[Federal Register: August 2, 2004 (Volume 69, Number 147)]
[Rules and Regulations]
[Page 46099-46101]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au04-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-04-137]
RIN 1625-AA00
Safety Zone; Fireworks Display, Potomac River, Charles County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the waters of
the Potomac River. This action is necessary to provide for the safety
of life and property during a fireworks display on the Potomac River.
The safety zone will allow for control of designated areas of the river
and safeguard spectators and participants.
DATES: This rule is effective from 8 p.m. to 10:30 p.m. on August 14,
2004, with a rain date of August 28, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-04-137 and are available for
inspection or copying at Commander, Coast Guard Activities Baltimore,
2401 Hawkins Point Road, Baltimore, Maryland 21226-1791, between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Coast Guard
Activities Baltimore, at (410) 576-2674.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing a NPRM and delaying
its effective date would be contrary to public interest, since there is
not sufficient time to publish a proposed rule in advance of the event
and immediate action is needed to protect persons and vessels against
the hazards associated with a fireworks display from a barge, such as
premature detonation or falling 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. This safety zone of short duration
is needed to provide for the safety of persons and vessels on the
Potomac River and the public at large.
Background and Purpose
On August 14, 2004, with a rain date of August 28, 2004, Crabmando
Watersports Inc. in King George, Virginia, will sponsor an event that
will include a fireworks display launched from a barge on the Potomac
River. A fleet of spectator vessels is anticipated for these events.
Due to the need for vessel control during the fireworks display, vessel
traffic will be restricted to provide for the safety of spectators and
transiting vessels.
The purpose of this regulation is to promote maritime safety, and
to protect the environment and mariners transiting the area from the
potential hazards due to a fireworks display from a barge. This rule
establishes a safety zone on the waters of the Potomac River, enclosed
within the arc of a circle with a radius of 600 feet and with its
center located at position 38[deg]20''30' N, 077[deg]14''30' W.
Discussion of Rule
The Coast Guard is establishing a safety zone on specified waters
of the Potomac River. The safety zone will be in effect from 8 p.m. to
10:30 p.m. on August 14, 2004, with a rain date of August 28, 2004.
This safety zone will protect spectators and mariners transiting the
area from the potential hazards associated with a fireworks display
launched from a barge on the Potomac River. This rule limits access to
the safety zone to those vessels authorized by the Captain of the Port
Baltimore. Except for persons or vessels authorized by the Captain of
the Port Baltimore, no person or vessel may enter or remain in the
zone. The Captain of the Port will notify the maritime
[[Page 46100]]
community via marine broadcasts of the safety zone.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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
transit or anchor in a portion of the Potomac River from 8 p.m. to
10:30 p.m. on August 14, 2004 or August 28, 2004 if the rain date
becomes necessary. This rule will not have a significant economic
impact on a substantial number of small entities for the following
reasons. This rule will be in effect for less than three hours late in
the evening when vessel traffic is low, vessel traffic not constrained
by its draft can pass safely around the safety zone, and the Coast
Guard will issue maritime advisories to users of the river before the
effective period.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section
[[Page 46101]]
2.B.2 of the Instruction. Therefore, this rule is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from
further environmental documentation. This rule establishes a safety
zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T05-137 to read as follows:
Sec. 165.T05-137 Safety zone; Fireworks Display, Potomac River,
Charles County, Maryland.
(a) Location. The following area is a safety zone: All waters of
the Potomac River, surface to bottom, enclosed within a 600 foot radius
around the position 38[deg]20'30'' N, 077[deg]14'30'' W. All
coordinates reference Datum NAD 1983.
(b) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) All vessels and persons are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port, Baltimore,
Maryland.
(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 by radio on
VHF-FM channel 16.
(3) All Coast Guard assets enforcing this safety zone can be
contacted on VHF 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 means the Commander, Coast Guard Activities
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.
(d) Effective period. This section is effective from 8 p.m. to
10:30 p.m. on August 14, 2004, with a rain date of August 28, 2004.
Dated: July 22, 2004.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore,
Maryland.
[FR Doc. 04-17530 Filed 7-30-04; 8:45 am]
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