[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Rules and Regulations]
[Pages 57875-57877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28832]


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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, MD

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adopting 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 will 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 December 19, 2001.

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 CGD05-00-046 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: Lieutenant Dulani Woods, Marine Events 
Coordinator, Commander, Coast Guard Activities Baltimore, telephone 
number (410) 576-2513.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 13, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Fireworks 
Displays, Patapsco River, Baltimore, Maryland, in the Federal Register 
(66 FR 31868). 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 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 2 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 will be 
temporarily restricted to provide for the safety of spectators and 
transiting vessels.

Discussion of Comments and Changes

    No comments were received. No changes have been made to the 
proposed regulatory text.

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).
    Although this rule will prevent traffic from transiting a portion 
of the Patapsco River during the events, the effect of this regulation 
will not be significant due to the limited duration of the regulation, 
the small size of the regulated area and the extensive advance 
notifications that will be made to the maritime community via the Local 
Notice to Mariners, marine information

[[Page 57876]]

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 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.
    This rule will affect the owners or operators of vessels, some of 
which may be small entities, intending to transit or anchor in the 
effected portions of the Patapsco River during the events.
    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, the small size of the regulated area 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. No assistance 
was requested by any small business, organization, or governmental 
jurisdiction.
    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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State law or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate of $100,000,000 or more in any one year. Though this rule 
will not result in such an expenditure, we do discuss the effects of 
this rule elsewhere in the preamble.

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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial and direct effect on one or more 
Indian tribes, on the relationship between the Federal Governments and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

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

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 amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    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. Sec. 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

[[Page 57877]]

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; and
    (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: November 2, 2001.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-28832 Filed 11-16-01; 8:45 am]
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