[Federal Register: May 30, 2006 (Volume 71, Number 103)]
[Proposed Rules]
[Page 30642-30644]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my06-31]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-056]
RIN 1625-AA00
Safety Zone; Fireworks Display, Chesapeake Bay, Tred Avon River,
Oxford, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
upon certain waters of the Tred Avon River during a fireworks display.
This action is necessary to provide for the safety of life on navigable
waters during a fireworks display launched from a barge, located
between Bellevue, Maryland and Oxford, Maryland. This action will
restrict vessel traffic in a portion of the Tred Avon River.
DATES: Comments and related material must reach the Coast Guard on or
before June 29, 2006.
ADDRESSES: You may mail comments and related material to Commander,
U.S. Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Building
70, Waterways Management Division, Baltimore, Maryland 21226-1791.
Coast Guard Sector Baltimore, Waterways Management Division, maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be available for inspection or copying at Commander, U.S. Coast Guard
Sector Baltimore, 2401 Hawkins Point Road, Building 70, Waterways
Management Division, 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, at Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
(410) 576-2674 or (410) 576-2693.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-06-
056), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Sector Baltimore,
Waterways Management Division, at the address under ADDRESSES
explaining why one 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.
Background and Purpose
Each year, thousands of spectators attend an outdoor Independence
Day fireworks display discharged from vessels or floating platforms on
or near the navigable waters of the United States. Accidental discharge
of fireworks and falling hot embers are a safety concern during such
events. The Coast Guard has the authority to impose appropriate
controls on marine events that may pose a threat to persons, vessels
and facilities under its jurisdiction. The Coast Guard proposes to
establish a safety zone that will be enforced during a fireworks
display held over the Tred Avon River, a tributary of the Chesapeake
Bay. The proposed rule is needed to control movement through a portion
of the waterway that is heavily populated by vessels seeking to view
the fireworks display and participate in the Independence Day
celebration.
Discussion of Proposed Rule
On July 2, 2006, the Tred Avon Yacht Club will sponsor a fireworks
display launched from a barge located on the Tred Avon River, near
Oxford, Maryland. The planned event includes a thirty-five minute
aerial fireworks display beginning at dusk. A rain date is being
proposed for July 3, 2006. A large 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 rule is to promote maritime safety, and to
protect the environment and mariners transiting the area from the
potential hazards due to falling embers or other debris associated
[[Page 30643]]
with a fireworks display from a barge. This rule proposes to establish
a safety zone on the waters of the Tred Avon River, within a radius of
150 yards around a fireworks barge, which will be located at position
latitude 38[deg]41'48'' N, longitude 076[deg]10'38'' W. The Coast Guard
anticipates a large recreational boating fleet during this event. The
rule will impact the movement of all vessels operating in a specified
area of the Tred Avon River. Interference with normal port operations
will be kept to the minimum considered necessary to ensure the safety
of life on the navigable waters immediately before, during, and after
the scheduled event.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities: The owners or operators of vessels intending
to operate, remain or anchor within certain waters of the Tred Avon
River, within a radius of 150 yards around a fireworks barge located at
position latitude 38[deg]41'48'' N, longitude 076[deg]10'38'' W , from
7:30 p.m. to 10:30 p.m. on July 2, 2006, or if warranted due to
inclement weather, on July 3, 2006. This safety zone 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 three hours,
commercial vessel traffic in this area is very limited, vessels not
constrained by their draft may proceed safely around the safety zone,
and before the effective period, we will issue maritime advisories
widely available to users of the river.
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.
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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Coast Guard Sector Baltimore,
Waterways Management Division, at telephone number (410) 576-2674. 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.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this proposed 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
[[Page 30644]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, 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 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. This rule
establishes a safety zone.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether this
rule should be categorically excluded from further environmental
review.
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
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; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add temporary Sec. 165.T05-056 to read as follows:
Sec. 165.T05-056 Safety zone; Fireworks Display, Chesapeake Bay, Tred
Avon River, Oxford, MD.
(a) Location. The following area is a safety zone: All waters of
the Tred Avon River near Oxford, Maryland, surface to bottom, within a
radius of 150 yards around a fireworks barge which will be located at
position latitude 38[deg]41[min]48[sec] N, longitude
076[deg]10[min]38[sec] W. All coordinates reference Datum NAD 1983.
(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
10:30 p.m. on July 2, 2006, and if warranted due to inclement weather,
from 7:30 p.m. to 10:30 p.m. on July 3, 2006.
Dated: May 19, 2006.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E6-8294 Filed 5-26-06; 8:45 am]
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