[Federal Register: September 16, 2008 (Volume 73, Number 180)]
[Proposed Rules]
[Page 53398-53400]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se08-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0912]
RIN 1625-AA00
Safety Zone; Fireworks Display, Potomac River, National Harbor,
MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone upon
specified waters of the Potomac River. This action is necessary to
provide for the safety of life on navigable waters during a fireworks
display launched from a discharge barge located at National Harbor, in
Prince Georges County, Maryland. This safety zone is intended to
protect the maritime public in a portion of the Potomac River.
DATES: Comments and related material must reach the Coast Guard on or
before October 16, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0912 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: 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.
(3) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Ronald L. Houck, Coast Guard Sector Baltimore, at 410-
576-2674 or 410-576-2693. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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 any
personal information you have provided. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0912), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or 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 them 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. We may change this
proposed rule in view of them.
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 at
any time. Enter the docket number for this rulemaking (USCG-2008-0912)
in the Search box, and click ``Go >>.'' You may also visit either 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; or the 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.
Privacy Act
Anyone can search the electronic form of all 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, system of
records notice regarding
[[Page 53399]]
our public dockets in the January 17, 2008 issue of the Federal
Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility 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
Fireworks displays are frequently held from locations on or near
the navigable waters of the United States. The accidental discharge of
fireworks and falling hot embers or other debris 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 purpose of
this rule is to promote maritime safety, and to protect mariners
transiting the area from the potential hazards associated with a
fireworks display. The rule is needed to ensure the safety of the
maritime public in a portion of the waterway that is expected to be
populated by vessel operators and persons seeking to view the fireworks
display, as well as mariners operating unknowingly too close to the
fireworks discharge site.
Discussion of Proposed Rule
On November 28, 2008, The Peterson Companies at National Harbor, in
Prince Georges County, Maryland, will sponsor a fireworks display in
support of the National Harbor Holiday Tree Lighting Celebration. The
ten-minute aerial display will be launched by Pyrotechnico, Inc. from a
fireworks discharge barge located on the Potomac River at 8 p.m. 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 Captain of the Port Baltimore, Maryland is proposing to
establish a safety zone that will be enforced during the fireworks
display held over the Potomac River, at National Harbor, Maryland. This
proposed rule establishes a safety zone on the Potomac River, an area
approximately 700 yards long and 500 yards wide, within an area bounded
by a line drawn from the following points: latitude
38[deg]47[min]18[sec] N, longitude 077[deg]01[min]01[sec] W; thence to
latitude 38[deg]47[min]11[sec] N, longitude 077[deg]01[min]26[sec] W;
thence to latitude 38[deg]47[min]25[sec] N, longitude
077[deg]01[min]33[sec] W; thence to latitude 38[deg]47[min]32[sec] N,
longitude 077[deg]01[min]08[sec] W; thence to the point of origin,
located at National Harbor, Maryland. The proposed rule will impact the
movement of all vessels operating in a specified area of the Potomac
River, from 6:30 p.m. through 9:30 p.m. on November 28, 2008, and if
necessary due to inclement weather, from 6:30 p.m. through 9:30 p.m. on
November 29, 2008.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
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,
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. There is little commercial
vessel traffic during the enforcement period. Because the safety zone
lies entirely outside the federal navigation channel, vessel operators
may transit safely around the zone.
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. This rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels intending to operate, remain or anchor within
certain waters of the Potomac River, at National Harbor, Maryland, from
6:30 p.m. through 9:30 p.m. on November 28, 2008, and if necessary due
to inclement weather, from 6:30 p.m. through 9:30 p.m. on November 29,
2008. Because the zone is of limited duration, it is expected that
there will be minimal disruption to the maritime community. Before the
effective period, the Coast Guard will issue maritime advisories widely
available to users of the river to allow mariners to make alternative
plans for transiting the affected area. In addition, smaller vessels
not constrained by their draft, which are more likely to be small
entities, may transit around the safety zone.
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 Mr. Ronald Houck, at Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
(410) 576-2674 or (410) 576-2693. 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.
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
[[Page 53400]]
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 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 Department of Homeland
Security Management Directive 5100.1 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 under the Instruction that this action
is not likely to have a significant effect on the human environment. An
environmental analysis checklist supporting this preliminary
determination is 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, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIATION 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, 3306,
3703; 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.
2. Add temporary Sec. 165.T05-0912 to read as follows:
Sec. 165.T05-0912 Safety zone; Fireworks Display, Potomac River,
National Harbor, MD
(a) Definitions. For the purposes of this section, Captain of the
Port Baltimore, Maryland 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, Baltimore, Maryland
to act on his or her behalf.
(b) Regulated Area. The following area is a safety zone: All waters
of the Potomac River, surface to bottom, within an area bounded by a
line drawn from the following points: Latitude 38[deg]47[min]18[sec] N,
longitude 077[deg]01[min]01[sec] W; thence to latitude
38[deg]47[min]11[sec] N, longitude 077[deg]01[min]26[sec] W; thence to
latitude 38[deg]47[min]25[sec] N, longitude 077[deg]01[min]33[sec] W;
thence to latitude 38[deg]47[min]32[sec] N, longitude
077[deg]01[min]08[sec] W; thence to the point of origin, located at
National Harbor, Maryland. All coordinates reference North American
Datum 1983.
(c) Regulations:
(1) The general regulations governing safety zones, found in 33 CFR
165.23, apply to the safety zone described in paragraph (b) of this
section.
(2) Entry into or remaining in this zone is prohibited, unless
authorized by the Captain of the Port Baltimore, Maryland.
(3) Persons or vessels requiring entry into or passage through the
safety zone must first request authorization from the Captain of the
Port Baltimore, Maryland to seek permission to transit the area. The
Captain of the Port Baltimore, Maryland can be contacted at telephone
number 410-576-2693. The Coast Guard vessels enforcing this section can
be contacted on Marine Band Radio VHF Channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard vessel by siren, radio, flashing
light or other means, the person or vessel shall proceed as directed.
If permission is granted, all persons or vessels must comply with the
instructions of the Captain of the Port Baltimore, Maryland.
(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) Enforcement period. This rule is effective from 6:30 p.m.
through 9:30 p.m. on November 28, 2008, and if necessary due to
inclement weather, from 6:30 p.m. through 9:30 p.m. on November 29,
2008.
Dated: August 28, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E8-21551 Filed 9-15-08; 8:45 am]
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