[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Proposed Rules]
[Pages 32219-32222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12660]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0391]
RIN 1625-AA00


Safety Zone, Temporary Change for Recurring Fifth Coast Guard 
District Fireworks Displays, Middle River; Baltimore County, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard is proposing a temporary change to the 
enforcement periods and regulated areas of safety zone regulations for 
a recurring fireworks display within the Fifth Coast Guard District. 
This regulation applies to a recurring fireworks display event that 
take place in Baltimore County, 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 Middle River during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 28, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 Barbara Hairston, 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. 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

[[Page 32220]]

any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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 at 
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, 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, 
type the docket number [USCG-2013-0391] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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.

2. 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, 
type the docket number (USCG-2013-0391) 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the 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.

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. The Table to Sec. 
165.506, event (b)(3), establishes the enforcement date for the annual 
Independence Day holiday fireworks event held in Baltimore County, MD. 
That date is generally the July-Saturday before July 4. The Eastern 
Yacht Club, which is the sponsor for this event, holds this event 
annually.
    On July 6, 2013, the Eastern Yacht Club will sponsor its annual 
fireworks event. This event will take place in Baltimore County, MD on 
the waters of the Middle 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 temporarily restricts vessel traffic in the 
event area from 8 p.m. to 10:30 p.m. on the date of the event. 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 Proposed Rule

    This regulation proposes to temporarily change the enforcement 
period for a safety zone for an annually recurring fireworks event, 
described at (b)(3) of the Table to 33 CFR 165.506, that is normally 
scheduled to occur each year on July--Saturday before Independence Day 
holiday.
    This regulation temporarily changes the date for the fireworks 
event. The date is changed to July--Saturday after Independence Day 
holiday. The temporary safety zone will be enforced from 8 p.m. to 
10:30 p.m. on July 6, 2013, and will restrict general navigation in the 
regulated area during the event. 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.

D. Regulatory Analyses

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

1. 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, 
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 this area, the 
effect of this proposed rule will not be significant because: (i) the 
safety zone will only be in effect from 8 p.m. to 10:30 p.m. on July 6, 
2013, (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 a section of the Middle 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 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.

[[Page 32221]]

The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will 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 Middle River, from 8 p.m. through 10:30 p.m. on July 6, 2013. 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 area is of limited size, (ii) this proposed rule will only be 
in effect for 2\1/2\ hours, and (iii) although the safety zone will 
apply to a section of the Middle 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.

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 proposed 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. 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.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

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

14. Environment

    We have analyzed this proposed 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 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. 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. This rule is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary 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 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

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.

[[Page 32222]]

107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. In Sec.  165.506, in the Table to Sec.  165.506, make the following 
amendments:
0
a. Under ``(b) Coast Guard Sector Baltimore--COTP Zone,'' suspend 
number 3, which will be enforced on June 29th.
0
b. Under ``(b) Coast Guard Sector Baltimore--COTP Zone,'' add number 24 
on July 6th, 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
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                 Coast Guard Sector Baltimore--COTP Zone
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                              * * * * * * *
24................  July 6th........  Middle River,     All waters of
                                       Baltimore         the Middle
                                       County, MD,       River within a
                                       Safety Zone.      300 yard radius
                                                         of the
                                                         fireworks barge
                                                         in approximate
                                                         position
                                                         latitude
                                                         39[deg]17'45''
                                                         N, longitude
                                                         076[deg]23'49''
                                                         W,
                                                         approximately
                                                         300 yards east
                                                         of Rockaway
                                                         Beach, near
                                                         Turkey Point.
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    Dated: May 15, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-12660 Filed 5-28-13; 8:45 am]
BILLING CODE 9110-04-P