[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Rules and Regulations]
[Pages 53574-53577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21781]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0776]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing 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 five fireworks displays 
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: This rule is effective from September 1, 2010 through November 
19, 2010. Comments and related material must reach the Coast Guard on 
or before October 1, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0776 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) 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.
    (4) 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.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary interim rule, call or e-mail Ronald L. Houck, Sector 
Baltimore Waterways Management Division, Coast Guard; telephone 410-
576-2674, e-mail [email protected]. 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.
    Submitting Comments:
    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0776), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand delivery, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0776'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand 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 and may change this rule 
based on your comments.
    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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0776'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit 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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.
    Privacy Act:
    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on

[[Page 53575]]

behalf of an association, business, labor union, etc.). You may review 
a Privacy Act notice regarding 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 using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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.

Regulatory Information

    The Coast Guard is issuing this temporary interim rule without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast 
Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule because it is 
contrary to public interest to delay the effective date of this rule. 
Delaying the effective date by first publishing an NPRM would be 
contrary to the safety zone's intended objectives since immediate 
action is necessary to protect persons and vessels against the hazards 
associated with a fireworks display on navigable waters. Such hazards 
include premature detonations, dangerous projectiles and falling or 
burning debris.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment. Therefore, a 30-day notice is 
impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels 
involved in the event, and enhancing public and maritime safety.

Basis and Purpose

    Fireworks displays are frequently held from locations on or near 
the navigable waters of the United States. The potential hazards 
associated with fireworks displays are a safety concern during such 
events. The purpose of this rule is to promote public and maritime 
safety during five fireworks displays, and to protect mariners 
transiting the area from the potential hazards associated with a 
fireworks display, such as the accidental discharge of fireworks, 
dangerous projectiles, and falling hot embers or other debris. This 
rule is needed to ensure safety on the waterway during the scheduled 
events.

Discussion of Rule

    Pyrotecnico, of New Castle, Pennsylvania, will conduct five 
separate fireworks displays launched from a barge located in the 
Potomac River at National Harbor, Maryland scheduled on September 1, 
2010 at 9:30 p.m., September 21, 2010 at 9:30 p.m., October 1, 2010 at 
9:30 p.m., October 9, 2010 at 9:30 p.m. and November 18, 2010 at 6:45 
p.m., and if necessary due to inclement weather, on November 19, 2010 
at 6:45 p.m.
    The Coast Guard is establishing a temporary safety zone on certain 
waters of the Potomac River, within an area bounded by a line drawn 
from the following points: Latitude 38[deg]47'18'' N, longitude 
077[deg]01'01'' W; thence to latitude 38[deg]47'11'' N, longitude 
077[deg]01'26'' W; thence to latitude 38[deg]47'25'' N, longitude 
077[deg]01'33'' W; thence to latitude 38[deg]47'32'' N, longitude 
077[deg]01'08'' W; thence to the point of origin, located at National 
Harbor, Maryland (NAD 1983). The temporary safety zone will be enforced 
from 6 p.m. through 11 p.m. on September 1, 2010, September 21, 2010, 
October 1, 2010, October 9, 2010 and November 18, 2010, and if 
necessary due to inclement weather, from 6 p.m. through 11 p.m. on 
November 19, 2010. The effect of this temporary safety zone will be to 
restrict navigation in the regulated area during the fireworks 
displays. No person or vessel may enter or remain in the safety zone. 
Vessels will be allowed to transit the waters of the Potomac River 
outside the safety zone. Notification of the temporary safety zone will 
be provided to the public via marine information broadcasts.

Regulatory Analyses

    We developed this interim 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 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. Although this safety zone will restrict 
some vessel traffic, there is little vessel traffic associated with 
commercial fishing in the area, and recreational boating in the area 
can transit waters outside the safety zone. In addition, the effect of 
this rule will not be significant because the safety zone is of limited 
duration and limited size. For the above reasons, the Coast Guard does 
not anticipate any significant economic impact.

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, some of which 
may be small entities: the owners or operators of vessels intending to 
operate, transit, or anchor in a portion of the Potomac River, located 
at National Harbor, MD, from 6 p.m. through 11 p.m. on September 1, 
2010, September 21, 2010, October 1, 2010, October 9, 2010 and November 
18, 2010, and if necessary due to inclement weather, from 6 p.m. 
through 11 p.m. on November 19, 2010. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. The safety zone is of limited size and 
duration. In addition, before the effective periods, 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the 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

[[Page 53576]]

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 (adjusted for 
inflation) 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 cause 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 does not create an 
environmental risk to health or risk to safety that may 
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 Department of Homeland Security 
Management Directive 023-01 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves establishing a temporary safety 
zone.
    An environmental analysis checklist and a categorical exclusion 
determination are 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T05-0776 to read as follows:


Sec.  165.T05-0776  Safety Zone; Fireworks Displays, Potomac River, 
National Harbor, MD.

    (a) Regulated area. The following area is a safety zone: All waters 
in the Potomac River, within an area bounded by a line drawn from the 
following points: Latitude 38[deg]47'18'' N, longitude 077[deg]01'01'' 
W; thence to latitude 38[deg]47'11'' N, longitude 077[deg]01'26'' W; 
thence to latitude 38[deg]47'25'' N, longitude 077[deg]01'33'' W; 
thence to latitude 38[deg]47'32'' N, longitude 077[deg]01'08'' W; 
thence to the point of origin, located at National Harbor, Maryland 
(NAD 1983).
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05-0776.
    (1) All vessels and persons are prohibited from entering this zone, 
except as authorized by the Coast Guard Captain of the Port Baltimore.
    (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 on VHF-FM 
marine band radio channel 16.
    (3) All Coast Guard assets enforcing this safety zone can be 
contacted on

[[Page 53577]]

VHF-FM marine band radio channels 13 and 16.
    (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.
    (c) Definitions. 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.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Baltimore to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal, 
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement periods. This section will be enforced from 6 p.m. 
through 11 p.m. on September 1, 2010, September 21, 2010, October 1, 
2010, October 9, 2010 and November 18, 2010, and if necessary due to 
inclement weather, from 6 p.m. through 11 p.m. on November 19, 2010.

    Dated: August 16, 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2010-21781 Filed 8-31-10; 8:45 am]
BILLING CODE 9110-04-P