[Federal Register: September 30, 2005 (Volume 70, Number 189)]
[Rules and Regulations]
[Page 57150-57152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se05-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-05-122]
RIN 1625-AA00
Safety Zone; Fireworks Display, Potomac River, Washington, DC.
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 7:30 p.m. to 10 p.m. on October 1,
2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-05-122 and are available for
inspection or copying at Commander, Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Baltimore, Maryland 21226-1791, between 9 a.m. and
3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Coast Guard Sector
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
[[Page 57151]]
for not publishing an NPRM. Publishing an 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.
Background and Purpose
On October 1, 2005, The Kennedy Center of Performing Arts in
Washington, DC will sponsor an event entitled ``Festival of China''
that will include a fireworks display launched from two barges located
on the Potomac River, approximately 1,000 feet upstream of the Theodore
Roosevelt Memorial Bridge, in Washington, DC. A fleet of spectator
vessels is anticipated for this event. 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 in
Washington, DC, approximately 1,000 feet upstream of the Theodore
Roosevelt Memorial Bridge, within a radius of 200 yards around two
fireworks barges which will be located at position latitude 38[deg]53'
45.7'' N, longitude 077[deg]03' 31.6'' 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 7:30 p.m.
to 10 p.m. on October 1, 2005. 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 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 7:30 p.m. to
10 p.m. on October 1, 2005. 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 two-and-a-half
hours, commercial vessel traffic in this area is limited, vessels not
constrained by their draft may proceed 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.
[[Page 57152]]
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 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'' will be 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.T05-122 to read as follows:
Sec. 165.T05-122 Safety zone; Fireworks Display, Potomac River,
Washington, DC.
(a) Location. The following area is a safety zone: All waters of
the Potomac River in Washington, DC, surface to bottom, within a radius
of 200 yards around two fireworks barges which will be located
approximately 1,000 feet upstream of the Theodore Roosevelt Memorial
Bridge, at position latitude 38[deg]53[min]45.7[sec] N, longitude
077[deg]03[min]31.6[sec] W. All coordinates reference Datum NAD.
(b) Definition. The Captain of the Port Baltimore means the
Commander, Coast Guard Sector 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.
(c) Regulations. The general regulations governing safety zones,
found in Sec. 165.23, apply to the safety zone described in paragraph
(a) of this section.
(1) All vessels and persons are prohibited from entering this zone,
except as authorized by the 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 marine
band radio on VHF channel 16 (156.8 MHz).
(3) All Coast Guard vessels enforcing this safety zone can be
contacted on marine band radio VHF channel 16 (156.8 MHz).
(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.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State and local agencies.
(e) Effective period. This section is effective from 7:30 p.m. to
10 p.m. on October 1, 2005.
Dated: September 19, 2005.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore,
Maryland.
[FR Doc. 05-19584 Filed 9-29-05; 8:45 am]
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