[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Proposed Rules]
[Pages 32219-32222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12660]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0391]
RIN 1625-AA00
Safety Zone, Temporary Change for Recurring Fifth Coast Guard
District Fireworks Displays, Middle River; Baltimore County, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard is proposing a temporary change to the
enforcement periods and regulated areas of safety zone regulations for
a recurring fireworks display within the Fifth Coast Guard District.
This regulation applies to a recurring fireworks display event that
take place in Baltimore County, MD. Safety zone regulations are
necessary to provide for the safety of life on navigable waters during
the event. This action is intended to restrict vessel traffic in
portions of the Middle River during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before June 28, 2013.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) 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 Houck, Sector Baltimore Waterways Management
Division, Coast Guard; telephone 410-576-2674, email
[email protected]. If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, 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
[[Page 32220]]
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-2013-0391] 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-2013-0391) 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).
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. Basis and Purpose
Fireworks display events are frequently held on or adjacent to
navigable waters within the boundary of the Fifth Coast Guard District.
For a description of the geographical area of each Coast Guard Sector--
Captain of the Port Zone, please see 33 CFR 3.25. The Table to Sec.
165.506, event (b)(3), establishes the enforcement date for the annual
Independence Day holiday fireworks event held in Baltimore County, MD.
That date is generally the July-Saturday before July 4. The Eastern
Yacht Club, which is the sponsor for this event, holds this event
annually.
On July 6, 2013, the Eastern Yacht Club will sponsor its annual
fireworks event. This event will take place in Baltimore County, MD on
the waters of the Middle River. The regulation at 33 CFR 165.506 is
enforced annually for this event. Also, a fleet of spectator vessels is
expected to gather near the event site to view the fireworks. To
provide for the safety of participants, spectators, and transiting
vessels, the Coast Guard temporarily restricts vessel traffic in the
event area from 8 p.m. to 10:30 p.m. on the date of the event. The
regulation at 33 CFR 165.506 will be enforced for the duration of the
event. Vessels may not enter the regulated area unless they receive
permission from the Coast Guard Captain of the Port Baltimore or the
designated on-scene patrol personnel.
C. Discussion of Proposed Rule
This regulation proposes to temporarily change the enforcement
period for a safety zone for an annually recurring fireworks event,
described at (b)(3) of the Table to 33 CFR 165.506, that is normally
scheduled to occur each year on July--Saturday before Independence Day
holiday.
This regulation temporarily changes the date for the fireworks
event. The date is changed to July--Saturday after Independence Day
holiday. The temporary safety zone will be enforced from 8 p.m. to
10:30 p.m. on July 6, 2013, and will restrict general navigation in the
regulated area during the event. Except for participants and vessels
authorized by the Coast Guard Captain of the Port Baltimore or the
designated on-scene patrol personnel, no person or vessel will be
allowed to enter or remain in the regulated area. This regulation is
needed to control vessel traffic during the event to enhance the safety
of participants, spectators and transiting vessels.
D. 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.
Although this regulation would restrict access to this area, the
effect of this proposed rule will not be significant because: (i) the
safety zone will only be in effect from 8 p.m. to 10:30 p.m. on July 6,
2013, (ii) the Coast Guard will give advance notification via maritime
advisories so mariners can adjust their plans accordingly, and (iii)
although the safety zone will apply to a section of the Middle River,
vessel traffic will be able to transit safely around the safety zone.
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.
[[Page 32221]]
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 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 the specified portions of
the Middle River, from 8 p.m. through 10:30 p.m. on July 6, 2013. This
proposed safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
regulated area is of limited size, (ii) this proposed rule will only be
in effect for 2\1/2\ hours, and (iii) although the safety zone will
apply to a section of the Middle River, vessel traffic will be able to
transit safely around the safety zone. Before the enforcement period,
the Coast Guard will issue maritime advisories widely available to
users of the waterway, to allow mariners to make alternative plans for
transiting the affected area.
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 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 implementation of regulations at 33 CFR part 165 that
establish safety zones on navigable waters of the United States for
fireworks events. 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
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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.
[[Page 32222]]
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
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2. In Sec. 165.506, in the Table to Sec. 165.506, make the following
amendments:
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a. Under ``(b) Coast Guard Sector Baltimore--COTP Zone,'' suspend
number 3, which will be enforced on June 29th.
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b. Under ``(b) Coast Guard Sector Baltimore--COTP Zone,'' add number 24
on July 6th, to read as follows:
Sec. 165.506 Safety Zones; Fifth Coast Guard District Fireworks
Displays.
* * * * *
Table to Sec. 165.506
[All coordinates listed in the Table to Sec. 165.506 reference Datum
NAD 1983]
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Number Date Location Regulated area
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Coast Guard Sector Baltimore--COTP Zone
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24................ July 6th........ Middle River, All waters of
Baltimore the Middle
County, MD, River within a
Safety Zone. 300 yard radius
of the
fireworks barge
in approximate
position
latitude
39[deg]17'45''
N, longitude
076[deg]23'49''
W,
approximately
300 yards east
of Rockaway
Beach, near
Turkey Point.
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Dated: May 15, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-12660 Filed 5-28-13; 8:45 am]
BILLING CODE 9110-04-P