[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Proposed Rules]
[Pages 27159-27162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11140]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0251]
RIN 1625-AA00


Safety Zone, Temporary Change for Recurring Fifth Coast Guard 
District Fireworks Displays; Northwest Harbor (East Channel) and Tred 
Avon River, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing a temporary change to the 
enforcement periods and regulated areas of safety zone regulations for 
two recurring fireworks displays within the Fifth Coast Guard District. 
This regulation applies to a recurring fireworks display events that 
take place at Baltimore, MD and Oxford, MD. Safety zone regulations are 
necessary to provide for the safety of life on navigable waters during 
the event. This action is intended to restrict vessel traffic in 
portions of the Northwest Harbor (East Channel), Patapsco River, and 
Tred Avon River during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 23, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0251 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 proposed 
rule, call or email Mr. Ronald Houck, Sector Baltimore Waterways 
Management Division, Coast Guard; telephone 410-576-2674, email 
[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-2012-0251), 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

[[Page 27160]]

delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, 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 email 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 and insert ``USCG-2012-0251'' in 
the ``Keyword'' box. 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 
comments 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 the 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-2012-0251'' and click 
``Search.'' 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 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.

Basis and Purpose

    Fireworks display events are frequently held on or adjacent to 
navigable waters within the boundary of the Fifth Coast Guard District. 
For a description of the geographical area of each Coast Guard Sector--
Captain of the Port Zone, please see 33 CFR 3.25.
    This regulation proposes to temporarily change the enforcement 
period and regulated area for a safety zone for two annually recurring 
fireworks events, described at (b)(5) and (b)(21) of the Table to 33 
CFR 165.506, that are normally scheduled to occur each year on June 
14th and June and July--Saturday or Sunday before Independence Day 
holiday, respectively.
    On June 16, 2012, the American Flag Foundation will sponsor their 
annual fireworks event. This event will take place in Baltimore, MD on 
the waters of the Patapsco River. The regulation at 33 CFR 165.506 is 
enforced annually for this event. Also, a fleet of spectator vessels is 
expected to gather near the event site to view the fireworks.
    On July 3, 2012, the Tred Avon Yacht Club will sponsor their annual 
fireworks event. This event will take place in Oxford, MD on the waters 
of the Tred Avon River. The regulation at 33 CFR 165.506 is enforced 
annually for this event. Also, a fleet of spectator vessels is expected 
to gather near the event site to view the fireworks.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily change the enforcement 
period and geographic regulated area of the safety zone for two 
recurring fireworks events within the Fifth Coast Guard District. This 
regulation applies to the June 14th fireworks event listed at (b)(5) 
and the June and July--Saturday or Sunday before Independence Day 
holiday fireworks event listed at (b)(21), both in the Table to Sec. 
165.506.
    The Table to Sec. 165.506, event (b)(5), establishes the 
enforcement date and regulated area for the American Flag Foundation 
fireworks event held in Baltimore, MD. This regulation also temporarily 
changes the regulated area for the fireworks event. The position is 
changed to latitude 39[deg]15'54'' N, longitude 076[deg]34'40'' W (NAD 
1983) and the distance is change to a 200-yard radius. The temporary 
safety zone will be enforced from 8 p.m. to 10:30 p.m. on June 16, 
2012, and will restrict general navigation in the regulated area during 
the event. The American Flag Foundation, which is the sponsor for this 
event, holds this event annually. Except for participants and vessels 
authorized by the Coast Guard Captain of the Port Baltimore or the 
designated on-scene patrol personnel, no person or vessel will be 
allowed to enter or remain in the regulated area. This regulation is 
needed to control vessel traffic during the event to enhance the safety 
of participants, spectators and transiting vessels.
    The Table to Sec. 165.506, event (b)(21), establishes the 
enforcement date and regulated area for the Tred Avon Yacht Club 
fireworks event held in Oxford, MD. This regulation temporarily changes 
the regulated area for the fireworks event. The position is changed to 
latitude 38[deg]41'24'' N, longitude 076[deg]10'37'' W (NAD 1983). The 
temporary safety zone will be enforced from 8 p.m. to 10:30 p.m. on 
July 3, 2012, and will restrict general navigation in the regulated 
area during the event. The Tred Avon Yacht Club, which is the sponsor 
for this event, holds this event annually. Except for participants and 
vessels authorized by the Coast Guard Captain of the Port Baltimore or 
the designated on-scene patrol personnel, no person or vessel will be 
allowed to enter or remain in the regulated area. This regulation is 
needed to control vessel traffic during the event to enhance the safety 
of participants, spectators and transiting vessels.

Regulatory Analyses

    We developed this 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.
    Although this regulation would restrict access to these areas, the 
effect of this proposed rule will not be significant because: (i) The 
safety zones will only be in effect from 8 p.m. to 10:30 p.m. on June 
16, 2012 and July 3, 2012, (ii) the Coast Guard will give

[[Page 27161]]

advance notification via maritime advisories so mariners can adjust 
their plans accordingly, and (iii) although the safety zone will apply 
to the sections of the Patapsco River, Northwest Harbor (East Channel), 
and the Tred Avon River, vessel traffic will be able to transit safely 
around the safety 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 proposed 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 the specified 
portions of the Patapsco River, Northwest Harbor (East Channel), from 8 
p.m. through 10:30 p.m. on June 16, 2012, and the Tred Avon River, from 
8 p.m. through 10:30 p.m. on July 3, 2012. This proposed safety zone 
will not have a significant economic impact on a substantial number of 
small entities for the following reasons: (i) The regulated areas are 
of limited size, (ii) this proposed rule will only be in effect for 
five hours total, and (iii) although the safety zone will apply to a 
section of the Patapsco River and Tred Avon River, vessel traffic will 
be able to transit safely around the safety zone. Before the 
enforcement 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.
    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, Sector 
Baltimore Waterways Management Division, Coast Guard; telephone 410-
576-2674, email [email protected]. 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 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 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 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 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 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 proposed 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 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

[[Page 27162]]

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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves implementation of regulations at 33 CFR part 165 that 
establish safety zones on navigable waters of the United States for 
fireworks events. These safety zones are enforced for the duration of 
fireworks display events. The fireworks are launched from or 
immediately adjacent to navigable waters of the United States and may 
have potential for negative impact on the safety or other interest of 
waterway users and near shore activities in the event area. The 
category of activities includes fireworks launched from barges at or 
near the shoreline that generally rely on the use of navigable waters 
as a safety buffer.
    This proposed rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of this instruction. This rule establishes a 
temporary safety zone to protect the public from fireworks fallouts and 
premature detonations. 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, 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. 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; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Revise the Table to Sec.  165.506 as follows:
    a. Under ``(b) Coast Guard Sector Baltimore--COTP Zone,'' suspend 
number 5,
    b. Under ``(b) Coast Guard Sector Baltimore--COTP Zone,'' suspend 
number 21, and
    c. Under ``(b) Coast Guard Sector Baltimore--COTP Zone,'' add 
numbers 26 and 27, to read as follows:


Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks 
Displays.

* * * * *

                                             Table To Sec.   165.506
                [All coordinates listed in the Table to Sec.   165.506 reference Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
             Number                       Date                Location                  Regulated area
----------------------------------------------------------------------------------------------------------------
                                     Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26..............................  June 16th, July 4th,  Northwest Harbor      All waters of the Patapsco River
                                   September--2nd        (East Channel),       within a 200 yards radius of the
                                   Saturday, December    Patapsco River, MD,   fireworks barge in approximate
                                   31st.                 Safety Zone.          position 39[deg]15'54'' N,
                                                                               076[deg]34'40'' W, located
                                                                               adjacent to the East Channel of
                                                                               Northwest Harbor.
 
                                                  * * * * * * *
27..............................  July 3rd............  Tred Avon River,      All waters of the Tred Avon River
                                                         Oxford, MD, Safety    within a 150 yard radius of the
                                                         Zone.                 fireworks barge in approximate
                                                                               position latitude 38[deg]41'24''
                                                                               N, longitude 076[deg]10'37'' W,
                                                                               approximately 500 yards northwest
                                                                               of the waterfront at Oxford, MD.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: April 11, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-11140 Filed 5-8-12; 8:45 am]
BILLING CODE 9110-04-P