[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Rules and Regulations]
[Pages 36394-36396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14846]



[[Page 36394]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0507]
RIN 1625-AA00


Safety Zone for Fireworks Display, Potomac River, National Harbor 
Access Channel; Oxon Hill, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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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 a fireworks display 
launched from a floating platform located within the National Harbor 
Access Channel at Oxon Hill 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 8:00 p.m. on June 24, 2012, through 
10:30 p.m. on June 25, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0507]. 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 L. 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

    The Coast Guard is issuing this temporary final 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 would be impracticable to publish 
an NPRM for this rule. The Coast Guard received the information about 
the event on April 30, 2012; delaying the effective date by first 
publishing an NPRM would be contrary to the safety zone's intended 
objectives as well as to the public interest because immediate action 
is needed 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 as well as the public interest in 
protecting persons and vessels involved in the event, and enhancing 
public and maritime safety.

B. 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 a fireworks display, 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 event.

C. Discussion of the Final Rule

    Digital Lightning, of Kensington, Maryland, will conduct a 
fireworks display launched from a floating platform located on the 
Potomac River, adjacent to the Gaylord National Resort Hotel, at Oxon 
Hill in Prince Georges County, Maryland scheduled on June 24, 2012 at 
approximately 9:30 p.m. If necessary, due to inclement weather, the 
fireworks display may be re-scheduled to take place on June 25, 2012 at 
approximately 9:30 p.m.
    The Coast Guard is establishing a temporary safety zone on certain 
waters of the Potomac River, National Harbor Access Channel, within a 
150 yards radius of a fireworks discharge platform in approximate 
position latitude 38[deg]47[min]00[sec] N, longitude 
77[deg]01[min]21[sec] W, located at Oxon Hill in Prince Georges County, 
Maryland (NAD 1983). The temporary safety zone will be enforced from 8 
p.m. through 10:30 p.m. on June 24, 2012 and, if necessary due to 
inclement weather, from 8 p.m. through 10:30 p.m. on June 25, 2012. The 
effect of this temporary safety zone will be to restrict navigation in 
the regulated area during, as well as the set up and take down of, the 
fireworks display. 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.

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 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.

[[Page 36395]]

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 
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, National 
Harbor Access Channel, located at Oxon Hill in Prince Georges County, 
Maryland from 8 p.m. through 10:30 p.m. on June 24, 2012 and, if 
necessary due to inclement weather, from 8 p.m. through 10:30 p.m. on 
June 25, 2012. 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; this safety zone would be 
activated, and thus subject to enforcement, for only 2\1/2\ hours in 
the evening when vessel traffic is low; and vessel traffic could pass 
safely around the safety zone. In addition, before the activation of 
the zone, we 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 
INFORMATION 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 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 establishing a temporary safety zone. 
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. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this 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 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:


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    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. Add Sec.  165.T05-0507 to read as follows:


Sec.  165.T05-0507  Safety Zone for Fireworks Display, Potomac River, 
National Harbor Access Channel; Oxon Hill, MD.

    (a) Regulated Area. The following area is a safety zone: All waters 
of the Potomac River, National Harbor Access Channel, within a 150 
yards radius of a fireworks discharge platform in approximate position 
latitude 38[deg]47[min]00[sec] N, longitude 77[deg]01[min]21[sec] W, 
located at Oxon Hill in Prince Georges County, 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.T05-0507.
    (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 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 period. This section will be enforced from 8 p.m. 
through 10:30 p.m. on June 24, 2012 and, if necessary due to inclement 
weather, from 8 p.m. through 10:30 p.m. on June 25, 2012.

    Dated: June 4, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-14846 Filed 6-18-12; 8:45 am]
BILLING CODE 9110-04-P