Safety Zone, Temporary Change for Recurring Fifth Coast Guard District Fireworks Displays, Middle River; Baltimore County, MD

Federal Register, Volume 78 Issue 103 (Wednesday, May 29, 2013)

Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)

Proposed Rules

Pages 32219-32222

From the Federal Register Online via the Government Printing 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 Ronald.L.Houck@uscg.mil. 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

1. 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.

2. 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.

3. 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.

4. 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.

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   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.

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   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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   1. Under ``(b) Coast Guard Sector Baltimore--COTP Zone,'' suspend number 3, which will be enforced on June 29th.

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   2. 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.

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      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

      39deg17'45''

      N, longitude

      076deg23'49''

      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