[Federal Register Volume 64, Number 230 (Wednesday, December 1, 1999)]
[Rules and Regulations]
[Pages 67168-67169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31127]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is adopting 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 areas in order to enhance the safety of life and 
property during the event.

DATES: This rule is effective 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.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD 05-99-089] and are available for inspection or 
copying at Commander (Aoax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia, 23704-5004, 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:

Regulatory Information

    On October 8, 1999, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events; New 
Year's Celebration Fireworks, Patapsco River, Baltimore, MD'' in the 
Federal Register (64 FR 54849). We received no letters commenting on 
the proposed rule. No public hearing was requested, and none was held.

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.

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 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 temporary 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 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. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. No 
requests for assistance were received.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

[[Page 67169]]

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, paragraph (34)(h), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. An ``Environmental Analysis Checklist'' 
and a ``Categorical Exclusion Determination'' is 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 amends 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, MD.

    (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/or 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/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 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. This section is effective 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.

    Dated: 22 November 1999.
J.E. Shkor,
Vice Admiral, U.S. Coast Guard, Commander Fifth Coast Guard District.
[FR Doc. 99-31127 Filed 11-30-99; 8:45 am]
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