Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67079 

request permission to enter the safety 

zones on VHF–23A or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

Dated: December 19, 2018. 

Anthony J. Ceraolo, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Francisco. 

[FR Doc. 2018–28146 Filed 12–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–1075] 

Safety Zones; Fireworks Displays in 

the Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Penn’s Landing, Delaware River, 

Philadelphia, PA; safety zone from 5:45 

p.m. through 6:45 p.m. on December 31, 

2018, and from 11:45 p.m. on December 

31, 2018, through 12:45 a.m. on January 

1, 2019. This action is necessary to 

ensure safety of life on the navigable 

waters of the United States immediately 

prior to, during, and immediately after 

the fireworks displays. Our regulation 

for safety zones of fireworks displays in 

the Fifth Coast Guard District identifies 

the regulated area for this event at 

Penn’s Landing in Philadelphia, PA. 

During the enforcement periods, vessels 

may not enter, remain in, or transit 

through the safety zones during these 

enforcement periods unless authorized 

by the Captain of the Port or designated 

Coast Guard patrol personnel on scene. 

DATES: The regulations in the table to 33 

CFR 165.506 at (a)(16) will be enforced 

from 5:45 p.m. through 6:45 p.m. on 

December 31, 2018, and from 11:45 p.m. 

on December 31, 2018, through 12:45 

a.m. on January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, you may call or email 

Petty Officer Thomas Welker, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, telephone 215– 

271–4814, email Thomas.J.Welker@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in the 

Table to 33 CFR 165.506, entry (a)(16), 

as effective as of Dec. 19, 2018, for the 

Delaware River Waterfront Corporation 

New Year’s Eve Fireworks displays from 

5:45 p.m. through 6:45 p.m. on 

December 31, 2018, and from 11:45 p.m. 

on December 31, 2018, through 12:45 

a.m. on January 1, 2019. (The Coast 

Guard published a final rule on 

November 18, 2018, amending entry 

(a)(16) to table 33 CFR 165.506 that will 

go into effect on December 19, 2018, 83 

FR 58186.) This action is necessary to 

ensure safety of life on the navigable 

waters of the United States immediately 

prior to, during, and immediately after 

the fireworks displays. Our regulation 

for safety zones of fireworks displays 

within the Fifth Coast Guard District, 

table to § 165.506, entry (a)(16) specifies 

the location of the regulated area as all 

waters of Delaware River, adjacent to 

Penn’s Landing, Philadelphia, PA, 

within 500 yards of a fireworks barge at 

approximate position latitude 39°56′49′′ 

N, longitude 075°08′11′′ W. During the 

enforcement periods, as reflected in 

§ 165.506(d), vessels may not enter, 

remain in, or transit through the safety 

zones during these enforcement periods 

unless authorized by the Captain of the 

Port or designated Coast Guard patrol 

personnel on scene. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via broadcast notice to mariners. 

Dated: December 20, 2018. 

Scott E. Anderson, 

Captain, U.S. Coast Guard, Captain of the 

Port, Delaware Bay. 

[FR Doc. 2018–28246 Filed 12–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–1021] 

RIN 1625–AA00 

Safety Zone for Fireworks Display; Spa 

Creek, Annapolis, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of Spa Creek. This action 

is necessary to provide for the safety of 

life on these navigable waters of Spa 

Creek at Annapolis, MD, for a fireworks 

display on December 31, 2018. This 

regulation prohibits 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 11 

p.m. on December 31, 2018, through 1 

a.m. on January 1, 2019. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2018– 

1021 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 about this rule, 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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On October 17, 2018, Pyrotecnico, 

Inc., of New Castle, PA, notified the 

Coast Guard that it will be conducting 

a fireworks display from 11:55 p.m. on 

December 31, 2018, to 12:30 a.m. on 

January 1, 2019, sponsored by the City 

of Annapolis, MD. The fireworks are to 

be launched from a barge in Spa Creek, 

in Annapolis, MD. Additional details 

were received on November 5, 2018. In 

response, on November 27, 2018, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

‘‘Safety Zone for Fireworks Display; Spa 

Creek, Annapolis, MD’’ (83 FR 60802). 

There we stated why we issued the 

NPRM, and invited comments on our 

proposed regulatory action related to 

this fireworks display. During the 

comment period that ended December 

12, 2018, we received seven comments. 

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 impracticable and 

contrary to the public interest because 

immediate action is needed to mitigate 

the potential safety hazards associated 

with a fireworks display in this location. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 


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67080 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 

Captain of the Port (COTP) MarylandNCR has determined that potential 

hazards associated with the planned 

fireworks display on December 31, 

2018, will be a safety concern for 

anyone within a 400-foot radius of the 

fireworks barge. This rule is needed to 

ensure safety of vessels on the navigable 

waters within 400 feet of the fireworks 

barge on Spa Creek before, during, and 

after the scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received 7 public 

submissions to the docket responding to 

our NPRM published November 27, 

2018. We thank all of the commenters 

for taking time to review the NPRM and 

submit comments regarding this action. 

The majority of commenters 

expressed support for the rule, but there 

were some concerns. Below in this 

section we have presented our 

summaries of comments in italics, and 

have stated our responses after each 

summary. 

Winds during winter could carry 

burning embers and projectiles farther 

than the 400 feet distance established 

for the zone. The 400 feet from the 

fireworks barge is an insufficient 

distance and the safety zone should be 

increased in size. 

The minimum safe distance from the 

fireworks barge used by the Coast Guard 

to determine the size of the safety zone 

is based on industry standards for 

outdoor aerial fireworks set by the 

National Fire Protection Association 

(NFPA). The NFPA standard for this 

fireworks display is 280 feet from the 

discharge site. At the request of the 

contracted fireworks company, 

Pyrotecnico, the Coast Guard is using 

400 feet for the size of its safety zone, 

which is an increase of more than 40 

percent above the safe distance set by 

the NFPA. 

Like people and property, the 

protection of wildlife should be 

considered and any fireworks that end 

up in the waterway should be recovered 

and disposed of following the display. 

After completing the required analysis 

for the rule, the Coast Guard has 

determined that this rulemaking will 

not have a significant effect on the 

human environment. In accordance 

with applicable environmental laws, 

this analysis is of the action being taken 

by the Coast Guard, the creation of the 

safety zone, not the underlying 

triggering event—the fireworks, which 

appear to be the commenter’s source of 

concern with respect to wildlife. The 

Coast Guard agrees that considering the 

effects of fireworks on the environment 

is important; however, it is up to the 

event sponsor to determine the 

appropriate level of clean up for falling 

debris and the potential impact of the 

fireworks on wildlife. 

There are no changes in the regulatory 

text of this rule from the proposed rule 

in the NPRM. 

This rule establishes a temporary 

safety zone from 11 p.m. on December 

31, 2018, through 1 a.m. on January 1, 

2019. The safety zone will cover all 

navigable waters within 400 feet of the 

fireworks barge in Spa Creek located 

within 400 feet of the fireworks barge in 

approximate position latitude 

38°58′32.48′′ N, longitude 076°28′57.55′′ 

W, located at Annapolis, MD. 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 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 

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 rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 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 Executive 

Order 13771. 

This regulatory action determination 

is based on the size, duration, and timeof-day of the safety zone. This zone 

covers the entire navigable channel. 

Although vessel traffic will not be able 

to safely transit around this safety zone, 

the impact will be for 2 hours during the 

evening when vessel traffic in Spa Creek 

is normally low. 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 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 rule under that Order and 

have determined that it is consistent 


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Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67081 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

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 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

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 2 hours that prohibits entry 

within a portion of Spa Creek. 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 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 

■ 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. 

■ 2. Add § 165.T05–1021 to read as 

follows: 

§ 165.T05–1021 Safety Zone for Fireworks 

Display; Spa Creek, Annapolis, MD. 

(a) Location. The following area is a 

safety zone: All navigable waters of Spa 

Creek within 400 feet of the fireworks 

barge in approximate position latitude 

38°58′32.48′′ N, longitude 076°28′57.55′′ 

W, located at Annapolis, MD. 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 period. This section 

will be enforced from 11 p.m. on 

December 31, 2018 through 1 a.m. on 

January 1, 2019. 

Dated: December 21, 2018, 

Joseph B. Loring, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2018–28245 Filed 12–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–1105] 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the following segment of the Safety 

Zone: Brandon Road Lock and Dam to 

Lake Michigan including Des Plaines 

River, Chicago Sanitary and Ship Canal, 

Chicago River, and CalumetSaganashkee Channel on all waters of 

the Chicago Sanitary and Ship Canal 

between Mile Marker 296.1 to Mile 

Marker 296.7 at specified times from 

December 21, 2018 until February 8, 

2019. This action is necessary to protect 

the waterway and vessels from the 

potential hazards associated with 

maintenance operations being 

conducted by the U.S. Army Corps of 

Engineers at the U.S. Army Corps of 

Engineer’s Electric Dispersal Barrier. 

DATES: The regulations in 33 CFR 

165.930 will be enforced each Monday 

through Friday, from 7 a.m. until 5 p.m., 

without actual notice from December 

28, 2018 until February 8, 2019. For 

purposes of enforcement, actual notice 

will be used from December 21, 2018 

until December 28, 2018. 

FOR FURTHER INFORMATION CONTACT: Call 

or email LT John Ramos (Waterways 

Management Division Chief, Marine 

Safety Unit Chicago, U.S. Coast Guard) 

if you have questions about this notice 

of enforcement; telephone 630–986– 

2155; email address D09-DGMSUChicago-Waterways@uscg.mil. 


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