83 FR 56768 - Safety Zone for Fireworks Displays; Upper Potomac River, Washington Channel, DC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range		56768-56770
FR Document		2018-24773

The Coast Guard is proposing to establish a temporary safety zone for certain waters of the Upper Potomac River. This action is necessary to provide for the safety of life on these navigable waters of the Washington Channel adjacent to The Wharf DC, Washington, DC, for recurring fireworks displays from January 12, 2019, through December 31, 2019. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)

[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Proposed Rules]
[Pages 56768-56770]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-24773]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1011]
RIN 1625-AA00

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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Upper Potomac River. This action is
necessary to provide for the safety of life on these navigable waters
of the Washington Channel adjacent to The Wharf DC, Washington, DC, for
recurring fireworks displays from January 12, 2019, through December
31, 2019. This proposed rulemaking would prohibit persons and vessels
from being in the safety zone unless authorized by the Captain of the
Port Maryland-National Capital Region or a designated representative.
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before December 14, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-1011 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

On October 30, 2018, Pyrotecnico, Inc., of New Castle, PA, notified
the Coast Guard that it will be conducting fireworks displays,
sponsored by The Wharf DC, from 7 p.m. to 11:59 p.m. for various events
from January 12, 2019, through December 31, 2019. The fireworks are to
be launched from a barge in the Washington Channel, adjacent to The
Wharf DC in Washington, DC. Hazards from the fireworks displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port Maryland-National
Capital Region (COTP) has determined that potential hazards associated
with the fireworks to

[[Page 56769]]

be used in these displays would be a safety concern for anyone within
200 feet of the fireworks barge.
The purpose of this rulemaking is to ensure the safety of vessels
on the navigable waters within 200 feet of the fireworks barge on the
Washington Channel before, during, and after the scheduled events. The
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

The COTP proposes to establish a temporary recurring safety zone in
the Washington Channel from January 12, 2019, through December 31,
2019. The safety zone would cover all navigable waters of the
Washington Channel within 200 feet of the fireworks barge. It is
anticipated that the safety zone will be activated for eight separate
events during 2019. For each event, the barge will be located within an
area bounded on the south by latitude 38[deg]52'30'' W, and bounded on
the north by the Francis Case (I-395) Memorial Bridge, located at
Washington, DC. The safety zone would be enforced from 7 p.m. until
11:59 p.m. for each fireworks display scheduled from January 12, 2019,
through December 31, 2019. The duration of the safety zone is intended
to ensure the safety of vessels and these navigable waters before,
during, and after the scheduled fireworks display. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
duration, and time-of-day of the safety zone. It is anticipated that
the safety zone will be activated for eight separate events during
2019. Although vessel traffic will not be able to safely transit around
this safety zone when being enforced, the impact would be for less than
5 hours during the evening when vessel traffic in Washington Channel is
normally low. Moreover, the Coast Guard will issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the zone.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone that will be in effect for the entire year, however, when
activated, lasting less than 5 hours that

[[Page 56770]]

would prohibit entry within a portion of the Washington Channel.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec. 165.T05-1011 to read as follows:

Sec. 165.T05-1011 Safety Zone for Fireworks Displays, Upper Potomac
River, Washington Channel, Washington, DC.

(a) Location. The following area is a safety zone: All navigable
waters of the Washington Channel within 200 feet of the fireworks barge
which will be located within an area bounded on the south by latitude
38[deg]52'30'' W, and bounded on the north by the southern extent of
the Francis Case (I-395) Memorial Bridge, located at Washington, DC.
All coordinates refer to datum NAD 1983.
(b) Definitions. As used in this section:
(1) Captain of the Port (COTP) means the Commander, U.S. Coast
Guard Sector Maryland-National Capital Region.
(2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
(2) To seek permission to enter, contact the COTP or the COTP's
designated representative by telephone at 410-576-2693 or on Marine
Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio VHF-FM
channel 16 (156.8 MHz).
(3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement. This safety zone will be enforced January 12,
2019, through December 31, 2019, from 7 p.m. to 11:59 p.m. each day
that a barge with a ``FIREWORKS--DANGER--STAY AWAY'' sign on the port
and starboard sides is on-scene or a ``FIREWORKS--DANGER--STAY AWAY''
sign is posted on land adjacent to the shoreline, near the location
described in paragraph (a) of this section. The enforcement times of
this section are subject to change, but the duration of each
enforcement of the zone is expected to be 5 hours or less. Prior to
enforcement, the COTP will provide notice by publishing a Notice of
Enforcement in the Federal Register, as well as issuing a Broadcast
Notice to Mariners.

Dated: November 7, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-24773 Filed 11-13-18; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules 56769

be used in these displays would be a from the requirements of Executive the Paperwork Reduction Act of 1995
safety concern for anyone within 200 Order 13771. (44 U.S.C. 3501–3520).
feet of the fireworks barge. This regulatory action determination
is based on the size, duration, and time- D. Federalism and Indian Tribal
The purpose of this rulemaking is to Governments
ensure the safety of vessels on the of-day of the safety zone. It is
navigable waters within 200 feet of the anticipated that the safety zone will be A rule has implications for federalism
fireworks barge on the Washington activated for eight separate events under Executive Order 13132,
Channel before, during, and after the during 2019. Although vessel traffic will Federalism, if it has a substantial direct
scheduled events. The Coast Guard not be able to safely transit around this effect on the States, on the relationship
proposes this rulemaking under safety zone when being enforced, the between the national government and
authority in 33 U.S.C. 1231. impact would be for less than 5 hours the States, or on the distribution of
during the evening when vessel traffic power and responsibilities among the
III. Discussion of Proposed Rule in Washington Channel is normally low. various levels of government. We have
Moreover, the Coast Guard will issue a analyzed this proposed rule under that
The COTP proposes to establish a
Broadcast Notice to Mariners via VHF– Order and have determined that it is
temporary recurring safety zone in the
FM marine channel 16 about the zone. consistent with the fundamental
Washington Channel from January 12,
federalism principles and preemption
2019, through December 31, 2019. The B. Impact on Small Entities requirements described in Executive
safety zone would cover all navigable
The Regulatory Flexibility Act of Order 13132.
waters of the Washington Channel Also, this proposed rule does not have
1980, 5 U.S.C. 601–612, as amended,
within 200 feet of the fireworks barge. tribal implications under Executive
requires Federal agencies to consider
It is anticipated that the safety zone will Order 13175, Consultation and
the potential impact of regulations on
be activated for eight separate events Coordination with Indian Tribal
small entities during rulemaking. The
during 2019. For each event, the barge Governments, because it would not have
term ‘‘small entities’’ comprises small
will be located within an area bounded a substantial direct effect on one or
businesses, not-for-profit organizations
on the south by latitude 38°52′30″ W, more Indian tribes, on the relationship
that are independently owned and
and bounded on the north by the between the Federal Government and
operated and are not dominant in their
Francis Case (I–395) Memorial Bridge, Indian tribes, or on the distribution of
fields, and governmental jurisdictions
located at Washington, DC. The safety power and responsibilities between the
with populations of less than 50,000.
zone would be enforced from 7 p.m. Federal Government and Indian tribes.
The Coast Guard certifies under 5 U.S.C.
until 11:59 p.m. for each fireworks If you believe this proposed rule has
605(b) that this proposed rule would not
display scheduled from January 12, implications for federalism or Indian
have a significant economic impact on
2019, through December 31, 2019. The tribes, please contact the person listed
a substantial number of small entities.
duration of the safety zone is intended While some owners or operators of in the FOR FURTHER INFORMATION
to ensure the safety of vessels and these vessels intending to transit the safety CONTACT section.
navigable waters before, during, and zone may be small entities, for the
after the scheduled fireworks display. E. Unfunded Mandates Reform Act
reasons stated in section IV.A above,
No vessel or person would be permitted this proposed rule would not have a The Unfunded Mandates Reform Act
to enter the safety zone without significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
obtaining permission from the COTP or vessel owner or operator. Federal agencies to assess the effects of
a designated representative. The If you think that your business, their discretionary regulatory actions. In
regulatory text we are proposing appears organization, or governmental particular, the Act addresses actions
at the end of this document. jurisdiction qualifies as a small entity that may result in the expenditure by a
IV. Regulatory Analyses and that this rule would have a State, local, or tribal government, in the
significant economic impact on it, aggregate, or by the private sector of
We developed this proposed rule after please submit a comment (see $100,000,000 (adjusted for inflation) or
considering numerous statutes and ADDRESSES) explaining why you think it more in any one year. Though this
Executive orders related to rulemaking. qualifies and how and to what degree proposed rule would not result in such
Below we summarize our analyses this rule would economically affect it. an expenditure, we do discuss the
based on a number of these statutes and Under section 213(a) of the Small effects of this rule elsewhere in this
Executive orders and we discuss First Business Regulatory Enforcement preamble.
Amendment rights of protestors. Fairness Act of 1996 (Pub. L. 104–121),
F. Environment
A. Regulatory Planning and Review we want to assist small entities in
understanding this proposed rule. If the We have analyzed this proposed rule
Executive Orders 12866 and 13563 rule would affect your small business, under Department of Homeland
direct agencies to assess the costs and organization, or governmental Security Management Directive 023–01
benefits of available regulatory jurisdiction and you have questions and Commandant Instruction
alternatives and, if regulation is concerning its provisions or options for M16475.lD, which guide the Coast
necessary, to select regulatory compliance, please contact the person Guard in complying with the National
approaches that maximize net benefits. listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42
Executive Order 13771 directs agencies CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a
to control regulatory costs through a not retaliate against small entities that preliminary determination that this
budgeting process. This NPRM has not question or complain about this action is one of a category of actions that
been designated a ‘‘significant proposed rule or any policy or action of do not individually or cumulatively
regulatory action,’’ under Executive the Coast Guard. have a significant effect on the human
Order 12866. Accordingly, the NPRM environment. This proposed rule
has not been reviewed by the Office of C. Collection of Information involves a safety zone that will be in
Management and Budget (OMB), and This proposed rule would not call for effect for the entire year, however, when
pursuant to OMB guidance it is exempt a new collection of information under activated, lasting less than 5 hours that

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Document Created: 2018-11-14 03:32:33
Document Modified: 2018-11-14 03:32:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before December 14, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland- National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected]
FR Citation		83 FR 56768
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 56768 - Safety Zone for Fireworks Displays; Upper Potomac River, Washington Channel, DC

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 220 (November 14, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard