[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Rules and Regulations]
[Pages 22869-22871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09500]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0236]
RIN 1625-AA00


Safety Zone for Fireworks Display, Patapsco River, Northwest 
Harbor (East Channel); Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing certain waters of the Patapsco River. This action is 
necessary to provide for the safety of life on navigable waters during 
a fireworks display launched from a barge located adjacent to the East 
Channel of Northwest Harbor at Baltimore, MD on May 8, 2014. This 
safety zone is intended to protect the maritime public in a portion of 
the Patapsco River.

DATES: This rule is effective from April 25, 2014 through May 9, 2014 
and enforceable from 7:30 p.m. on May 8, 2014 through 9:30 p.m. on May 
9, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0236]. 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, U.S. Coast Guard Sector Baltimore, MD; 
telephone 410-576-2674, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, 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 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 due to the short time period between event 
planners notifying the Coast Guard of details concerning the event, on 
March 25, 2014, and publication of this safety zone. As such, it is 
impracticable to provide a full comment period due to lack of time. 
Furthermore, delaying the effective date of this safety zone would be 
contrary to the public interest given the high risk of injury and 
damage 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.
    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, 
and enhancing public and maritime safety. The permanent safety zones 
listed in the Table to 33 CFR 165.506 do not apply to this event.

B. Basis and Purpose

    Under Armour, Inc., and InVNT, LLC of New York, NY, will sponsor a 
fireworks display launched from a barge located adjacent to the East 
Channel of Northwest Harbor in Baltimore, MD, scheduled on May 8, 2014 
at 8:30 p.m. If necessary due to inclement weather, the fireworks 
display will be rescheduled to May 9, 2014.
    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 before, during and after the 
scheduled event.

C. Discussion of the Final Rule

    Through this regulation, the Coast Guard will establish a safety 
zone. The temporary safety zone will be enforced from 7:30 p.m. through 
9:30 p.m. on May 8, 2014, and if necessary due to inclement weather, 
from 7:30 p.m. through 9:30 p.m. on May 9, 2014. The safety zone will 
encompass all waters of the Patapsco River, within a 200 yards radius 
of a fireworks discharge barge in approximate position latitude 
39[deg]15'55'' N, longitude 076[deg]34'33'' W, located adjacent to the 
East Channel of Northwest Harbor at Baltimore, Maryland, MD. This 
location is entirely within the Area of Responsibility of the Captain 
of the Port Baltimore, as set forth at 33 CFR 3.25-15.
    The effect of this temporary safety zone will be to restrict 
navigation in the regulated area immediately before, during, and 
immediately after the fireworks display. Vessels will be allowed to 
transit the waters of the Patapsco River outside the safety zone.
    This rule requires that entry into or remaining in this safety zone 
is prohibited unless authorized by the Coast Guard Captain of the Port 
Baltimore. All vessels underway within this safety zone at the time it 
is implemented are to depart the zone. To seek permission to transit 
the area of the safety zone, the Captain of the Port Baltimore can be 
contacted at telephone number 410-576-2693 or on Marine Band Radio VHF-
FM channel 16 (156.8 MHz). Coast Guard vessels enforcing the safety 
zone can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 
MHz). Federal, state, and local agencies may assist the Coast Guard in 
the enforcement of the safety zone. The Coast Guard will issue notices 
to the maritime community to further publicize the safety zone and 
notify the public of changes in the status of the zone. Such notices 
will continue until the event is complete.

[[Page 22870]]

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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 
restricts vessel traffic through the affected area, the effect of this 
regulation will not be significant due to the limited size and duration 
that the regulated area will be in effect. The Coast Guard will give 
advance notification via maritime advisories so mariners can adjust 
their plans accordingly.

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. 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 may affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to operate or transit through or within, or anchor in, the 
safety zone during the enforcement period. The safety zone will not 
have a significant economic impact on a substantial number of small 
entities for the reasons provided under Regulatory Planning and Review.

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 
for a fireworks display. The fireworks are launched from navigable 
waters of the United States and may negatively

[[Page 22871]]

impact the safety or other interests of waterway users and near shore 
activities in the event area. The activity includes fireworks launched 
from barges near the shoreline that generally rely on the use of 
navigable waters as a safety buffer to protect the public from 
fireworks fallouts and premature detonations. 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:

    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 temporary Sec.  165.T05-0236 to read as follows:


Sec.  165.T05-0236  Safety Zone for Fireworks Display, Patapsco River, 
Northwest Harbor (East Channel); Baltimore, MD.

    (a) Location. The following area is a safety zone: All waters of 
the Patapsco River, within a 200 yards radius of a fireworks discharge 
barge in approximate position latitude 39[deg]15'55'' N, longitude 
076[deg]34'33'' W, located adjacent to the East Channel of Northwest 
Harbor at Baltimore, Maryland. All coordinates refer to datum 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.T05-0236.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Baltimore. All 
vessels underway within this safety zone at the time it is implemented 
are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone must 
first obtain authorization from the Captain of the Port Baltimore or 
his designated representative. To seek permission to transit the area, 
the Captain of the Port Baltimore and his designated representatives 
can be contacted at telephone number 410-576-2693 or on Marine Band 
Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing 
this section can be contacted on Marine Band Radio VHF-FM channel 16 
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other 
Federal, State, or local agency vessel, by siren, radio, flashing 
light, or other means, the operator of a vessel shall proceed as 
directed. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port Baltimore or his 
designated representative and proceed as directed while within the 
zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (c) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard 
Sector Baltimore, Maryland.
    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 period. This section is enforceable from 7:30 p.m. 
on May 8, 2014 through 9:30 p.m. on May 9, 2014.

    Dated: April 8, 2014.
M.M. Dean,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2014-09500 Filed 4-24-14; 8:45 am]
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