[Federal Register: March 30, 2005 (Volume 70, Number 60)]
[Rules and Regulations]
[Page 16113-16115]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr05-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-05-021]
RIN 1625-AA00
Safety Zone; National Cherry Blossom Festival 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 temporary safety zone on the
Upper Potomac River in the Washington Channel, Washington, DC. This
safety zone is necessary to provide for the safety of life and property
during a fireworks display being held during the annual National Cherry
Blossom Festival in Washington, DC. This safety zone will restrict the
movement of vessel traffic in the immediate area of the fireworks
discharge site.
DATES: This rule is effective from 7 p.m. to 9 p.m. eastern standard
time on April 2, 2005, with a rain date of April 3, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-05-021 and are available for
inspection or copying at Commander, Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Baltimore, Maryland 21226-1791, between 8 a.m. and
3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald L. 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 for not publishing an NPRM. Publishing an NPRM and
delaying its effective date would be contrary to the 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. Advance notification of the
security zone and the fireworks display will be provided to the public
via marine information broadcasts and by local media.
Background and Purpose
On April 2, 2005, the National Cherry Blossom Festival will sponsor
a fireworks display from a barge on the Washington Channel, in
Washington, DC, in approximate position latitude 38[deg]52'08.5'' N,
longitude 077[deg]01'13.0'' W. The event will consist of an aerial
fireworks display of short duration. A fleet of spectator vessels is
anticipated.
[[Page 16114]]
Due to the need for vessel control on the waters of the Washington
Channel during the event, vessel traffic will be temporarily restricted
to provide for the safety of spectators, participants and transiting
vessels.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone on
specified waters of the Washington Channel. The temporary safety zone
will be enforced from 7 p.m. to 9 p.m. eastern standard time on April
2, 2005, with a rain date of April 3, 2005. The effect will be to
restrict general navigation in the regulated area during the event. No
person or vessel may enter or remain in the safety zone. Vessels will
be allowed to transit the waters of the Washington Channel outside the
safety zone. This safety zone is needed to control vessel traffic
during the event to enhance the safety of participants, spectators and
transiting vessels.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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).
Although this rule prevents traffic from transiting a portion of
the Washington Channel during the event, the effect of this rule will
not be significant due to the limited duration of the regulation,
limited size of the regulated area, and the extensive notifications
that will be made to the maritime community via marine information
broadcasts and local media, so mariners can adjust their plans
accordingly. 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
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 the effected portions of the Washington Channel from 7
p.m. to 9 p.m. Eastern Standard Time on April 2, 2005 or April 3, 2005
if the rain date becomes necessary.
Although this rule prevents traffic from transiting or anchoring in
a portion of the Washington Channel during the event, the effect of
this rule will not be significant because of its limited duration,
limited area, and the advance notifications that will be made to the
maritime community via marine information broadcasts and local media,
so mariners can adjust their plans accordingly.
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 rule so that they can 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 Guards, call 1-888-REG-
FAIR (1-888-743-3247).
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 this rule 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 does not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does 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 concern 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 12211, 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
[[Page 16115]]
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 considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. This regulation establishes a temporary
safety zone. A ``Categorical Exclusion Determination'' is 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. From 7 p.m. until 9 p.m. on April 2, 2005, add temporary Sec.
165.T05-021 to read as follows:
Sec. 165.T05-021 Safety zone; National Cherry Blossom Festival
Fireworks Display, Potomac River, Washington, DC.
(a) Location. The following area is a safety zone: All waters
located on the Upper Potomac River in the Washington Channel,
Washington, DC, within a 350-foot diameter of a fireworks discharge
barge located in approximate position latitude 38[deg]52'08.5'' N,
longitude 077[deg]01''13.0'' W.
(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. The Captain of the Port 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.
(d) Effective period. This section is effective from 7 p.m. to 9
p.m. Eastern Standard Time on April 2, 2005, with a rain date of April
3, 2005.
Dated: March 22, 2005.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 05-6307 Filed 3-29-05; 8:45 am]
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