[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Rules and Regulations]
[Pages 14367-14369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06888]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0182]
RIN 1625-AA00


Safety Zone; Recurring Fireworks Display Within the Fifth Coast 
Guard District

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Upper Potomac River. This action is necessary to 
provide for the safety of life on navigable waters during the National 
Cherry Blossom Festival fireworks display in the Washington Channel, 
Washington, DC, on April 7, 2018. This rulemaking will prohibit persons 
and vessels from entering the safety zone unless authorized by the 
Captain of the Port Maryland-National Capital Region or a designated 
representative.

DATES: This rule is effective from 8 p.m. on April 7, 2018 through 9:30 
p.m. on April 8, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0182 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, Sector Maryland-National Capital Region 
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On January 9, 2018, and February 2, 2018, the Coast Guard was 
notified by the event sponsor that a change of location was necessary 
to that currently listed for the annually scheduled National Cherry 
Blossom Festival fireworks display in 33 CFR 165.506. Entry (b)(1) in 
the Table to 33 CFR 165.506 for Recurring Fireworks Displays within the 
Fifth Coast Guard District specifies the location of the regulated area 
for this safety zone as a circular shaped area that includes all waters 
of the Upper Potomac River, within 170 yard radius of the fireworks 
barge in approximate position latitude 38[deg]52'20.3'' N, longitude 
077[deg]01'17.5'' W, located within the Washington Channel, at 
Washington Harbor, DC. The location of the fireworks display for this 
year is changed approximately 1,000 yards upstream and its size is 
reduced, to include all waters of the Washington Channel within 200 
feet of the fireworks barge in approximate position latitude 
38[deg]52'45.49'' N, longitude 077[deg]01'41.06'' W, located in 
Washington, DC. Hazards from fireworks displays include accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris. The COTP has determined that potential hazards 
associated with the fireworks to be used in this display would be a 
safety concern for anyone within 200 feet of the fireworks barge.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to

[[Page 14368]]

comment when the agency for good cause finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists 
for not publishing a notice of proposed rulemaking (NPRM) with respect 
to this rule because it is impracticable to provide a sufficient 
comment period and maintain the event as scheduled for April 7, 2018.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to public interest because immediate action 
is needed to respond to the potential safety hazards associated with a 
fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
the fireworks to be used in this April 7, 2018 display will be a safety 
concern for anyone on the Washington Channel near The Wharf DC. The 
purpose of this rulemaking is to ensure the safety of vessels and the 
navigable waters in the safety zone before, during, and after the 
scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 p.m. until 9:30 p.m. on 
April 7, 2018, and if necessary due to inclement weather, from 8 p.m. 
until 9:30 p.m. on April 8, 2018. The safety zone will cover all 
navigable waters of the Washington Channel within 200 feet of the 
fireworks barge in approximate position latitude 38[deg]52'45.49'' N, 
longitude 077[deg]01'41.06'' W, located at Washington, DC. The duration 
of the safety zone is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 8:30 
p.m. fireworks display. No vessel or person will be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O. 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. 
E.O. 13771 directs agencies to control regulatory costs through a 
budgeting process. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, this rule has not 
been reviewed by the Office of Management and Budget (OMB), and 
pursuant to OMB guidance it is exempt from the requirements of E.O. 
13771.
    This regulatory action determination is based on the size, 
duration, time-of-year, and time-of-day of the safety zone. Although 
vessel traffic will not be able to safely transit around this safety 
zone, the impact will be for less than 2 hours during the late 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 rule 
will 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 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will 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 E.O. 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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does 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 rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, which guides the Coast Guard in complying with the 
National Environmental Policy Act of

[[Page 14369]]

1969 (42 U.S.C. 4321-4370f), and have determined 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 rule involves 
a safety zone lasting less than 2 hours that will prohibit entry within 
a portion of the Washington Channel. It is 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 Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

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.

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 amends 
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.T05-0182 to read as follows:


Sec.  165.T05-0182  Safety Zone; Recurring Fireworks Display Within the 
Fifth Coast Guard District.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Washington Channel, within 200 feet of the fireworks 
barge in approximate position latitude 38[deg]52'45.49'' N, longitude 
077[deg]01'41.06'' W, located at Washington, DC. All coordinates refer 
to datum NAD 1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port means the Commander, U.S. Coast Guard 
Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to assist in enforcing the safety 
zone described in paragraph (b) of this section.
    (c) Regulations. The general safety zone regulations found in 33 
CFR 165 subpart C apply to the safety zone created by this section.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Maryland-National 
Capital Region. All vessels underway within this safety zone at the 
time it is implemented are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone must 
first obtain authorization from the Captain of the Port Maryland-
National Capital Region or designated representative. To request 
permission to transit the area, the Captain of the Port Maryland-
National Capital Region and or designated representatives can be 
contacted at telephone number 410-576-2693 or on Marine Band Radio VHF-
FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this 
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 
MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, 
State, or local agency vessel, by siren, radio, flashing light, or 
other means, the operator of a vessel shall proceed as directed. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port Maryland-National Capital 
Region or designated representative and proceed as directed while 
within the zone.
    (4) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the safety zone by Federal, State, and 
local agencies.
    (d) Enforcement period. This section will be enforced from 8 p.m. 
until 9:30 p.m. on April 7, 2018, and if necessary due to inclement 
weather, from 8 p.m. until 9:30 p.m. on April 8, 2018.

    Dated: March 29, 2018
L. P. Harrison, Jr.,
Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital 
Region.
[FR Doc. 2018-06888 Filed 4-3-18; 8:45 am]
 BILLING CODE 9110-04-P


