[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]
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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.
ACTION: Temporary final rule.
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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]
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