83_FR_24544 83 FR 24441 - Safety Zone; City of North Charleston Fireworks, North Charleston, SC

83 FR 24441 - Safety Zone; City of North Charleston Fireworks, North Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range24441-24443
FR Document2018-11474

The Coast Guard proposes to establish a temporary safety zone for certain navigable waters of the Cooper River in North 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 103 (Tuesday, May 29, 2018)
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Proposed Rules]
[Pages 24441-24443]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11474]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0171]
RIN 1625-AA00


Safety Zone; City of North Charleston Fireworks, North 
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 the Cooper River in North 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 28, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0171 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 23, 2018, the City of North Charleston notified the 
Coast Guard that it will be conducting a fireworks display from 10 p.m. 
to 11 p.m. on July 4, 2018. The fireworks are to be launched from a 
barge along the bank of the Cooper River at River Front Park in North 
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 9:45 p.m. to 
11:15 p.m. on July 4, 2018. The safety zone would cover all navigable 
waters within 500 yards of the fireworks barge located at River Front 
Park on the Cooper River in North 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 10 p.m. to 11 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 
regulatory text we are proposing appears at the end of this document. 
The Coast Guard would provide notice of the safety zone by Local Notice 
to Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

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

[[Page 24442]]

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 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 will 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. 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 will 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

[[Page 24443]]

without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    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.T07-0171 to read as follows:


Sec.  165.T07-0171  Safety Zone; City of North Charleston Fireworks, 
North 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 on the bank of the Cooper River at River Front Park in North 
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 9:45 p.m. until 11:15 p.m.

    Dated: May 16, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2018-11474 Filed 5-25-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                          Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Proposed Rules                                          24441

                                                 applicable. Provide a list of those                     DEPARTMENT OF HOMELAND                                Guard that it will be conducting a
                                                 notified, the concerns raised and the                   SECURITY                                              fireworks display from 10 p.m. to 11
                                                 mitigations made to address the                                                                               p.m. on July 4, 2018. The fireworks are
                                                 concerns:                                               Coast Guard                                           to be launched from a barge along the
                                                    a. Tenants, FBOs, airlines, and local                                                                      bank of the Cooper River at River Front
                                                 users (e.g., DOD, etc.).                                33 CFR Part 165                                       Park in North Charleston, SC. Hazards
                                                    b. Air traffic control tower.                                                                              from firework displays include
                                                                                                         [Docket Number USCG–2018–0171]
                                                    c. Local aviation organizations.                                                                           accidental discharge of fireworks,
                                                    d. Airport security and local law                    RIN 1625–AA00                                         dangerous projectiles, and falling hot
                                                 enforcement agencies.                                                                                         embers or other debris. The Captain of
                                                    e. Flight Standards District Office.                 Safety Zone; City of North Charleston                 the Port Charleston (COTP) has
                                                    12. An explanation of how the event                  Fireworks, North Charleston, SC                       determined that potential hazards
                                                 benefits the airport and is compliant                                                                         associated with the fireworks to be used
                                                 with the FAA Policy on Revenue Use.                     AGENCY:   Coast Guard, DHS.
                                                                                                                                                               in this display would be a safety
                                                    a. For an event proposed by a                        ACTION:   Notice of proposed rulemaking.
                                                                                                                                                               concern for anyone within a 500-yard
                                                 commercial/for-profit party:                                                                                  radius of the barge.
                                                    i. Financial benefits must be equal to               SUMMARY:   The Coast Guard proposes to
                                                                                                         establish a temporary safety zone for                    The purpose of this rulemaking is to
                                                 at least the fair market value of the                                                                         ensure the safety of vessels and the
                                                 subject property use.                                   certain navigable waters of the Cooper
                                                                                                         River in North Charleston, SC. This                   navigable waters within a 500-yard
                                                    ii. In-kind services or benefits must be
                                                                                                         action is necessary to provide for the                radius of the fireworks barge before,
                                                 equivalent to FMV compensation.
                                                    iii. Airport revenue cannot be used                  safety of the general public, spectators,             during, and after the scheduled event.
                                                 toward conducting the event (e.g., use of               vessels, and the marine environment                   The Coast Guard proposes this
                                                 airport staff must be reimbursed,                       from potential hazards during a                       rulemaking under authority in 33 U.S.C.
                                                 equipment rental, advertisement of the                  fireworks display. This proposed                      1231.
                                                 event cannot be funded in part or whole                 rulemaking would prohibit persons and                 III. Discussion of Proposed Rule
                                                 by the airport).                                        vessels from entering, transiting
                                                                                                                                                                  The COTP proposes to establish a
                                                    iv. The event should also generate                   through, anchoring in, or remaining
                                                                                                                                                               safety zone from 9:45 p.m. to 11:15 p.m.
                                                 intangible benefits for the airport such                within the safety zone unless authorized
                                                                                                                                                               on July 4, 2018. The safety zone would
                                                 as community goodwill and community                     by the Captain of the Port Charleston
                                                                                                                                                               cover all navigable waters within 500
                                                 interest.                                               (COTP) or a designated representative.
                                                    b. For an event organized by a non-                                                                        yards of the fireworks barge located at
                                                                                                         We invite your comments on this
                                                 profit/charitable organization or by the                                                                      River Front Park on the Cooper River in
                                                                                                         proposed rulemaking.
                                                 airport sponsor itself on its own behalf.                                                                     North Charleston, SC. The duration of
                                                                                                         DATES: Comments and related material                  the zone is intended to ensure the safety
                                                 In all non-profit nonaeronautical cases                 must be received by the Coast Guard on
                                                 there needs to be a benefit to the airport                                                                    of vessels and these navigable waters
                                                                                                         or before June 28, 2018.                              before, during, and after the scheduled
                                                 that clearly outweighs the loss or
                                                                                                         ADDRESSES: You may submit comments                    10 p.m. to 11 p.m. fireworks display. No
                                                 displacement of aeronautical activities.
                                                                                                         identified by docket number USCG–                     vessel or person would be permitted to
                                                 Examples of benefits to the airport may
                                                                                                         2018–0171 using the Federal                           enter, transit through, anchor in, or
                                                 include:
                                                                                                         eRulemaking Portal at http://                         remain within the safety zone without
                                                    i. Advertising for the airport included
                                                                                                         www.regulations.gov. See the ‘‘Public                 obtaining permission from the COTP or
                                                 in the event advertising at no cost to the
                                                                                                         Participation and Request for                         a designated representative. The
                                                 airport.
                                                    ii. A percentage of ticket sales paid to             Comments’’ portion of the                             regulatory text we are proposing appears
                                                                                                         SUPPLEMENTARY INFORMATION section for                 at the end of this document. The Coast
                                                 the airport.
                                                    iii. Intangible benefits (e.g.,                      further instructions on submitting                    Guard would provide notice of the
                                                 community goodwill, increasing local                    comments.                                             safety zone by Local Notice to Mariners,
                                                 awareness of the airport, encouraging                   FOR FURTHER INFORMATION CONTACT:    If                Broadcast Notice to Mariners, and on-
                                                 local and community support of the                      you have questions about this proposed                scene designated representatives.
                                                 airport, generating an interest in airport              rulemaking, call or email Lieutenant                  IV. Regulatory Analyses
                                                 use).                                                   Justin Heck, Sector Charleston Office of
                                                    c. For events proposed by a party                                                                            We developed this proposed rule after
                                                                                                         Waterways Management, Coast Guard;
                                                 other than the airport sponsor, the event                                                                     considering numerous statutes and
                                                                                                         telephone (843) 740–3184, email
                                                 proponent should assume the costs of                                                                          Executive orders related to rulemaking.
                                                                                                         Justin.C.Heck@uscg.mil.
                                                 the event, e.g., equipment rental,                                                                            Below we summarize our analyses
                                                                                                         SUPPLEMENTARY INFORMATION:                            based on a number of these statutes and
                                                 advertisement of the event, staffing, and
                                                 restoration of facilities to pre-event                  I. Table of Abbreviations                             Executive orders and we discuss First
                                                 conditions.                                                                                                   Amendment rights of protestors.
                                                                                                         CFR Code of Federal Regulations
                                                    13. Approval of the closure of airport               DHS Department of Homeland Security                   A. Regulatory Planning and Review
                                                 facilities for a nonaeronautical event is               FR Federal Register                                      Executive Orders 12866 and 13563
                                                 a Federal action that requires                          NPRM Notice of proposed rulemaking
                                                                                                         Pub. L. Public Law
                                                                                                                                                               direct agencies to assess the costs and
                                                 environmental review.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                         § Section                                             benefits of available regulatory
                                                   Issued in Washington, DC, on May 23,                                                                        alternatives and, if regulation is
                                                                                                         U.S.C. United States Code
                                                 2018.                                                                                                         necessary, to select regulatory
                                                                                                         COTP Captain of the Port
                                                 Kevin C. Willis,                                                                                              approaches that maximize net benefits.
                                                 Director, Office of Airport Compliance and              II. Background, Purpose, and Legal                    Executive Order 13771 directs agencies
                                                 Management Analysis.                                    Basis                                                 to control regulatory costs through a
                                                 [FR Doc. 2018–11466 Filed 5–25–18; 8:45 am]              On February 23, 2018, the City of                    budgeting process. This NPRM has not
                                                 BILLING CODE 4910–13–P                                  North Charleston notified the Coast                   been designated a ‘‘significant


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                                                 24442                    Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Proposed Rules

                                                 regulatory action,’’ under Executive                    we want to assist small entities in                   F. Environment
                                                 Order 12866. Accordingly, the NPRM                      understanding this proposed rule. If the                 We have analyzed this proposed rule
                                                 has not been reviewed by the Office of                  rule would affect your small business,                under Department of Homeland
                                                 Management and Budget (OMB), and                        organization, or governmental                         Security Management Directive 023–01
                                                 pursuant to OMB guidance it is exempt                   jurisdiction and you have questions                   and Commandant Instruction
                                                 from the requirements of Executive                      concerning its provisions or options for              M16475.lD, which guide the Coast
                                                 Order 13771.                                            compliance, please contact the person                 Guard in complying with the National
                                                    This regulatory action determination                 listed in the FOR FURTHER INFORMATION                 Environmental Policy Act of 1969 (42
                                                 is based on the size, location, duration,               CONTACT section. The Coast Guard will
                                                 and time-of-day of the safety zone. The                                                                       U.S.C. 4321–4370f), and have made a
                                                                                                         not retaliate against small entities that             preliminary determination that this
                                                 safety zone will only be enforced for an                question or complain about this
                                                 hour and a half, and although persons                                                                         action is one of a category of actions that
                                                                                                         proposed rule or any policy or action of              do not individually or cumulatively
                                                 and vessels may not enter, transit                      the Coast Guard.
                                                 through, anchor in, or remain within the                                                                      have a significant effect on the human
                                                 safety zone without authorization from                  C. Collection of Information                          environment. This proposed rule
                                                 the Captain of the Port Charleston or a                                                                       involves a safety zone lasting an hour
                                                                                                           This proposed rule would not call for               and a half that would prohibit entry
                                                 designated representative, vessel traffic               a new collection of information under
                                                 would be able to safely operate in the                                                                        within 500 yards of a barge from which
                                                                                                         the Paperwork Reduction Act of 1995                   fireworks will be launched. Normally
                                                 surrounding area during the                             (44 U.S.C. 3501–3520).
                                                 enforcement period and the rule would                                                                         such actions are categorically excluded
                                                 allow vessels to seek permission to enter               D. Federalism and Indian Tribal                       from further review under paragraph L
                                                 the zone. Moreover, the Coast Guard                     Governments                                           60(a) of Appendix A, Table 1 of DHS
                                                 will provide advance notification of the                                                                      Instruction Manual 023–01–001–01,
                                                                                                            A rule has implications for federalism             Rev. 01. A preliminary Record of
                                                 safety zone to the local maritime                       under Executive Order 13132,
                                                 community by Local Notice to Mariners                                                                         Environmental Consideration
                                                                                                         Federalism, if it has a substantial direct            supporting this determination is
                                                 and Broadcast Notice to Mariners via                    effect on the States, on the relationship
                                                 VHF–FM marine channel 16.                                                                                     available in the docket where indicated
                                                                                                         between the national government and                   under ADDRESSES. We seek any
                                                 B. Impact on Small Entities                             the States, or on the distribution of                 comments or information that may lead
                                                    The Regulatory Flexibility Act of                    power and responsibilities among the                  to the discovery of a significant
                                                 1980, 5 U.S.C. 601–612, as amended,                     various levels of government. We have                 environmental impact from this
                                                 requires Federal agencies to consider                   analyzed this proposed rule under that                proposed rule.
                                                 the potential impact of regulations on                  Order and have determined that it is
                                                                                                         consistent with the fundamental                       G. Protest Activities
                                                 small entities during rulemaking. The
                                                 term ‘‘small entities’’ comprises small                 federalism principles and preemption                    The Coast Guard respects the First
                                                 businesses, not-for-profit organizations                requirements described in Executive                   Amendment rights of protesters.
                                                 that are independently owned and                        Order 13132.                                          Protesters are asked to contact the
                                                 operated and are not dominant in their                     Also, this proposed rule does not have             person listed in the FOR FURTHER
                                                 fields, and governmental jurisdictions                  tribal implications under Executive                   INFORMATION CONTACT section to
                                                 with populations of less than 50,000.                   Order 13175, Consultation and                         coordinate protest activities so that your
                                                 The Coast Guard certifies under 5 U.S.C.                Coordination with Indian Tribal                       message can be received without
                                                 605(b) that this proposed rule would not                Governments, because it would not have                jeopardizing the safety or security of
                                                 have a significant economic impact on                   a substantial direct effect on one or                 people, places, or vessels.
                                                 a substantial number of small entities.                 more Indian tribes, on the relationship
                                                                                                         between the Federal Government and                    V. Public Participation and Request for
                                                    We have considered the impact of this                                                                      Comments
                                                 proposed rule on small entities. This                   Indian tribes, or on the distribution of
                                                 rule may affect the following entities,                 power and responsibilities between the                   We view public participation as
                                                 some of which may be small entities:                    Federal Government and Indian tribes.                 essential to effective rulemaking, and
                                                 The owner or operators of vessels                       If you believe this proposed rule has                 will consider all comments and material
                                                 intending to enter, transit through,                    implications for federalism or Indian                 received during the comment period.
                                                 anchor in, or remain within the                         tribes, please contact the person listed              Your comment can help shape the
                                                 regulated area during the enforcement                   in the FOR FURTHER INFORMATION                        outcome of this rulemaking. If you
                                                 period. For the reasons stated in section               CONTACT section.                                      submit a comment, please include the
                                                 IV.A. above, this proposed rule would                                                                         docket number for this rulemaking,
                                                                                                         E. Unfunded Mandates Reform Act
                                                 not have a significant economic impact                                                                        indicate the specific section of this
                                                 on a substantial number of small                           The Unfunded Mandates Reform Act                   document to which each comment
                                                 entities.                                               of 1995 (2 U.S.C. 1531–1538) requires                 applies, and provide a reason for each
                                                    If you think that your business,                     Federal agencies to assess the effects of             suggestion or recommendation.
                                                 organization, or governmental                           their discretionary regulatory actions. In               We encourage you to submit
                                                 jurisdiction qualifies as a small entity                particular, the Act addresses actions                 comments through the Federal
                                                 and that this rule would have a                         that may result in the expenditure by a               eRulemaking Portal at http://
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                                                 significant economic impact on it,                      State, local, or tribal government, in the            www.regulations.gov. If your material
                                                 please submit a comment (see                            aggregate, or by the private sector of                cannot be submitted using http://
                                                 ADDRESSES) explaining why you think it                  $100,000,000 (adjusted for inflation) or              www.regulations.gov, contact the person
                                                 qualifies and how and to what degree                    more in any one year. Though this                     in the FOR FURTHER INFORMATION
                                                 this rule would economically affect it.                 proposed rule would not result in such                CONTACT section of this document for
                                                    Under section 213(a) of the Small                    an expenditure, we do discuss the                     alternate instructions.
                                                 Business Regulatory Enforcement                         effects of this rule elsewhere in this                   We accept anonymous comments. All
                                                 Fairness Act of 1996 (Pub. L. 104–121),                 preamble.                                             comments received will be posted


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                                                                          Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Proposed Rules                                           24443

                                                 without change to http://                               remain within the regulated area may                  Participation and Request for
                                                 www.regulations.gov and will include                    contact the Captain of the Port                       Comments’’ portion of the
                                                 any personal information you have                       Charleston by telephone at 843–740–                   SUPPLEMENTARY INFORMATION section for
                                                 provided. For more about privacy and                    7050, or a designated representative via              further instructions on submitting
                                                 the docket, you may review a Privacy                    VHF radio on channel 16, to request                   comments.
                                                 Act notice regarding the Federal Docket                 authorization. If authorization to enter,             FOR FURTHER INFORMATION CONTACT: If
                                                 Management System in the March 24,                      transit through, anchor in, or remain                 you have questions about this proposed
                                                 2005, issue of the Federal Register (70                 within the regulated area is granted by               rulemaking, call or email LCDR Laura
                                                 FR 15086).                                              the Captain of the Port Charleston or a               Springer, Waterways Management
                                                   Documents mentioned in this NPRM                      designated representative, all persons                Division, Marine Safety Unit Portland,
                                                 as being available in the docket, and all               and vessels receiving such authorization              U.S. Coast Guard; telephone 503–240–
                                                 public comments, will be in our online                  must comply with the instructions of                  9319, email msupdxwwm@uscg.mil.
                                                 docket at http://www.regulations.gov                    the Captain of the Port Charleston or a               SUPPLEMENTARY INFORMATION:
                                                 and can be viewed by following that                     designated representative.
                                                 website’s instructions. Additionally, if                   (3) The Coast Guard will provide                   I. Table of Abbreviations
                                                 you go to the online docket and sign up                 notice of the regulated area by Local                 CFR Code of Federal Regulations
                                                 for email alerts, you will be notified                  Notice to Mariners, Broadcast Notice to               DHS Department of Homeland Security
                                                 when comments are posted or a final                     Mariners, and on-scene designated                     FR Federal Register
                                                 rule is published.                                      representatives.                                      NPRM Notice of proposed rulemaking
                                                                                                            (d) Enforcement Period. This rule will             § Section
                                                 List of Subjects in 33 CFR Part 165                                                                           U.S.C. United States Code
                                                                                                         be enforced on July 4, 2018 from 9:45
                                                   Harbors, Marine safety, Navigation                    p.m. until 11:15 p.m.                                 II. Background, Purpose, and Legal
                                                 (water), Reporting and recordkeeping                                                                          Basis
                                                                                                           Dated: May 16, 2018.
                                                 requirements, Security measures,
                                                                                                         J.W. Reed,                                               On April 17, 2018, the City of Lake
                                                 Waterways.
                                                                                                         Captain, U.S. Coast Guard, Captain of the             Oswego notified the Coast Guard that it
                                                   For the reasons discussed in the                      Port, Charleston.                                     will be conducting a fireworks display
                                                 preamble, the Coast Guard proposes to
                                                                                                         [FR Doc. 2018–11474 Filed 5–25–18; 8:45 am]           from 10 p.m. to 10:30 p.m. on July 4,
                                                 amend 33 CFR part 165 as follows:
                                                                                                         BILLING CODE 9110–04–P                                2018, to commemorate Independence
                                                 PART 165—REGULATED NAVIGATION                                                                                 Day. The fireworks will launch from a
                                                 AREAS AND LIMITED ACCESS AREAS                                                                                barge in the Willamette River
                                                                                                         DEPARTMENT OF HOMELAND                                approximately 150 yards east of George
                                                 ■ 1. The authority citation for part 165                SECURITY                                              Rodgers Park in Lake Oswego, OR.
                                                 continues to read as follows:                                                                                 Hazards from firework displays include
                                                                                                         Coast Guard                                           accidental discharge of fireworks,
                                                   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;                                                                     dangerous projectiles, and falling hot
                                                                                                         33 CFR Part 165                                       embers or other debris. The Captain of
                                                 Department of Homeland Security Delegation
                                                 No. 0170.1.                                             [Docket Number USCG–2018–0380]                        the Port Columbia River has determined
                                                 ■ 2. Add a temporary § 165.T07–0171 to                                                                        that potential hazards associated with
                                                                                                         RIN 1625–AA00                                         the fireworks in this display are a safety
                                                 read as follows:
                                                                                                                                                               concern for anyone within a 450-yard
                                                 § 165.T07–0171 Safety Zone; City of North               Safety Zone; Willamette River, Lake                   radius of the barge.
                                                 Charleston Fireworks, North Charleston,                 Oswego, OR                                               The purpose of this rulemaking is to
                                                 SC.                                                                                                           ensure the safety of vessels and the
                                                                                                         AGENCY:   Coast Guard, DHS.
                                                    (a) Location. This rule establishes a                                                                      navigable waters within a 450-yard
                                                 safety zone on all waters within a 500-                 ACTION:   Notice of proposed rulemaking.
                                                                                                                                                               radius of the fireworks barge before,
                                                 yard radius of the barge, from which                    SUMMARY:   The Coast Guard proposes to                during, and after the scheduled event.
                                                 fireworks will be launched on the bank                  establish a temporary safety zone for                 The Coast Guard proposes this
                                                 of the Cooper River at River Front Park                 certain waters of the Willamette River                rulemaking under authority in 33 U.S.C.
                                                 in North Charleston, SC.                                near Lake Oswego, OR. This action is                  1231.
                                                    (b) Definition. The term ‘‘designated                necessary to provide for the safety of life
                                                 representative’’ means Coast Guard                                                                            III. Discussion of Proposed Rule
                                                                                                         on these navigable waters during a
                                                 Patrol Commanders, including Coast                      fireworks display on July 4, 2018. This                  The Captain of the Port Columbia
                                                 Guard coxswains, petty officers, and                    proposed rulemaking would prohibit                    River proposes to establish a safety zone
                                                 other officers operating Coast Guard                    persons and vessels from being in the                 from 9 p.m. to 11:30 p.m. on July 4,
                                                 vessels, and Federal, state, and local                  safety zone unless authorized by the                  2018. The safety zone would cover all
                                                 officers designated by or assisting the                 Captain of the Port Columbia River or a               navigable waters of the Willamette River
                                                 Captain of the Port Charleston in the                   designated representative. We invite                  within 450-yards of a barge located at
                                                 enforcement of the regulated areas.                     your comments on this proposed                        45°24′37.46″ N, 122°39′29.70″ W, in
                                                    (c) Regulations.                                     rulemaking.                                           vicinity of George Rogers Park in Lake
                                                    (1) All persons and vessels are                                                                            Oswego, OR. The duration of the zone
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 prohibited from entering, transiting                    DATES:  Comments and related material                 is intended to ensure the safety of
                                                 through, anchoring in, or remaining                     must be received by the Coast Guard on                vessels and these navigable waters
                                                 within the regulated area unless                        or before June 13, 2018.                              before, during, and after the scheduled
                                                 authorized by the Captain of the Port                   ADDRESSES: You may submit comments                    10 p.m. to 10:30 p.m. fireworks display.
                                                 Charleston or a designated                              identified by docket number USCG–                     No vessel or person would be permitted
                                                 representative.                                         2018–0380 using the Federal                           to enter the safety zone without
                                                    (2) Persons and vessels desiring to                  eRulemaking Portal at http://                         obtaining permission from the COTP or
                                                 enter, transit through, anchor in, or                   www.regulations.gov. See the ‘‘Public                 a designated representative. The


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Document Created: 2018-05-26 00:48:39
Document Modified: 2018-05-26 00:48:39
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 28, 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 24441 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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