[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Proposed Rules]
[Pages 68718-68721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27814]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0969]
RIN 1625-AA00
Safety Zone for Fireworks Display, Upper Potomac River,
Alexandria Channel; Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
encompassing certain waters of the Upper Potomac River. This action is
necessary to provide for the safety of life on navigable waters during
a fireworks display launched from a barge located within the Alexandria
Channel at Washington, DC. This safety zone is intended to protect the
maritime public in a portion of the Upper Potomac River.
DATES: Comments and related material must be received by the Coast
Guard on or before December 17, 2012. If finalized, this rule would be
effective from 10:30 p.m. on December 31, 2012 through 9 p.m. on
January 1, 2013.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Fax: 202-493-2251.
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 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. 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 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-2012-0969 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-2012-0969) 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).
[[Page 68719]]
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. Regulatory History and Information
This rule involves a New Years Eve fireworks display, an event that
takes place in Alexandria, Virginia each year on December 31st and
attracts thousands of spectators. This year, the launch site for the
annual fireworks display is being moved from land to a discharge barge
located on the Upper Potomac River. The permanent safety zone listed as
Number 21 in the Table to 33 CFR 165.506 does not apply to this event.
C. Basis and Purpose
First Night Alexandria, of Alexandria, Virginia, will conduct a
fireworks display launched from a barge located on the Upper Potomac
River, near Alexandria, Virginia, scheduled on December 31, 2012 at
approximately 12 a.m. Midnight. If necessary, due to inclement weather,
the fireworks display may be re-scheduled to take place on January 1,
2013 at approximately 8 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. 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.
D. Discussion of Proposed Rule
Through this regulation, the Coast Guard proposes to establish a
temporary safety zone. The proposed zone would encompass all waters of
the Upper Potomac River, Alexandria Channel, within a 200 yards radius
of a fireworks discharge barge in approximate position latitude
38[deg]48'40'' N, longitude 077[deg]02'07'' W, located near the
waterfront of Alexandria, Virginia. The temporary safety zone would be
enforced from 10:30 p.m. on December 31, 2012 through 1 a.m. on January
1, 2013 and, if necessary due to inclement weather, from 6:30 p.m.
through 9 p.m. on January 1, 2013.
The effect of this temporary safety zone would be to restrict
navigation in the regulated area during, as well as the set up and take
down of, the fireworks display. Vessels would be allowed to transit the
waters of the Upper Potomac River outside the safety zone.
This rule would require that entry into or remaining in this safety
zone is prohibited unless authorized by the Coast Guard Captain of the
Port Baltimore. Vessels already at berth, mooring, or anchor in the
safety zone at the time the safety zone is implemented would not have
to depart the zone. All vessels underway within this safety zone at the
time it is implemented would have 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.
E. 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. There is no vessel
traffic associated with recreational boating and commercial fishing
expected during the effective period.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. 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 would 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 the safety
zone during the enforcement period. Before the effective period,
maritime advisories will be widely available to the maritime community.
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
[[Page 68720]]
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 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. 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
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, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T05-0969 to read as follows:
Sec. 165.0969 Safety Zone, Upper Potomac River, Alexandria Channel;
Washington, DC.
(a) Location. The following area is a safety zone: All waters of
the Upper Potomac River, Alexandria Channel, within a 200 yards radius
of a fireworks discharge barge in approximate position latitude
38[deg]48'40'' N, longitude 077[deg]02'07'' W, located near the
waterfront of Alexandria, Virginia. 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.T05.0969.
(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. Vessels
already at berth, mooring, or anchor at the time the safety zone is
implemented do not have to depart the safety zone. 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 at the minimum speed necessary to
maintain a safe course 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) Effective period. This section will be enforced from 10:30 p.m.
on December 31, 2012 through 1 a.m. on January 1, 2013 and, if
necessary due to inclement weather, from 6:30 p.m. through 9 p.m. on
January 1, 2013.
[[Page 68721]]
Dated: November 2, 2012.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-27814 Filed 11-15-12; 8:45 am]
BILLING CODE 9110-04-P