[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Rules and Regulations]
[Pages 16113-16115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6307]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-05-021]
RIN 1625-AA00


Safety Zone; National Cherry Blossom Festival Fireworks Display, 
Potomac River, Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Upper Potomac River in the Washington Channel, Washington, DC. This 
safety zone is necessary to provide for the safety of life and property 
during a fireworks display being held during the annual National Cherry 
Blossom Festival in Washington, DC. This safety zone will restrict the 
movement of vessel traffic in the immediate area of the fireworks 
discharge site.

DATES: This rule is effective from 7 p.m. to 9 p.m. eastern standard 
time on April 2, 2005, with a rain date of April 3, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-05-021 and are available for 
inspection or copying at Commander, Coast Guard Sector Baltimore, 2401 
Hawkins Point Road, Baltimore, Maryland 21226-1791, between 8 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald L. Houck, Coast Guard 
Sector 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 an NPRM and 
delaying its effective date would be contrary to the 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. Advance notification of the 
security zone and the fireworks display will be provided to the public 
via marine information broadcasts and by local media.

Background and Purpose

    On April 2, 2005, the National Cherry Blossom Festival will sponsor 
a fireworks display from a barge on the Washington Channel, in 
Washington, DC, in approximate position latitude 38[deg]52'08.5'' N, 
longitude 077[deg]01'13.0'' W. The event will consist of an aerial 
fireworks display of short duration. A fleet of spectator vessels is 
anticipated.

[[Page 16114]]

Due to the need for vessel control on the waters of the Washington 
Channel during the event, vessel traffic will be temporarily restricted 
to provide for the safety of spectators, participants and transiting 
vessels.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on 
specified waters of the Washington Channel. The temporary safety zone 
will be enforced from 7 p.m. to 9 p.m. eastern standard time on April 
2, 2005, with a rain date of April 3, 2005. The effect will be to 
restrict general navigation in the regulated area during the event. No 
person or vessel may enter or remain in the safety zone. Vessels will 
be allowed to transit the waters of the Washington Channel outside the 
safety zone. This safety zone is needed to control vessel traffic 
during the event to enhance the safety of participants, 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 Homeland Security (DHS).
    Although this rule prevents traffic from transiting a portion of 
the Washington Channel during the event, the effect of this rule will 
not be significant due to the limited duration of the regulation, 
limited size of the regulated area, and the extensive notifications 
that will be made to the maritime community via marine information 
broadcasts and local media, so mariners can adjust their plans 
accordingly. 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 
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 the effected portions of the Washington Channel from 7 
p.m. to 9 p.m. Eastern Standard Time on April 2, 2005 or April 3, 2005 
if the rain date becomes necessary.
    Although this rule prevents traffic from transiting or anchoring in 
a portion of the Washington Channel during the event, the effect of 
this rule will not be significant because of its limited duration, 
limited area, and the advance notifications that will be made to the 
maritime community via marine information broadcasts and local media, 
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 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can 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 Guards, call 1-888-REG-
FAIR (1-888-743-3247).

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 this rule 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 does not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule does 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 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 12211, 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.

[[Page 16115]]

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 considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This regulation establishes a temporary 
safety zone. A ``Categorical Exclusion Determination'' is 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. From 7 p.m. until 9 p.m. on April 2, 2005, add temporary Sec.  
165.T05-021 to read as follows:

Sec.  165.T05-021  Safety zone; National Cherry Blossom Festival 
Fireworks Display, Potomac River, Washington, DC.

    (a) Location. The following area is a safety zone: All waters 
located on the Upper Potomac River in the Washington Channel, 
Washington, DC, within a 350-foot diameter of a fireworks discharge 
barge located in approximate position latitude 38[deg]52'08.5'' N, 
longitude 077[deg]01''13.0'' W.
    (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. The Captain of the Port means the Commander, Coast 
Guard Sector 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 7 p.m. to 9 
p.m. Eastern Standard Time on April 2, 2005, with a rain date of April 
3, 2005.

    Dated: March 22, 2005.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 05-6307 Filed 3-29-05; 8:45 am]
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