[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Rules and Regulations]
[Pages 30268-30270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10447]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-07-037]
RIN 1625-AA00


Safety Zone; Fireworks Display, Patuxent River, Calvert County, 
MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone upon 
certain waters of the Patuxent 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 near 
Solomons, in Calvert County, Maryland. This action will restrict vessel 
traffic in a portion of the Patuxent River.

DATES: This rule is effective from 7:30 p.m. to 10 p.m. on July 5, 
2007.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-07-037 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 (410) 576-2674 or 
(410) 576-2693.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 11, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Fireworks Display, Patuxent River, 
Calvert County, MD'' in the Federal Register (72 FR 18176). We received 
no letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

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 Patuxent River, near Solomons, in Calvert County, 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 Comments and Changes

    The Coast Guard received no written correspondence in response to 
the NPRM. No public meeting was requested and none was held.

Discussion of Rule

    On July 4, 2007, the Solomons Island Business Association will 
sponsor an Independence Day celebration fireworks display launched from 
two adjoining barges located on the Patuxent River near Solomons, in 
Calvert 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 the waters of the Patuxent River, within a radius of 400 yards 
around a fireworks barge, which will be located at position latitude 
38[deg] 19' 03.0'' N, longitude 076[deg] 26' 07.6'' W. The Coast Guard 
anticipates a large recreational boating spectator fleet during this 
event. The rule will impact the movement of all vessels operating in a 
specified area of the Patuxent 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.

[[Page 30269]]

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 Patuxent River, within a radius of 400 yards 
around a fireworks barge located at position latitude 38[deg] 19' 
03.0'' N, longitude 076[deg] 26' 07.6'' W, from 7:30 p.m. to 10 p.m. on 
July 4, 2007, and if necessary due to inclement weather, from 7:30 p.m. 
to 10 p.m. on July 5, 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 and one-
half 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. 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). 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 
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.

[[Page 30270]]

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, 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.T05-037 to read as follows:


Sec.  165.T05-037  Safety zone; Fireworks Display, Patuxent River, 
Calvert County, MD.

    (a) Location. The following area is a safety zone: All waters of 
the Patuxent River near Solomons, in Calvert County, Maryland, surface 
to bottom, within a radius of 400 yards around a fireworks barge which 
will be located at position latitude 38[deg] 19' 03.0'' N, longitude 
076[deg] 26' 07.6'' W. All coordinates reference Datum NAD 1983.
    (b) Definition. As used in this section the designated 
representative 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 or 
his designated representative.
    (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 period. This section will be enforced from 7:30 
p.m. to 10 p.m. on July 4, 2007, or if necessary due to inclement 
weather, from 7:30 p.m. to 10 p.m. on July 5, 2007 instead.

    Dated: May 15, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-10447 Filed 5-30-07; 8:45 am]
BILLING CODE 4910-15-P