[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Proposed Rules]
[Pages 30642-30644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8294]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-056]
RIN 1625-AA00


Safety Zone; Fireworks Display, Chesapeake Bay, Tred Avon River, 
Oxford, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
upon certain waters of the Tred Avon River during a fireworks display. 
This action is necessary to provide for the safety of life on navigable 
waters during a fireworks display launched from a barge, located 
between Bellevue, Maryland and Oxford, Maryland. This action will 
restrict vessel traffic in a portion of the Tred Avon River.

DATES: Comments and related material must reach the Coast Guard on or 
before June 29, 2006.

ADDRESSES: You may mail comments and related material to Commander, 
U.S. Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Building 
70, Waterways Management Division, Baltimore, Maryland 21226-1791. 
Coast Guard Sector Baltimore, Waterways Management Division, maintains 
the public docket for this rulemaking. Comments and material 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 Commander, U.S. Coast Guard 
Sector Baltimore, 2401 Hawkins Point Road, Building 70, Waterways 
Management Division, 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, at Coast Guard 
Sector Baltimore, Waterways Management Division, at telephone number 
(410) 576-2674 or (410) 576-2693.

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 (CGD05-06-
056), 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 
they 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 Coast Guard Sector Baltimore, 
Waterways Management Division, at the address 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.

Background and Purpose

    Each year, thousands of spectators attend an outdoor Independence 
Day fireworks display discharged from vessels or floating platforms on 
or near the navigable waters of the United States. Accidental discharge 
of fireworks and falling hot embers are a safety concern during such 
events. The Coast Guard has the authority to impose appropriate 
controls on marine events that may pose a threat to persons, vessels 
and facilities under its jurisdiction. The Coast Guard proposes to 
establish a safety zone that will be enforced during a fireworks 
display held over the Tred Avon River, a tributary of the Chesapeake 
Bay. The proposed rule is needed to control movement through a portion 
of the waterway that is heavily populated by vessels seeking to view 
the fireworks display and participate in the Independence Day 
celebration.

Discussion of Proposed Rule

    On July 2, 2006, the Tred Avon Yacht Club will sponsor a fireworks 
display launched from a barge located on the Tred Avon River, near 
Oxford, Maryland. The planned event includes a thirty-five minute 
aerial fireworks display beginning at dusk. A rain date is being 
proposed for July 3, 2006. A large fleet of spectator vessels is 
anticipated for this event. 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 rule is to promote maritime safety, and to 
protect the environment and mariners transiting the area from the 
potential hazards due to falling embers or other debris associated

[[Page 30643]]

with a fireworks display from a barge. This rule proposes to establish 
a safety zone on the waters of the Tred Avon River, within a radius of 
150 yards around a fireworks barge, which will be located at position 
latitude 38[deg]41'48'' N, longitude 076[deg]10'38'' W. The Coast Guard 
anticipates a large recreational boating fleet during this event. The 
rule will impact the movement of all vessels operating in a specified 
area of the Tred Avon River. Interference with normal port operations 
will be kept to the minimum considered necessary to ensure the safety 
of life on the navigable waters immediately before, during, and after 
the scheduled event.

Regulatory Evaluation

    This proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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: The owners or operators of vessels intending 
to operate, remain or anchor within certain waters of the Tred Avon 
River, within a radius of 150 yards around a fireworks barge located at 
position latitude 38[deg]41'48'' N, longitude 076[deg]10'38'' W , from 
7:30 p.m. to 10:30 p.m. on July 2, 2006, or if warranted due to 
inclement weather, on July 3, 2006. This safety zone 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 three hours, 
commercial vessel traffic in this area is very limited, vessels not 
constrained by their draft may proceed safely around the safety zone, 
and before the effective period, we will issue maritime advisories 
widely available to users of the river.
    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 (Pub. L. 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 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Coast Guard Sector Baltimore, 
Waterways Management Division, at telephone number (410) 576-2674. The 
Coast Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

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 would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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

[[Page 30644]]

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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. Therefore, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. This rule 
establishes a safety zone.
    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether this 
rule should be categorically excluded from further environmental 
review.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add temporary Sec.  165.T05-056 to read as follows:


Sec.  165.T05-056  Safety zone; Fireworks Display, Chesapeake Bay, Tred 
Avon River, Oxford, MD.

    (a) Location. The following area is a safety zone: All waters of 
the Tred Avon River near Oxford, Maryland, surface to bottom, within a 
radius of 150 yards around a fireworks barge which will be located at 
position latitude 38[deg]41[min]48[sec] N, longitude 
076[deg]10[min]38[sec] W. All coordinates reference Datum NAD 1983.
    (b) Definition. The Captain of the Port Baltimore 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.
    (c) Regulations. The general regulations governing safety zones, 
found in Sec. 165.23, apply to the safety zone described in paragraph 
(a) of this section.
    (1) All vessels and persons are prohibited from entering this zone, 
except as authorized by the 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 marine 
band radio on VHF channel 16 (156.8 MHz).
    (3) All Coast Guard vessels enforcing this safety zone can be 
contacted on marine band radio VHF channel 16 (156.8 MHz).
    (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.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State and local agencies.
    (e) Effective period. This section is effective from 7:30 p.m. to 
10:30 p.m. on July 2, 2006, and if warranted due to inclement weather, 
from 7:30 p.m. to 10:30 p.m. on July 3, 2006.

    Dated: May 19, 2006.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
 [FR Doc. E6-8294 Filed 5-26-06; 8:45 am]
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