[Federal Register Volume 65, Number 159 (Wednesday, August 16, 2000)]
[Rules and Regulations]
[Pages 49914-49915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20782]



[[Page 49914]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-00-033]
RIN 2115-AE46


Special Local Regulations for Marine Events; Fireworks Display, 
Patapsco River, Inner Harbor, Baltimore, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is adopting temporary special local 
regulations for a fireworks display to be held over the waters of the 
Patapsco River, Inner Harbor, Baltimore, Maryland. These special local 
regulations are necessary to provide for the safety of life on 
navigable waters during the fireworks display. This action is intended 
to temporarily restrict vessel traffic in the Patapsco River to protect 
spectator craft and other vessels transiting the event area from the 
dangers associated with the fireworks.

DATES: This rule is effective from 9:15 p.m. on August 20, 2000 to 
11:30 p.m. on August 21, 2000.

ADDRESSES: You may mail comments and related material to Commander 
(Aoax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, or deliver them to the same address between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays. 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 
CGD05-00-025 and are available for inspection or copying at Commander 
(Aoax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, between 9 a.m. and 2 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer R. Houck, Marine 
Events Coordinator, Commander, Coast Guard Activities Baltimore, 
telephone number (410) 576-2674.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Although this rule is being published as a temporary final rule 
without prior notice, an opportunity for public comment is nevertheless 
desirable to ensure the rule is both reasonable and workable. 
Accordingly, we encourage you to submit comments and related material. 
If you do so, please include your name and address, identify the docket 
number (CGD05-00-033), indicate the specific section of this document 
to which each comment applies, and give the reason for each comment. 
Please submit all comments and related materials in an unbound format, 
no larger than 8.5 by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope.

Regulatory Information

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. In keeping with 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing a NPRM. The Coast Guard 
received confirmation of the request for special local regulations on 
July 6, 2000. We were notified of the event with insufficient time to 
publish a NPRM, allow for comments, and publish a final rule prior to 
the events.
    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. We had insufficient time to 
prepare and publish this rule in the Federal Register 30 days in 
advance of the events. To delay the effective date of the rule would be 
contrary to the public interest since a timely rule is necessary to 
protect mariners from the hazards associated with the fireworks 
displays.

Background and Purpose

    The Maryland Public Purchasing Association, Inc. and the National 
Institute of Governmental Purchasing, Inc. will sponsor a fireworks 
display on August 20, 2000. The fireworks display will be held over the 
waters of the Patapsco River, Inner Harbor, Baltimore, Maryland. The 
event will consist of a pyrotechnic display launched from a barge 
positioned in the Inner Harbor. A fleet of spectator vessels is 
anticipated. Due to the need for vessel control during the fireworks 
display, vessel traffic will be temporarily restricted to provide for 
the safety of spectators and transiting vessels. The rain date for the 
event is August 21, 2000.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Patapsco River. The temporary special local 
regulations will be in effect from 9:15 p.m. to 11:30 p.m. on August 
20, 2000 and will restrict general navigation in a regulated area 
during the fireworks display. If inclement weather prevents the event 
from taking place on August 20, 2000, the temporary special local 
regulations will be effective from 9:15 p.m. to 11:30 p.m. on August 
21, 2000. The temporary special local regulations are scheduled to be 
enforced for approximately twenty minutes during the two hour effective 
time period. The anticipated enforcement time is 9:15 p.m. to 9:50 p.m. 
on the effective date. If weather or other unforeseen circumstances 
causes a delay, an updated enforcement time will be provided via a 
Marine Safety Radio Broadcast on VHF-FM marine band radio, Channel 22 
(157.1 MHz). Except for persons or vessels authorized by the Coast 
Guard Patrol Commander, no person or vessel may enter or remain in the 
regulated area during the enforcement time period. These regulations 
are needed to control vessel traffic during the fireworks display 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 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).
    We expect the economic impact of this temporary final rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the Patapsco River during the event, the effect of this regulation 
will not be significant due to the limited duration of the regulation 
and the extensive advance notifications that will be made to the 
maritime community via the Local Notice to Mariners, marine information 
broadcasts, and area newspapers, so mariners can adjust their plans 
accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 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

[[Page 49915]]

a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in the effected portions of the Patapsco River during the 
event.
    Although this regulation prevents traffic from transiting or 
anchoring in portions of the Patapsco River during the event, the 
effect of this regulation will not be significant because of its 
limited duration and the extensive advance notifications that will be 
made to the maritime community via the Local Notice to Mariners, marine 
information broadcasts, and area newspapers, so mariners can adjust 
their plans accordingly.

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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (34)(g), of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
will be available in the docket where indicated under ADDRESSES. This 
rule will have no impact on the environment.

List of Subjects in 33 CFR Part 100

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

Temporary Regulations

    For the reasons discussed 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; 33 CFR 
100.35.

    2. A temporary Sec. 100.35-T05-033 is added to read as follows:


Sec. 100.35-T05-033  Special Local Regulations for Marine Events; 
Fireworks Display, Patapsco River, Inner Harbor, Baltimore, Maryland.

    (a) Definitions. 
    (1) 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.17'00" N, longitude 76 deg.36'15" W. 
All coordinates reference Datum NAD 1983.
    (2) 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.
    (3) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Activities Baltimore with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (b) Special Local Regulations.
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol.
    (ii) Proceed as directed by any official patrol.
    (c) Effective Dates. This section will be effective from 9:15 p.m. 
on August 20, 2000 to 11:30 p.m. on August 21, 2000.
    (d) Enforcement Times. It is expected that this section will be 
enforced between 9:15 p.m. and 9:50 p.m. on August 20, 2000. However, 
if the event is delayed due to weather or other unforeseen 
circumstances, this section will be enforced for a different time 
between 9:15 p.m. and 11:30 p.m. on August 20, 2000. If the fireworks 
display is cancelled for the evening due to inclement weather, then 
this section will be enforced from 9:15 p.m. to 11:30 p.m. on August 
21, 2000. Notice of the enforcement time will be given via Marine 
Safety Radio Broadcast on VHF-FM marine band radio, Channel 22 (157.1 
MHz).

    Dated: August 2, 2000.
J.E. Shkor
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 00-20782 Filed 8-15-00; 8:45 am]
BILLING CODE 4910-15-U