[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Rules and Regulations]
[Pages 56115-56117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22570]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0818]
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 8:30 p.m. on September 12, 2012,
through 11 p.m. on September 13, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0818. 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 publishing an NPRM would be
impracticable. The Coast Guard received the information about the event
on August 6, 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
[[Page 56116]]
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 impracticable for
the reasons described above.
B. Basis and Purpose
Kuoni Destination Management, of Alexandria, Virginia, 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 September 12,
2012 at approximately 9:50 p.m. If necessary, due to inclement weather,
the fireworks display may be re-scheduled to take place on September
13, 2012 at approximately 9:50 p.m.
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. A safety zone is needed 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.
C. Discussion of the Final Rule
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]47'01'' N, longitude 077[deg]01'17'' W,
located at Oxon Hill in Prince Georges County, Maryland (NAD 1983). The
temporary safety zone will be enforced from 8:30 p.m. through 11:00
p.m. on September 12, 2012 and, if necessary due to inclement weather,
from 8:30 p.m. through 11:00 p.m. on September 13, 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.
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 8:30 p.m. through 11:00 p.m. on September 12, 2012 and,
if necessary due to inclement weather, from 8:30 p.m. through 11:00
p.m. on September 13, 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.
[[Page 56117]]
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:
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.T05-0818 to read as follows:
Sec. 165.T05-0818 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]47'01'' N, longitude 077[deg]01'17'' 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 Sec.
165.T05-0818.
(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 8:30
p.m. through 11:00 p.m. on September 12, 2012 and, if necessary due to
inclement weather, from 8:30 p.m. through 11 p.m. on September 13,
2012.
Dated: August 27, 2012.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-22570 Filed 9-10-12; 4:15 pm]
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