[Federal Register Volume 73, Number 108 (Wednesday, June 4, 2008)]
[Proposed Rules]
[Pages 31782-31785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12475]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0391]
RIN 1625-AA00


Safety Zone; Fireworks Display, Upper Potomac River, Washington 
Channel, Washington Harbor, DC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
upon specified waters of the Upper Potomac River. This action is 
necessary to provide for the safety of life on navigable waters during 
a fireworks display launched from a barge located within Washington 
Channel, in Washington Harbor, DC. This action will restrict vessel 
traffic in a portion of the Washington Channel.

DATES: Comments and related material must reach the Coast Guard on or 
before July 7, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0391 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.

[[Page 31783]]

    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. Ronald L. Houck, Coast Guard Sector Baltimore, at (410) 
576-2674 or (410) 576-2693. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0391), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0391) 
in the Search box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE, Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the 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.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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

    Fireworks displays are frequently held from locations on or near 
the navigable waters of the United States. The accidental discharge of 
fireworks and falling hot embers or other debris 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 purpose of 
this rule is to promote maritime safety, and to protect mariners 
transiting the area from the potential hazards associated with a 
fireworks display. The rule is needed to control movement in a portion 
of the waterway that is expected to be populated by spectators seeking 
to view the fireworks display and mariners operating unknowingly too 
close to the fireworks discharge site.

Discussion of Proposed Rule

    In support of its 2008 Centennial Boule, marking the 100th 
anniversary of its founding, the Alpha Kappa Alpha Sorority, Inc. will 
sponsor a fireworks display in Washington Harbor, DC. The planned 
fireworks event includes a fifteen-minute aerial display launched from 
a barge in the Washington Channel at 9:30 p.m. on Wednesday, July 16, 
2008.
    To provide for the safety of spectators and transiting vessels, the 
Captain of the Port Baltimore, Maryland is proposing to establish a 
safety zone that will be enforced during the fireworks display held on 
specified waters of the Upper Potomac River. The proposed rule 
establishes a safety zone on the waters of the Washington Channel, 
within a 150-yard radius of the fireworks barge in approximate position 
latitude 38[deg]52'09'' N, longitude 077[deg]01'13'' W, located within 
the Washington Channel in Washington Harbor, DC. The rule will impact 
the movement of all persons and vessels operating in specified waters 
of the Washington Channel, from 8 p.m. through 10:30 p.m. on July 16, 
2008, and if necessary due to inclement weather, from 8 p.m. through 
10:30 p.m. on July 17, 2008.

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. There is 
little commercial vessel traffic during the enforcement period.

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. This rule would affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to operate, remain or anchor within 
certain waters of the Washington Channel, in Washington Harbor, DC, 
from 8 p.m. through 10:30 p.m. on July 16, 2008, and if necessary due 
to inclement weather, from 8 p.m. through 10:30 p.m. on July 17, 2008. 
Because the zone is of

[[Page 31784]]

limited duration, it is expected that there will be minimal disruption 
to the maritime community. Before the effective period, the Coast Guard 
will issue maritime advisories widely available to users of the 
waterway to allow mariners to make alternative plans for transiting the 
affected area. In addition, smaller vessels not constrained by their 
draft, which are more likely to be small entities, may transit around 
the safety zone.
    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 Mr. Ronald Houck, at Coast Guard 
Sector Baltimore, Waterways Management Division, at telephone number 
(410) 576-2674 or (410) 576-2693. 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 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 
M16475.1D which guides 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 this action is not likely to 
have a significant effect on the human environment. The rule 
establishes a temporary safety zone. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1

    2. Add temporary Sec.  165.T05-0391 to read as follows:


Sec.  165.T05-0391  Safety zone; Fireworks Display, Upper Potomac 
River, Washington Channel, Washington Harbor, DC.

    (a) Definitions. For the purposes of this section, Captain of the 
Port, Baltimore, Maryland means the

[[Page 31785]]

Commander, Coast Guard Sector Baltimore or any Coast Guard 
commissioned, warrant, or petty officer who has been authorized by the 
Captain of the Port, Baltimore, Maryland to act on his or her behalf.
    (b) Location. The following area is a safety zone: All waters of 
the Upper Potomac River, surface to bottom, within a 150-yard radius of 
the fireworks barge in approximate position latitude 38[deg]52'09'' N, 
longitude 077[deg]01'13'' W, located within the Washington Channel in 
Washington Harbor, DC. All coordinates reference North American Datum 
1983.
    (c) Regulations:
    (1) The general regulations governing safety zones, found in Sec. 
165.23, apply to the safety zone described in paragraph (b) of this 
section.
    (2) Entry into or remaining in this zone is prohibited, unless 
authorized by the Captain of the Port, Baltimore, Maryland.
    (3) Persons or vessels requiring entry into or passage through the 
moving safety zone must first request authorization from the Captain of 
the Port, Baltimore, Maryland to seek permission to transit the area. 
The Captain of the Port, Baltimore, Maryland can be contacted at 
telephone number (410) 576-2693. The Coast Guard vessels enforcing this 
section can be contacted on Marine Band Radio VHF Channel 16 (156.8 
MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light, or other means, the person or vessel shall proceed as 
directed. If permission is granted, all persons or vessels must comply 
with the instructions of the Captain of the Port, Baltimore, Maryland, 
and proceed at the minimum speed necessary to maintain a safe course 
while within the zone.
    (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 periods. This section will be enforced from 8 p.m. 
through 10:30 p.m. on July 16, 2008, and if necessary due to inclement 
weather, from 8 p.m. through 10:30 p.m. on July 17, 2008.

    Dated: May 20, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-12475 Filed 6-3-08; 8:45 am]
BILLING CODE 4910-15-P