[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Proposed Rules]
[Pages 53398-53400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21551]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0912]
RIN 1625-AA00


Safety Zone; Fireworks Display, Potomac River, National Harbor, 
MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone upon 
specified waters of the Potomac River. This action is necessary to 
provide for the safety of life on navigable waters during a fireworks 
display launched from a discharge barge located at National Harbor, in 
Prince Georges County, Maryland. This safety zone is intended to 
protect the maritime public in a portion of the Potomac River.

DATES: Comments and related material must reach the Coast Guard on or 
before October 16, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0912 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: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (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 to use the Docket Management Facility.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0912), 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-2008-0912) 
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 
Department of Transportation 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 a Privacy Act, system of 
records notice regarding

[[Page 53399]]

our public dockets in the January 17, 2008 issue of the Federal 
Register (73 FR 3316).

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 ensure the safety of the 
maritime public in a portion of the waterway that is expected to be 
populated by vessel operators and persons seeking to view the fireworks 
display, as well as mariners operating unknowingly too close to the 
fireworks discharge site.

Discussion of Proposed Rule

    On November 28, 2008, The Peterson Companies at National Harbor, in 
Prince Georges County, Maryland, will sponsor a fireworks display in 
support of the National Harbor Holiday Tree Lighting Celebration. The 
ten-minute aerial display will be launched by Pyrotechnico, Inc. from a 
fireworks discharge barge located on the Potomac River at 8 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 Captain of the Port Baltimore, Maryland is proposing to 
establish a safety zone that will be enforced during the fireworks 
display held over the Potomac River, at National Harbor, Maryland. This 
proposed rule establishes a safety zone on the Potomac River, an area 
approximately 700 yards long and 500 yards wide, within an area bounded 
by a line drawn from the following points: latitude 
38[deg]47[min]18[sec] N, longitude 077[deg]01[min]01[sec] W; thence to 
latitude 38[deg]47[min]11[sec] N, longitude 077[deg]01[min]26[sec] W; 
thence to latitude 38[deg]47[min]25[sec] N, longitude 
077[deg]01[min]33[sec] W; thence to latitude 38[deg]47[min]32[sec] N, 
longitude 077[deg]01[min]08[sec] W; thence to the point of origin, 
located at National Harbor, Maryland. The proposed rule will impact the 
movement of all vessels operating in a specified area of the Potomac 
River, from 6:30 p.m. through 9:30 p.m. on November 28, 2008, and if 
necessary due to inclement weather, from 6:30 p.m. through 9:30 p.m. on 
November 29, 2008.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. There is little commercial 
vessel traffic during the enforcement period. Because the safety zone 
lies entirely outside the federal navigation channel, vessel operators 
may transit safely around the zone.

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 Potomac River, at National Harbor, Maryland, from 
6:30 p.m. through 9:30 p.m. on November 28, 2008, and if necessary due 
to inclement weather, from 6:30 p.m. through 9:30 p.m. on November 29, 
2008. Because the zone is of 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 river 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 proposed 
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

[[Page 53400]]

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 Department of Homeland 
Security Management Directive 5100.1 and Commandant Instruction 
M16475.lD, 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 under the Instruction that this action 
is not likely to have a significant effect on the human environment. An 
environmental analysis checklist supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. 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 NAVIATION 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, 3306, 
3703; 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.

    2. Add temporary Sec.  165.T05-0912 to read as follows:


Sec.  165.T05-0912  Safety zone; Fireworks Display, Potomac River, 
National Harbor, MD

    (a) Definitions. For the purposes of this section, Captain of the 
Port Baltimore, Maryland 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, Baltimore, Maryland 
to act on his or her behalf.
    (b) Regulated Area. The following area is a safety zone: All waters 
of the Potomac River, surface to bottom, within an area bounded by a 
line drawn from the following points: Latitude 38[deg]47[min]18[sec] N, 
longitude 077[deg]01[min]01[sec] W; thence to latitude 
38[deg]47[min]11[sec] N, longitude 077[deg]01[min]26[sec] W; thence to 
latitude 38[deg]47[min]25[sec] N, longitude 077[deg]01[min]33[sec] W; 
thence to latitude 38[deg]47[min]32[sec] N, longitude 
077[deg]01[min]08[sec] W; thence to the point of origin, located at 
National Harbor, Maryland. All coordinates reference North American 
Datum 1983.
    (c) Regulations:
    (1) The general regulations governing safety zones, found in 33 CFR 
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 
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.
    (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 rule is effective from 6:30 p.m. 
through 9:30 p.m. on November 28, 2008, and if necessary due to 
inclement weather, from 6:30 p.m. through 9:30 p.m. on November 29, 
2008.

    Dated: August 28, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-21551 Filed 9-15-08; 8:45 am]
BILLING CODE 4910-15-P