Executive Orders related to rulemaking.
                                                persons an opportunity to participate in the
                                                                                                        NPRM Notice of proposed rulemaking                    Below we summarize our analyses
                                                rule making prior to the adoption of the final
                                                                                                        Pub. L. Public Law                                    based on a number of these statutes and
                                                rules.
                                                                                                        § Section
                                                                                                                                                              Executive Orders and we discuss First
                                                                                                        U.S.C. United States Code
                                                                                                        COTP Captain of the Port                              Amendment rights of protestors.
                                                DEPARTMENT OF HOMELAND
                                                SECURITY                                                II. Background, Purpose, and Legal                    A. Regulatory Planning and Review
                                                                                                        Basis                                                    Executive Orders 12866 and 13563
                                                Coast Guard                                                                                                   direct agencies to assess the costs and
                                                                                                          On February 9, 2018, the Patriots                   benefits of available regulatory
                                                33 CFR Part 165                                         Point Naval and Maritime Museum                       alternatives and, if regulation is
                                                                                                        notified the Coast Guard that it will be              necessary, to select regulatory
                                                [Docket Number USCG–2018–0145]                          conducting a fireworks display from                   approaches that maximize net benefits.
                                                RIN 1625–AA00                                           8:30 p.m. to 9:30 p.m. on July 4, 2018.               Executive Order 13771 directs agencies
                                                                                                        The fireworks are to be launched from                 to control regulatory costs through a
                                                Safety Zone; Fourth of July Fireworks                   a barge along the bank of the Cooper                  budgeting process. This NPRM has not
                                                Patriots Point, Charleston, SC                          River at Patriots Point in Charleston, SC.            been designated a ‘‘significant
                                                                                                        Hazards from firework displays include                regulatory action,’’ under Executive
                                                AGENCY:   Coast Guard, DHS.
                                                                                                        accidental discharge of fireworks,                    Order 12866. Accordingly, the NPRM
                                                ACTION:   Notice of proposed rulemaking.                dangerous projectiles, and falling hot                has not been reviewed by the Office of
                                                SUMMARY:    The Coast Guard proposes to                 embers or other debris. The Captain of                Management and Budget (OMB), and
                                                establish a temporary safety zone for                   the Port Charleston (COTP) has                        pursuant to OMB guidance it is exempt
                                                certain navigable waters of Cooper River                determined that potential hazards                     from the requirements of Executive
                                                at Patriot’s Point in Charleston, SC. This              associated with the fireworks to be used              Order 13771.
                                                action is necessary to provide for the                  in this display would be a safety                        This regulatory action determination
                                                safety of the general public, spectators,               concern for anyone within a 500-yard                  is based on the size, location, duration,
                                                vessels, and the marine environment                     radius of the barge.                                  and time-of-day of the safety zone. The
                                                from potential hazards during a                           The purpose of this rulemaking is to                safety zone will only be enforced for a
                                                fireworks display. This proposed                        ensure the safety of vessels and the                  total of an hour and a half, and although
                                                rulemaking would prohibit persons and                   navigable waters within a 500-yard                    persons and vessels may not enter,
                                                vessels from entering, transiting                       radius of the fireworks barge before,                 transit through, anchor in, or remain
                                                through, anchoring in, or remaining                     during, and after the scheduled event.                within the safety zone without
                                                within the safety zone unless authorized                The Coast Guard proposes this                         authorization from the Captain of the
                                                by the Captain of the Port Charleston                   rulemaking under authority in 33 U.S.C.               Port Charleston or a designated
                                                (COTP) or a designated representative.                  1231.                                                 representative, vessel traffic would be
                                                We invite your comments on this                         III. Discussion of Proposed Rule                      able to safely operate in the surrounding
                                                proposed rulemaking.                                                                                          area during the enforcement period and
                                                DATES: Comments and related material                       The COTP proposes to establish a                   the rule would allow vessels to seek
                                                must be received by the Coast Guard on                  safety zone from 8:15 p.m. to 9:45 p.m.               permission to enter the zone. Moreover,
                                                or before June 21, 2018.                                on July 4, 2018. The safety zone would                the Coast Guard would provide advance
                                                                                                        cover all navigable waters within 500-                notification of the safety zone to the
                                                ADDRESSES: You may submit comments
                                                                                                        yards of the fireworks barge located at               local maritime community by local
                                                identified by docket number USCG–
                                                                                                        Patriots Point on the Cooper River in                 notice to mariners and broadcast notice
                                                2018–0145 using the Federal
                                                                                                        Charleston, SC. The duration of the zone              to mariners via VHF–FM marine
                                                eRulemaking Portal at http://
                                                                                                        is intended to ensure the safety of                   channel 16.
                                                www.regulations.gov. See the ‘‘Public
                                                                                                        vessels and these navigable waters
                                                Participation and Request for                                                                                 B. Impact on Small Entities
                                                                                                        before, during, and after the scheduled
                                                Comments’’ portion of the
                                                                                                        8:30 p.m. to 9:30 p.m. fireworks display.                The Regulatory Flexibility Act of
                                                SUPPLEMENTARY INFORMATION section for
                                                                                                        No vessel or person would be permitted                1980, 5 U.S.C. 601–612, as amended,
                                                further instructions on submitting
                                                                                                        to enter, transit through, anchor in, or              requires Federal agencies to consider
                                                comments.
                                                                                                        remain within the safety zone without                 the potential impact of regulations on
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                                                FOR FURTHER INFORMATION CONTACT:    If                  obtaining permission from the COTP or                 small entities during rulemaking. The
                                                you have questions about this proposed                  a designated representative. The Coast                term ‘‘small entities’’ comprises small
                                                rulemaking, call or email Lieutenant                    Guard would provide notice of the                     businesses, not-for-profit organizations
                                                Justin Heck, Sector Charleston Office of                safety zone by local notice to mariners,              that are independently owned and
                                                Waterways Management, Coast Guard;                      broadcast notice to mariners, and on-                 operated and are not dominant in their
                                                telephone (843) 740–3184, email                         scene designated representatives. The                 fields, and governmental jurisdictions
                                                Justin.C.Heck@uscg.mil.                                 regulatory text we are proposing appears              with populations of less than 50,000.
                                                SUPPLEMENTARY INFORMATION:                              at the end of this document.                          The Coast Guard certifies under 5 U.S.C.


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                                                23616                    Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Proposed Rules

                                                605(b) that this proposed rule would not                a substantial direct effect on one or                 jeopardizing the safety or security of
                                                have a significant economic impact on                   more Indian tribes, on the relationship               people, places, or vessels.
                                                a substantial number of small entities.                 between the Federal Government and
                                                   We have considered the impact of this                Indian tribes, or on the distribution of              V. Public Participation and Request for
                                                proposed rule on small entities. This                   power and responsibilities between the                Comments
                                                rule may affect the following entities,                 Federal Government and Indian tribes.                    We view public participation as
                                                some of which may be small entities:                    If you believe this proposed rule has                 essential to effective rulemaking, and
                                                The owner or operators of vessels                       implications for federalism or Indian                 will consider all comments and material
                                                intending to enter, transit through,                    tribes, please contact the person listed              received during the comment period.
                                                anchor in, or remain within the                         in the FOR FURTHER INFORMATION                        Your comment can help shape the
                                                regulated area during the enforcement                   CONTACT section.
                                                period. For the reasons stated in section                                                                     outcome of this rulemaking. If you
                                                IV.A. above, this proposed rule would                   E. Unfunded Mandates Reform Act                       submit a comment, please include the
                                                not have a significant economic impact                                                                        docket number for this rulemaking,
                                                                                                           The Unfunded Mandates Reform Act                   indicate the specific section of this
                                                on a substantial number of small                        of 1995 (2 U.S.C. 1531–1538) requires
                                                entities.                                                                                                     document to which each comment
                                                                                                        Federal agencies to assess the effects of             applies, and provide a reason for each
                                                   If you think that your business,                     their discretionary regulatory actions. In
                                                organization, or governmental                                                                                 suggestion or recommendation.
                                                                                                        particular, the Act addresses actions
                                                jurisdiction qualifies as a small entity                that may result in the expenditure by a                  We encourage you to submit
                                                and that this rule would have a                         State, local, or tribal government, in the            comments through the Federal
                                                significant economic impact on it,                      aggregate, or by the private sector of                eRulemaking Portal at http://
                                                please submit a comment (see                            $100,000,000 (adjusted for inflation) or              www.regulations.gov. If your material
                                                ADDRESSES) explaining why you think it                  more in any one year. Though this                     cannot be submitted using http://
                                                qualifies and how and to what degree                    proposed rule would not result in such                www.regulations.gov, contact the person
                                                this rule would economically affect it.                 an expenditure, we do discuss the                     in the FOR FURTHER INFORMATION
                                                   Under section 213(a) of the Small                    effects of this rule elsewhere in this                CONTACT section of this document for
                                                Business Regulatory Enforcement                         preamble.                                             alternate instructions.
                                                Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                        F. Environment                                           We accept anonymous comments. All
                                                we want to assist small entities in
                                                                                                                                                              comments received will be posted
                                                understanding this proposed rule. If the
                                                                                                           We have analyzed this proposed rule                without change to http://
                                                rule would affect your small business,
                                                                                                        under Department of Homeland                          www.regulations.gov and will include
                                                organization, or governmental
                                                                                                        Security Management Directive 023–01                  any personal information you have
                                                jurisdiction and you have questions
                                                                                                        and Commandant Instruction                            provided. For more about privacy and
                                                concerning its provisions or options for
                                                                                                        M16475.lD, which guide the Coast                      the docket, visit http://
                                                compliance, please contact the person
                                                                                                        Guard in complying with the National                  www.regulations.gov/privacyNotice.
                                                listed in the FOR FURTHER INFORMATION
                                                                                                        Environmental Policy Act of 1969 (42                     Documents mentioned in this NPRM
                                                CONTACT section. The Coast Guard will
                                                                                                        U.S.C. 4321–4370f), and have made a                   as being available in the docket, and all
                                                not retaliate against small entities that
                                                                                                        preliminary determination that this
                                                question or complain about this                                                                               public comments, will be in our online
                                                                                                        action is one of a category of actions that
                                                proposed rule or any policy or action of                                                                      docket at http://www.regulations.gov
                                                                                                        do not individually or cumulatively
                                                the Coast Guard.                                                                                              and can be viewed by following that
                                                                                                        have a significant effect on the human
                                                                                                                                                              website’s instructions. Additionally, if
                                                C. Collection of Information                            environment. This proposed rule
                                                                                                                                                              you go to the online docket and sign up
                                                  This proposed rule would not call for                 involves a safety zone lasting an hour
                                                                                                                                                              for email alerts, you will be notified
                                                a new collection of information under                   and a half that would prohibit entry
                                                                                                                                                              when comments are posted or a final
                                                the Paperwork Reduction Act of 1995                     within 500 yards of a barge from which
                                                                                                                                                              rule is published.
                                                (44 U.S.C. 3501–3520).                                  fireworks would be launched. Normally
                                                                                                        such actions are categorically excluded               List of Subjects in 33 CFR Part 165
                                                D. Federalism and Indian Tribal                         from further review under paragraph L
                                                Governments                                             60(a) of Appendix A, Table 1 of DHS                     Harbors, Marine safety, Navigation
                                                   A rule has implications for federalism               Instruction Manual 023–01–001–01,                     (water), Reporting and recordkeeping
                                                under Executive Order 13132,                            Rev. 01. A preliminary Record of                      requirements, Security measures,
                                                Federalism, if it has a substantial direct              Environmental Consideration                           Waterways.
                                                effect on the States, on the relationship               supporting this determination is                        For the reasons discussed in the
                                                between the national government and                     available in the docket where indicated               preamble, the Coast Guard proposes to
                                                the States, or on the distribution of                   under ADDRESSES. We seek any                          amend 33 CFR part 165 as follows:
                                                power and responsibilities among the                    comments or information that may lead
                                                various levels of government. We have                   to the discovery of a significant                     PART 165—REGULATED NAVIGATION
                                                analyzed this proposed rule under that                  environmental impact from this                        AREAS AND LIMITED ACCESS AREAS
                                                Order and have determined that it is                    proposed rule.
                                                consistent with the fundamental                         G. Protest Activities                                 ■ 1. The authority citation for part 165
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                                                federalism principles and preemption                                                                          continues to read as follows:
                                                requirements described in Executive                       The Coast Guard respects the First
                                                Order 13132.                                            Amendment rights of protesters.                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                   Also, this proposed rule does not have               Protesters are asked to contact the                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                tribal implications under Executive                     person listed in the FOR FURTHER                      Department of Homeland Security Delegation
                                                Order 13175, Consultation and                           INFORMATION CONTACT section to                        No. 0170.1.
                                                Coordination with Indian Tribal                         coordinate protest activities so that your            ■ 2. Add a temporary § 165.T07–0145 to
                                                Governments, because it would not have                  message can be received without                       read as follows:


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                                                                         Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Proposed Rules                                           23617

                                                § 165.T07–0145 Safety Zone; Fourth of                   DEPARTMENT OF HOMELAND                                would be conducting a fireworks
                                                July Fireworks Patriots Point, Charleston,              SECURITY                                              display from 9 p.m. to 10 p.m. on July
                                                SC.                                                                                                           4, 2018. The fireworks are to be
                                                   (a) Location. This rule establishes a                Coast Guard                                           launched from the end of the Veterans
                                                safety zone on all waters within a 500-                                                                       Fishing Pier in Murrells Inlet, SC.
                                                                                                        33 CFR Part 165                                       Hazards from firework displays include
                                                yard radius of the barge, from which
                                                                                                                                                              accidental discharge of fireworks,
                                                fireworks will be launched along the                    [Docket Number USCG–2018–0203]
                                                                                                                                                              dangerous projectiles, and falling hot
                                                bank of the Cooper River at Patriots                    RIN 1625–AA00                                         embers or other debris. The Captain of
                                                Point in Charleston, SC.                                                                                      the Port Charleston (COTP) has
                                                   (b) Definition. The term ‘‘designated                Safety Zone; Marshwalk Group                          determined that potential hazards
                                                representative’’ means Coast Guard                      Independence Day Fireworks, Murrells                  associated with the fireworks to be used
                                                Patrol Commanders, including Coast                      Inlet, SC                                             in this display would be a safety
                                                Guard coxswains, petty officers, and                    AGENCY:   Coast Guard, DHS.                           concern for anyone within a 500-yard
                                                other officers operating Coast Guard                                                                          radius of the pier.
                                                                                                        ACTION:   Notice of proposed rulemaking.                 The purpose of this rulemaking is to
                                                vessels, and Federal, state, and local
                                                officers designated by or assisting the                 SUMMARY:   The Coast Guard proposes to                ensure the safety of vessels and the
                                                Captain of the Port Charleston in the                   establish a temporary safety zone for                 navigable waters within a 500-yard
                                                enforcement of the regulated areas.                     certain waters of Murrells Inlet, SC. This            radius of the pier before, during, and
                                                                                                        action is necessary to provide for the                after the scheduled event. The Coast
                                                   (c) Regulations. (1) All persons and                                                                       Guard proposes this rulemaking under
                                                vessels are prohibited from entering,                   safety of the general public, spectators,
                                                                                                        vessels, and the marine environment                   authority in 33 U.S.C. 1231.
                                                transiting through, anchoring in, or
                                                                                                        from potential hazards during a                       III. Discussion of Proposed Rule
                                                remaining within the regulated area
                                                                                                        fireworks display. This proposed
                                                unless authorized by the Captain of the                                                                          The COTP proposes to establish a
                                                                                                        rulemaking would prohibit persons and
                                                Port Charleston or a designated                                                                               safety zone from 8:45 p.m. to 10:15 p.m.
                                                                                                        vessels from entering, transiting
                                                representative.                                                                                               on July 4, 2018. The safety zone would
                                                                                                        through, anchoring in, or remaining
                                                   (2) Persons and vessels desiring to                                                                        cover all navigable waters within 500-
                                                                                                        within the safety zone unless authorized
                                                                                                                                                              yards of the Veterans Fishing Pier
                                                enter, transit through, anchor in, or                   by the Captain of the Port Charleston
                                                                                                                                                              located at Murrells Inlet, SC. The
                                                remain within the regulated area may                    (COTP) or a designated representative.
                                                                                                                                                              duration of the zone is intended to
                                                contact the Captain of the Port                         We invite your comments on this
                                                                                                                                                              ensure the safety of life on these
                                                Charleston by telephone at 843–740–                     proposed rulemaking.
                                                                                                                                                              navigable waters before, during, and
                                                7050, or a designated representative via                DATES: Comments and related material                  after the scheduled 9 p.m. to 10 p.m.
                                                VHF radio on channel 16, to request                     must be received by the Coast Guard on                fireworks display. No person or vessel
                                                authorization. If authorization to enter,               or before June 21, 2018.                              would be permitted to enter, transit
                                                transit through, anchor in, or remain                   ADDRESSES: You may submit comments                    through, anchor in, or remain within the
                                                within the regulated area is granted by                 identified by docket number USCG–                     safety zone without obtaining
                                                the Captain of the Port Charleston or a                 2018–0145 using the Federal                           permission from the COTP or a
                                                designated representative, all persons                  eRulemaking Portal at http://                         designated representative. The Coast
                                                and vessels receiving such authorization                www.regulations.gov. See the ‘‘Public                 Guard would provide notice of the
                                                must comply with the instructions of                    Participation and Request for                         safety zone by local notice to mariners,
                                                the Captain of the Port Charleston or a                 Comments’’ portion of the                             broadcast notice to mariners, and on-
                                                designated representative.                              SUPPLEMENTARY INFORMATION section for                 scene designated representatives. The
                                                                                                        further instructions on submitting                    regulatory text we are proposing appears
                                                   (3) The Coast Guard will provide
                                                                                                        comments.                                             at the end of this document.
                                                notice of the regulated area by local
                                                notice to mariners, broadcast notice to                 FOR FURTHER INFORMATION CONTACT:    If                IV. Regulatory Analyses
                                                mariners, and on-scene designated                       you have questions about this proposed
                                                                                                                                                                We developed this proposed rule after
                                                representatives.                                        rulemaking, call or email Lieutenant
                                                                                                                                                              considering numerous statutes and
                                                                                                        Justin Heck, Sector Charleston Office of
                                                   (d) Enforcement Period. This rule will                                                                     Executive Orders related to rulemaking.
                                                                                                        Waterways Management, Coast Guard;
                                                be enforced on July 4, 2018 from 8:15                                                                         Below we summarize our analyses
                                                                                                        telephone (843) 740–3184, email
                                                p.m. until 9:45 p.m.                                                                                          based on a number of these statutes and
                                                                                                        Justin.C.Heck@uscg.mil.
                                                                                                                                                              Executive Orders and we discuss First
                                                  Dated: May 16, 2018.                                  SUPPLEMENTARY INFORMATION:                            Amendment rights of protestors.
                                                J.W. Reed,
                                                                                                        I. Table of Abbreviations                             A. Regulatory Planning and Review
                                                Captain, U.S. Coast Guard, Captain of the
                                                Port, Charleston.                                       CFR Code of Federal Regulations                          Executive Orders 12866 and 13563
                                                [FR Doc. 2018–10930 Filed 5–21–18; 8:45 am]
                                                                                                        DHS Department of Homeland Security                   direct agencies to assess the costs and
                                                                                                        FR Federal Register                                   benefits of available regulatory
                                                BILLING CODE 9110–04–P                                  NPRM Notice of proposed rulemaking
                                                                                                        Pub. L. Public Law
                                                                                                                                                              alternatives and, if regulation is
amozie on DSK3GDR082PROD with PROPOSALS1




                                                                                                        § Section                                             necessary, to select regulatory
                                                                                                        U.S.C. United States Code                             approaches that maximize net benefits.
                                                                                                        COTP Captain of the Port                              Executive Order 13771 directs agencies
                                                                                                                                                              to control regulatory costs through a
                                                                                                        II. Background, Purpose, and Legal                    budgeting process. This NPRM has not
                                                                                                        Basis                                                 been designated a ‘‘significant
                                                                                                          On March 3, 2018, the Marsh Walk                    regulatory action,’’ under Executive
                                                                                                        Group notified the Coast Guard that it                Order 12866. Accordingly, the NPRM


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Document Created: 2018-11-02 11:09:28
Document Modified: 2018-11-02 11:09:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before June 21, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Justin Heck, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation83 FR 23615 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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