[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35855-35857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14647]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number 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: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing 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 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: This rule is effective from 8 p.m. on June 16, 2012, until 10:30 
p.m. on July 3, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0251]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, Sector Baltimore Waterways Management 
Division, U.S. 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: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 9, 2012, we published a notice of proposed rulemaking (NPRM) 
entitled ``Safety Zone, Temporary Change for Recurring Fifth Coast 
Guard District Fireworks Displays; Northwest Harbor (East Channel) and 
Tred Avon River, MD'' in the Federal Register (77 FR 27159). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.
    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 zones' intended objectives of protecting persons and vessels 
involved in the event, and enhancing public and maritime safety.

B. 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 
temporarily changes 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. To 
provide for the safety of participants, spectators, and transiting 
vessels, the Coast Guard will temporarily restrict vessel traffic in 
the event area from 8 p.m. to 10:30 p.m. on June 16, 2012. The 
regulation at 33 CFR 165.506 will be enforced for the duration of the 
event. Vessels may not enter the regulated area unless they receive 
permission from the Coast Guard Captain of the Port

[[Page 35856]]

Baltimore or the designated on-scene patrol personnel.
    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. To provide for the 
safety of participants, spectators, and transiting vessels, the Coast 
Guard will temporarily restrict vessel traffic in the event area from 8 
p.m. to 10:30 p.m. on July 3, 2012. The regulation at 33 CFR 165.506 
will be enforced for the duration of the event. Vessels may not enter 
the regulated area unless they receive permission from the Coast Guard 
Captain of the Port Baltimore or the designated on-scene patrol 
personnel.

C. Discussion of Comments, Changes and the Final Rule

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

D. 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.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this regulation 
would restrict access to these areas, the effect of this 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 from 8 p.m. to 10:30 
p.m. on July 3, 2012, (ii) the Coast Guard will give 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. 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 would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in the effected portions of the Potomac 
River and National Harbor Access Channel during the event. Although 
this regulation prevents traffic from transiting 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 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 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.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of

[[Page 35857]]

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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that 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 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 rule is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination 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.

    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. 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. In Sec.  165.506, amend the table as follows:
0
a. Under ``(b) Coast Guard Sector Baltimore-COTP Zone,'' suspend number 
5,
0
b. Under ``(b) Coast Guard Sector Baltimore-COTP Zone,'' suspend number 
21, and
0
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
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   Number            Date            Location          Regulated area
------------------------------------------------------------------------
                 Coast Guard Sector Baltimore--COTP Zone
------------------------------------------------------------------------
 
                              * * * * * * *
26..........  June 16th, July    Northwest Harbor  All waters of the
               4th, September--   (East Channel),   Patapsco River
               2nd Saturday,      Patapsco River,   within a 200 yards
               December 31st.     MD, Safety Zone.  radius of the
                                                    fireworks barge in
                                                    approximate 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
                                  Oxford, MD,       Tred Avon River
                                  Safety Zone.      within a 150 yard
                                                    radius of the
                                                    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.
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* * * * *

    Dated: June 4, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-14647 Filed 6-14-12; 8:45 am]
BILLING CODE 9110-04-P