[Federal Register Volume 64, Number 195 (Friday, October 8, 1999)]
[Proposed Rules]
[Pages 54849-54851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26354]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-99-089]
RIN 2115-AE46


Special Local Regulations for Marine Events; New Year's 
Celebration Fireworks, Patapsco River, Baltimore, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations for the New Year's Celebration Fireworks, to be held over 
the waters of the Patapsco River, Baltimore, Maryland. These special 
local regulations are needed to protect spectators and other vessels 
transiting the event area from the dangers associated with the 
fireworks displays. The effect will be to restrict general navigation 
in the regulated area in order to enhance the safety of life and 
property during the event.

DATES: Comments must reach the Coast Guard on or before November 8, 
1999.

ADDRESSES: You may mail comments to Commander (Aoax), Fifth Coast Guard 
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, hand-
deliver them to Room 119 at the same address between 9:30 a.m. and 2 
p.m., Monday through Friday, except Federal holidays, or fax them to 
(757) 398-6203. Commander (Aoax), Fifth Coast Guard District, 431 
Crawford Street, Portsmouth, Virginia 23704-5004 maintains the public 
docket for this rulemaking. Comments, and documents as indicated in 
this preamble will become part of this docket and will be available for 
inspection and copying at the above address between 9:30 a.m. and 2 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
S.L. Phillips, Project Manager, Operations Division, Auxiliary Section, 
at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 06-99-085) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\  x  11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the address listed under ADDRESSES. The 
request should include the reasons why a hearing would be beneficial. 
If it determines that the opportunity for oral presentations will aid 
this rulemaking, the Coast Guard will hold a public hearing at a time 
and place announced by a later notice in the Federal Register.
    In order to provide notice and an opportunity to comment before 
issuing an effective rule, the Coast Guard is providing a shorter than 
normal comment period. A 30-day comment period is sufficient to allow 
those who might be affected by this rulemaking to submit their 
comments. This determination is based on the fact that the proposed 
regulations have a narrow, local application and this event has been 
held annually for the past 6 years without generating any problems or 
complaints.

Background and Purpose

    The Baltimore Office of Promotions will sponsor the New Year's 
Celebration Fireworks, to be held over the waters of the Patapsco 
River, Baltimore, Maryland. The event will consist of pyrotechnic 
displays fired from 2 barges positioned in the Inner Harbor and 
Northwest Harbor. A 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 Proposed Rule

    The Coast Guard will establish temporary special local regulations 
on specified waters of the Patapsco River, Baltimore, Maryland. These 
proposed special local regulations will be in effect from 11:45 p.m. on 
December 31, 1999 to 12:35 a.m. on January 1, 2000, and from 6:45 p.m. 
to 7:35 p.m. on January 1, 2000. The effect will be to restrict general 
navigation in the regulated area during the event. Except for persons 
or vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remain in the regulated area while the regulations 
are in effect.

[[Page 54850]]

These proposed regulations are needed to control vessel traffic during 
the event to enhance the safety of spectators and transiting vessels.

Regulatory Evaluation

    This proposal 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 order. The 
Office of Management and Budget has not reviewed it 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 proposal 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 area will only be in 
effect for a limited amount of time, extensive advisories will be made 
to the affected maritime community so that they may adjust their 
schedules accordingly, and the event schedule will allow commercial 
interests to coordinate their activities to allow for minimum 
disruption to their enterprise.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small Entities'' include 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 expects the impact of this proposed rule to be 
minimal. The regulated area will only be in effect for a limited amount 
of time, extensive advisories will be made to the affected maritime 
community so that they may adjust their schedules accordingly, and the 
event schedule will allow commercial interests to coordinate their 
activities to allow for minimum disruption to their enterprise.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b), that 
this proposed rule, if adopted, will not have a significant economic 
impact on a substantial number of small entities. If, however, you 
think that your business or organization qualifies as a small entity 
and that this proposed rule will have a significant economic impact on 
your business or organization, please submit a comment (see ADDRESSES) 
explaining why you think it qualifies and in what way and to what 
degree this proposal will economically affect it.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this proposed rule so 
that they can better evaluate its effects on them and participate in 
the rulemaking process. If your small business or organization is 
affected by this rule and you have questions concerning its provisions 
or options for compliance, please contact S. L. Phillips, Project 
Manager, Operations Division, Auxiliary Section, at (757) 398-6204.

Unfunded Mandates

    Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2 
U.S.C. 1531), the Coast Guard assessed the effects of this proposal on 
State, local and tribal governments, in the aggregate, and the private 
sector. The Coast Guard determined that this regulatory action requires 
no written statement under section 202 of the UMRA (2 U.S.C. 1531) 
because it will not result in the expenditure of $100,000,000 in any 
one year by State, local and tribal governments, in the aggregate, or 
the private sector.

Collection of Information

    This proposal does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

Federalism

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

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under figure 2-1, paragraph (34)(h) of 
Commandant Instruction M16475.1C, this proposal is categorically 
excluded from further environmental documentation. An ``Environmental 
Analysis Checklist'' and a ``Categorical Exclusion Determination'' will 
be available in the docket for inspection or copying where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--[AMENDED]

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

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46 and 33 CFR 
100.35.

    2. A temporary Sec. 100.35-T05-089 is added to read as follows:


Sec. 100.35-T05-089  New Year's Celebration Fireworks, Patapsco River, 
Baltimore, Maryland.

    (a) Regulated Areas:
    (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.16'54'' North, longitude 
076 deg.36'18'' 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.16'36'' North, longitude 
076 deg.35'48'' West. All coordinates reference Datum NAD 1983.
    (b) 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.
    (c) Special Local Regulations:
    (1) All persons and vessels not authorized as official patrol 
vessels are considered spectators. The ``official patrol'' consists of 
any Coast Guard, public, state, county or local law enforcement vessels 
assigned and 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 area.
    (3) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by the 
official patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by the official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (d) Effective Dates. The regulated areas are effective from 11:45 
p.m. on

[[Page 54851]]

December 31, 1999 to 12:35 a.m. on January 1, 2000, and from 6:45 p.m. 
to 7:35 p.m. on January 1, 2000.

    Dated: September 27, 1999.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 99-26354 Filed 10-7-99; 8:45 am]
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