[Federal Register Volume 63, Number 240 (Tuesday, December 15, 1998)]
[Rules and Regulations]
[Pages 68999-69000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33081]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-98-100]
RIN 2115-AE46


Special Local Regulations for Marine Events; Patapsco River, 
Baltimore, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being adopted for the 
Baltimore New Year's Eve Extravaganza Fireworks display to be held over 
the waters of the Patapsco River, Baltimore, Maryland. These 
regulations are needed to protect spectator craft and other vessels 
transiting the event area from the dangers associated with the event. 
This action is intended to enhance the safety of life and property 
during the event.

DATES: This temporary final rule is effective from 11:30 p.m. on 
December 31, 1998 to 12:30 a.m. on January 2, 1999. For rain dates, 
refer to the regulatory text set out in this rule.

FOR FURTHER INFORMATION CONTACT:
Chief Warrant Office R. Houck, Marine Events Coordinator, Commander, 
Coast Guard Activities Baltimore, 2401 Hawkins Point Road, Baltimore, 
Maryland, 21226-1791, telephone number (410) 576-2674.

SUPPLEMENTARY INFORMATION:

Regulatory History

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation. Following normal rulemaking 
procedures would have been impractical since there is not sufficient 
time remaining to publish a proposed rule in advance of the event or to 
provide for a delayed effective date. Immediate action is needed to 
protect vessel traffic from the potential hazards associated with this 
event. For these reasons, the Coast Guard finds good cause under 5 
U.S.C. 553(b)(B) that notice and public comment are impracticable.

Background and Purpose

    The Baltimore Office of Promotions has submitted a marine event 
application to the U.S. Coast Guard for the Baltimore New Year's Eve 
Extravaganza Fireworks display, to be held over the waters of the Inner 
Harbor and Northwest Harbor, near Baltimore, Maryland. The event will 
consist of pyrotechnic displays fired from 2 barges positioned in the 
Inner Harbor. A large fleet of spectator vessels is anticipated. Due to 
the need for vessel control during the fireworks displays, vessel 
traffic will be temporarily restricted to provide for the safety of 
spectators and transiting vessels.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Inner Harbor and Northwest Harbor. The 
temporary special local regulations will be in effect from 11:30 p.m. 
on December 31, 1998 to 12:30 a.m. on January 1, 1999 and will restrict 
general navigation in the regulated areas during the event. If the 
event is postponed due to weather conditions, the temporary special 
local regulations will be effective from 11:30 p.m. on January 1, 1999 
to 12:30 a.m. on January 2, 1999. Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated areas. These regulations are needed to 
control vessel traffic during the fireworks displays to enhance the 
safety of spectators and transiting vessels.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that

[[Page 69000]]

order. It has been exempted from review by the Office of Management and 
Budget under that order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979). The Coast Guard expects the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This conclusion is based on the fact that the regulated 
areas will only be in effect for a limited amount of time.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard must consider whether this rule will have a significant economic 
impact on a substantial number of small entities. ``Small entities'' 
include independently owned and operated small businesses that are not 
dominant in their field and that otherwise qualify as ``small business 
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). 
Because is expects the impact of this rule to be minimal, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this temporary final rule 
will not have a significant economic impact on a substantial number of 
small entities because of the event's short duration.

Collection of Information

    These regulations contain no Collection of Information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, paragraph (34)(h) of COMDTINST 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade are excluded under that 
authority.

List of Subjects in 33 CFR Part 100

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

Temporary Regulations

    In consideration of the foregoing, Part 100 of Title 33, Code of 
Federal Regulations is amended as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A temporary section, Sec. 100.35-T05-100 is added to read as 
follows:


Sec. 100.35-T05-100  Patapsco River, Baltimore, Maryland.

    (a) Definitions:
    (1) Inner Harbor Regulated Area. The waters of the Patapsco River 
enclosed within the arc of a circle with a radius of 400 feet and with 
its center located at latitude 39 deg.16.9' North, longitude 
076 deg.36.3' West. All coordinates reference Datum NAD 1983.
    (2) Northwest Harbor Regulated Area. The waters of the Patapsco 
River enclosed within the arc of a circle with a radius of 500 feet and 
with its center located at latitude 39 deg.16.6' North, longitude 
076 deg.35.8' West. All coordinates reference Datum NAD 1983.
    (3) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Activities Baltimore.
    (b) Special Local Regulations:
    (1) All persons and/or vessels not authorized as participants or 
official patrol vessels are considered spectators. The ``official 
patrol'' consists of any Coast Guard, public, state, county or local 
law enforcement vessels assigned and/or approved by Commander, Coast 
Guard Activities Baltimore.
    (2) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated areas.
    (3) The operator of any vessel in these areas shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (c) Effective Dates: The regulated areas are effective from 11:30 
p.m. on December 31, 1998 to January 1, 1999. If the event is postponed 
due to weather conditions, the regulated areas are effective from 11:30 
p.m. on January 1, 1999 to 12:30 a.m. on January 2, 1999.

    Dated: November 19, 1998.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 98-33081 Filed 12-14-98; 8:45 am]
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