[Federal Register Volume 66, Number 114 (Wednesday, June 13, 2001)]
[Proposed Rules]
[Pages 31868-31870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14819]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-00-046]
RIN 2115-AE46


Special Local Regulations for Marine Events; Fireworks Displays, 
Patapsco River, Baltimore, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for fireworks displays to be held over the waters of the 
Patapsco River, Baltimore, Maryland. These special local regulations 
are necessary to provide for the safety of life on navigable waters 
during the fireworks displays. 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: Comments and related material must reach the Coast Guard on or 
before August 13, 2001.

ADDRESSES: You may mail comments and related material 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 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, maintains the public docket for this rulemaking. 
Comments and materials received from the public as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at the above address 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

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-00-
046), 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 material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
that your comments reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address listed under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

[[Page 31869]]

Background and Purpose

    The Baltimore Office of Promotions sponsors fireworks displays at 
various times throughout the year over the waters of the Patapsco 
River, Inner Harbor and Northwest Harbor, near Baltimore, Maryland. The 
events consist of pyrotechnic displays fired from two barges positioned 
in the Inner Harbor and Northwest Harbor. A large fleet of spectator 
vessels gathers nearby to observe the fireworks. Due to the need for 
vessel control during the fireworks displays, vessel traffic would be 
temporarily restricted to provide for the safety of spectators and 
transiting vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish special local regulations on 
specified waters of the Patapsco River. The special local regulations 
would temporarily restrict general navigation in the event area during 
the fireworks. 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 displays to 
enhance the safety of spectators and transiting vessels.

Regulatory Evaluation

    This proposed 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 proposed 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 proposed rule will prevent traffic from transiting a 
portion of the Patapsco River during the events, the economic 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. 601-612), we 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the owners or operators of vessels, 
some of whom may be small entities, intending to transit or anchor in 
the effected portions of the Patapsco River during the events.
    Although this regulation would prevent traffic from transiting or 
anchoring in portions of the Patapsco River during the event, the 
economic effect of this regulation would 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the address listed 
under ADDRESSES.
    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).

Collection of Information

    This proposed 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 proposed 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 proposed rule will not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed 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 prepared an ``Environmental Assessment'' in accordance with 
Commandant Instruction M16475.1C, and determined that this proposed 
rule will not significantly affect the quality of the human 
environment. The ``Environmental Assessment'' and ``Finding of No 
Significant Impact'' is available in the docket where indicated under 
ADDRESSES.

[[Page 31870]]

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--MARINE EVENTS

    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. Section 100.526 is added to read as follows:


Sec. 100.526  Fireworks Displays, Patapsco River, Baltimore, Maryland.

    (a) Definitions--(1) Inner Harbor Regulated Area. The Inner Harbor 
Regulated Area is defined as 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' N, longitude 
076 deg.36.3′ W. All coordinates reference Datum NAD 1983.
    (2) Northwest Harbor Regulated Area. The Northwest Harbor Regulated 
Area is defined as 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' N, longitude 076 deg.35.8' W. 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.
    (4) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Activities Baltimore with a 
commissioned, warrant, or petty officer of the Coast Guard 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 Inner Harbor Regulated Area or the Northwest 
Harbor Regulated Area.
    (2) The operator of any vessel in these areas 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 is effective:
    (1) Annually from 8:30 p.m. on July 4 until 9:30 p.m. on July 4; 
and
    (2) Annually from 11:45 p.m. on December 31 until 12:45 a.m. on 
January 1.
    (d) Rain Dates: If the July 4 fireworks display is cancelled for 
the evening due to inclement weather, then this section is effective 
between 8:30 p.m. and 9:30 p.m. on July 5. If the December 31 fireworks 
display is cancelled for the evening due to inclement weather, then 
this section is effective from 11:45 p.m. on January 1 until 12:45 a.m. 
on January 2. Notice of the effective period will be given via Marine 
Safety Radio Broadcast on VHF-FM marine band radio, Channel 22 (157.1 
MHz).

    Dated: 23 May 2001.
J.E. Shkor,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 01-14819 Filed 6-12-01; 8:45 am]
BILLING CODE 4910-15-U