[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Proposed Rules]
[Pages 9456-9459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04487]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0029]
RIN 1625-AA00


Safety Zone for Fireworks Display; Patapsco River, Inner Harbor, 
Baltimore, MD

AGENCY: Coast Guard, DHS.

[[Page 9457]]


ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of the Patapsco River. This action is necessary to 
provide for the safety of life on the navigable waters of the Inner 
Harbor at Baltimore, MD, during a fireworks display on April 21, 2018. 
If necessary, due to inclement weather, the event will be rescheduled 
to April 22, 2018. This action will prohibit persons and vessels from 
entering the safety zone unless authorized by the Captain of the Port 
Maryland-National Capital Region or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0029 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ronald Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast 
Guard; telephone 410-576-2674, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On December 15, 2017, the Baltimore Office of Promotion and The 
Arts notified the Coast Guard that it will be conducting a fireworks 
display from 11:59 p.m. on April 21, 2018, to 12:06 a.m. on April 22, 
2018, or if necessary, due to inclement weather, from 11:59 p.m. on 
April 22, 2018 to 12:06 a.m. on April 23, 2018. Final details of the 
event were received by the Coast Guard on January 30, 2018. The public 
fireworks display will be conducted by Fireworks by Grucci, Inc., and 
launched from five floating platforms located within the waters of 
Inner Harbor Baltimore, between Inner Harbor Pier 3 and Inner Harbor 
Pier 5 in Baltimore, MD. Hazards from firework displays include 
accidental discharge of fireworks, dangerous projectiles, and falling 
hot embers or other debris. The COTP has determined that potential 
hazards associated with the fireworks to be used in this display would 
be a safety concern for anyone within 75 yards of each of the five 
fireworks discharge sites.
    The purpose of this rulemaking is to ensure the safety of persons 
and vessels on the navigable waters of the Inner Harbor before, during, 
and after the scheduled event. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 11 p.m. on April 
21, 2018, until 1 a.m. on April 22, 2018, or if necessary, due to 
inclement weather, from 11 p.m. on April 22, 2018, until 1 a.m. on 
April 23, 2018. The safety zone will cover all navigable waters of the 
Patapsco River, Inner Harbor, from shoreline to shoreline, within an 
area bounded on the east by longitude 076[deg]36'12'' W, and bounded on 
the west by the Inner Harbor west bulkhead, located at Baltimore, MD. 
The duration of the zone is intended to ensure the safety of persons 
and vessels on the specified navigable waters before, during, and after 
the scheduled 11:59 p.m. fireworks display. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The regulatory text we are 
proposing appears at the end of this document.

IV. 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 and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Although this 
safety zone would restrict the entire width of the waterway, it would 
impact a small designated area of the Inner Harbor for two hours during 
the evening when vessel traffic is normally low. The Coast Guard will 
issue a Broadcast Notice to Mariners via VHF-FM marine band channel 16 
to provide information about the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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 
section. 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.

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C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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.

F. 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 (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 a safety 
zone lasting two hours that would prohibit vessel movement within the 
Inner Harbor at Baltimore, MD. Normally such actions are categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary 
Record of Environmental Consideration supporting this determination is 
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.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T05-0029 to read as follows:


Sec.  165.T05-0029   Safety Zone for Fireworks Display; Patapsco River, 
Inner Harbor, Baltimore, MD.

    (a) Definitions. As used in this section:
    (1) Captain of the Port Maryland-National Capital Region means the 
Commander, U.S. Coast Guard Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to assist in enforcement of the 
safety zone described in paragraph (a) of this section.
    (b) Location. The following area is a safety zone: All navigable 
waters of the Patapsco River, Inner Harbor, from shoreline to 
shoreline, within an area bounded on the east by longitude 
076[deg]36'12'' W, and bounded on the west by the Inner Harbor west 
bulkhead, located at Baltimore, MD. All coordinates refer to datum NAD 
1983.
    (c) Regulations. The general safety zone regulations found in 33 
CFR part 165, subpart C apply to the safety zone created by this 
section.
    (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 safety zone is prohibited 
unless authorized by the Coast Guard Captain of the Port Maryland-
National Capital Region. 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 shall 
obtain authorization from the Captain of the Port Maryland-National 
Capital Region or designated representative. To request permission to 
transit the area, the Captain of the Port Maryland-National

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Capital Region and or 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 to enter the safety zone, all persons and vessels shall comply 
with the instructions of the Captain of the Port Maryland-National 
Capital Region or designated representative and proceed as directed 
while within the zone.
    (4) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the zone by Federal, State, and local 
agencies.
    (d) Enforcement period. This section will be enforced from 11 p.m. 
on April 21, 2018, until 1 a.m. on April 22, 2018, or if necessary, due 
to inclement weather, from 11 p.m. on April 22, 2018, until 1 a.m. on 
April 23, 2018.

    Dated: February 22, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-04487 Filed 3-5-18; 8:45 am]
 BILLING CODE 9110-04-P