[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Rules and Regulations]
[Pages 18126-18128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6784]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-07-034]
RIN 1625-AA00


Safety Zone; Fireworks Display, Potomac River, Oxon Hill, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone upon 
certain waters of the Potomac 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 in a 
cove near Oxon Hill, Maryland. This action will restrict vessel traffic 
in a portion of the Potomac River.

DATES: This rule is effective from 8 p.m. to 10 p.m. on May 31, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of this docket and are 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: 

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. There was insufficient time to 
allow for the publication of an NPRM followed by a temporary final rule 
before the effective date. Any delay of the effective date of this rule 
would be contrary to the public interest by exposing the public to the 
known dangers associated with Fireworks Displays.

Background and Purpose

    Each year, thousands of spectators attend outdoor fireworks 
displays 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 is establishing 
a safety zone that will be enforced during a fireworks display held 
over the Potomac River, in a cove near Oxon Hill, Maryland. The rule is 
needed to control movement through a portion of the waterway that is 
expected to be populated by vessels seeking to view the fireworks 
display.

Discussion of Proposed Rule

    On May 31, 2007, the Peterson Companies, National Harbor, will 
sponsor a fireworks display launched from a barge located on the 
Potomac River near Oxon Hill, in Prince George's County, Maryland. The 
planned event includes an aerial fireworks display beginning at 9 p.m. 
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 with 
a fireworks display from a barge. This rule establishes a safety zone 
on

[[Page 18127]]

the waters of the Potomac River, within a radius of 150 yards around a 
fireworks barge, which will be located at position latitude 
38[deg]47'24.2'' N, longitude 077[deg]01'18.7'' W. The Coast Guard 
anticipates a spectator fleet during this event. The rule will impact 
the movement of all vessels operating in a specified area of the 
Potomac River. Interference with normal port operations is unlikely; 
however, if required, 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 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 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 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: The owners or 
operators of vessels intending to operate, remain or anchor within 
certain waters of the Potomac River, within a radius of 150 yards 
around a fireworks barge located at position latitude 38[deg]47'24.2'' 
N, longitude 077[deg]01'18.7'' W, from 8 p.m. to 10 p.m. on May 31, 
2007. 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 two hours, commercial vessel traffic in this 
area is limited, vessels not constrained by their draft may proceed 
safely around the safety zone, and the Coast Guard will issue maritime 
advisories widely available 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 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. 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 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 would not create an 
environmental risk to health or risk to safety that might 
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

[[Page 18128]]

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 concluded 
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, 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'' will be 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.T05-034 to read as follows:


Sec.  165.T05-034  Safety zone; Fireworks Display, Potomac River, Oxon 
Hill, MD.

    (a) Location. The following area is a safety zone: All waters of 
the Potomac River near Oxon Hill, Maryland, surface to bottom, within a 
radius of 150 yards around a fireworks barge which will be located at 
position latitude 38[deg] 47' 24.2'' N, longitude 077[deg] 01' 18.7'' 
W. All coordinates reference Datum NAD 1983.
    (b) Definition. As used in this section 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) Enforcement period. This section will be enforced from 8 p.m. 
to 10 p.m. on May 31, 2007.

    Dated: April 2, 2007.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, 
Maryland.
 [FR Doc. E7-6784 Filed 4-10-07; 8:45 am]
BILLING CODE 4910-15-P