[Federal Register Volume 69, Number 147 (Monday, August 2, 2004)]
[Rules and Regulations]
[Pages 46099-46101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17530]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-04-137]
RIN 1625-AA00


Safety Zone; Fireworks Display, Potomac River, Charles County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the waters of 
the Potomac River. This action is necessary to provide for the safety 
of life and property during a fireworks display on the Potomac River. 
The safety zone will allow for control of designated areas of the river 
and safeguard spectators and participants.

DATES: This rule is effective from 8 p.m. to 10:30 p.m. on August 14, 
2004, with a rain date of August 28, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-04-137 and are available for 
inspection or copying at Commander, Coast Guard Activities Baltimore, 
2401 Hawkins Point Road, Baltimore, Maryland 21226-1791, between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Coast Guard 
Activities Baltimore, at (410) 576-2674.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing a NPRM and delaying 
its effective date would be contrary to public interest, since there is 
not sufficient time to publish a proposed rule in advance of the event 
and immediate action is needed to protect persons and vessels against 
the hazards associated with a fireworks display from a barge, such as 
premature detonation or falling burning debris.
    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. This safety zone of short duration 
is needed to provide for the safety of persons and vessels on the 
Potomac River and the public at large.

Background and Purpose

    On August 14, 2004, with a rain date of August 28, 2004, Crabmando 
Watersports Inc. in King George, Virginia, will sponsor an event that 
will include a fireworks display launched from a barge on the Potomac 
River. A fleet of spectator vessels is anticipated for these events. 
Due to the need for vessel control during the fireworks display, vessel 
traffic will be restricted to provide for the safety of spectators and 
transiting vessels.
    The purpose of this regulation is to promote maritime safety, and 
to protect the environment and mariners transiting the area from the 
potential hazards due to a fireworks display from a barge. This rule 
establishes a safety zone on the waters of the Potomac River, enclosed 
within the arc of a circle with a radius of 600 feet and with its 
center located at position 38[deg]20''30' N, 077[deg]14''30' W.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the Potomac River. The safety zone will be in effect from 8 p.m. to 
10:30 p.m. on August 14, 2004, with a rain date of August 28, 2004. 
This safety zone will protect spectators and mariners transiting the 
area from the potential hazards associated with a fireworks display 
launched from a barge on the Potomac River. This rule limits access to 
the safety zone to those vessels authorized by the Captain of the Port 
Baltimore. Except for persons or vessels authorized by the Captain of 
the Port Baltimore, no person or vessel may enter or remain in the 
zone. The Captain of the Port will notify the maritime

[[Page 46100]]

community via marine broadcasts of the safety zone.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of the Potomac River from 8 p.m. to 
10:30 p.m. on August 14, 2004 or August 28, 2004 if the rain date 
becomes necessary. This rule will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This rule will be in effect for less than three hours late in 
the evening when vessel traffic is low, vessel traffic not constrained 
by its draft can pass safely around the safety zone, and the Coast 
Guard will issue maritime advisories to users of the river before the 
effective period.

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 the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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 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, or by the private sector 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 this 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 create 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 direct effect on one or more 
Indian tribes, on the relationship between the Federal Government 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section

[[Page 46101]]

2.B.2 of the Instruction. Therefore, this rule is categorically 
excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from 
further environmental documentation. This rule establishes a safety 
zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T05-137 to read as follows:


Sec.  165.T05-137  Safety zone; Fireworks Display, Potomac River, 
Charles County, Maryland.

    (a) Location. The following area is a safety zone: All waters of 
the Potomac River, surface to bottom, enclosed within a 600 foot radius 
around the position 38[deg]20'30'' N, 077[deg]14'30'' W. All 
coordinates reference Datum NAD 1983.
    (b) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) All vessels and persons are prohibited from entering this zone, 
except as authorized by the Coast Guard Captain of the Port, Baltimore, 
Maryland.
    (2) Persons or vessels requiring entry into or passage within the 
zone must request authorization from the Captain of the Port or his 
designated representative by telephone at (410) 576-2693 or by radio on 
VHF-FM channel 16.
    (3) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16.
    (4) The operator of any vessel within or in the immediate vicinity 
of this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard Ensign, and
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (c) Definitions.
    Captain of the Port means the Commander, Coast Guard Activities 
Baltimore or any Coast Guard commissioned, warrant or petty officer who 
has been authorized by the Captain of the Port to act on his behalf.
    (d) Effective period. This section is effective from 8 p.m. to 
10:30 p.m. on August 14, 2004, with a rain date of August 28, 2004.

    Dated: July 22, 2004.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, 
Maryland.
[FR Doc. 04-17530 Filed 7-30-04; 8:45 am]
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