[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Rules and Regulations]
[Pages 17494-17496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08283]


-----------------------------------------------------------------------

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.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 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.

DATES: This rule is effective from 11 p.m. on April 21, 2018, through 1 
a.m. on April 23, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0029 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 15, 2017, the Baltimore Office of Promotion and The 
Arts notified the Coast Guard that 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, it will be conducting a fireworks display launched from five 
floating platforms in the Inner Harbor, between Inner Harbor Pier 3 and 
Inner Harbor Pier 5, in Baltimore, MD. In response, on March 6, 2018, 
the Coast Guard published a notice of proposed rulemaking (NPRM) titled 
``Safety Zone for Fireworks Display; Patapsco River, Inner Harbor, 
Baltimore, MD'' (83 FR 9456). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to this 
fireworks display. During the comment period that ended April 5, 2018, 
we received three comments.
    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. Delaying the effective date of 
this rule would be contrary to public

[[Page 17495]]

interest because immediate action is needed to respond to the potential 
safety hazards associated with a fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Baltimore (COTP) has determined that 
potential hazards associated with the fireworks to be used in this 
April 21, 2018, display will be a safety concern for anyone in the 
Inner Harbor near the five fireworks floating platforms. The purpose of 
this rule is to ensure safety of vessels and the navigable waters in 
the safety zone before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received three comments on our NPRM published 
March 6, 2018. All three comments addressed issues not related to this 
rulemaking. Therefore, there are no substantive changes in the 
regulatory text of this rule from the proposed rule in the NPRM. We are 
making one small correction to a typographical error in paragraph 
(a)(2). The proposed text for this paragraph incorrectly crossed 
referenced paragraph (a) instead of paragraph (b), which is where the 
location of the zone is actually described.
    This rule establishes a safety zone from 11 p.m. on April 21, 2018, 
until 1 a.m. on April 23, 2018. This rule will be enforced from 11 p.m. 
on April 21, 2018, until 1 a.m. on April 22, 2018, or 11 p.m. on April 
22, 2018, until 1 a.m. on April 23, 2018, in the case of inclement 
weather on April 21st. 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 life on these 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.

V. Regulatory Analyses

    We developed this 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 will restrict the entire width of the waterway, it will 
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 received no comments from the Small Business 
Administration on this 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. 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).

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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive 
Order13132.
    Also, 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. If 
you believe this 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 rule

[[Page 17496]]

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969(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 a 
safety zone lasting two hours that would prohibit vessel movement 
within the Inner Harbor at Baltimore, MD. It is 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 Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

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.

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; 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.  [thinsp]165.T05-0029 to read as follows:


Sec.  [thinsp]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 (b) 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 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: April 16, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-08283 Filed 4-19-18; 8:45 am]
 BILLING CODE 9110-04-P