[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[Rules and Regulations]               
[Page 70871-70873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no08-6]                         

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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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: 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.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket, are part of docket USCG-2008-0912 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying at two locations: The 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and 
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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Mr. Ronald L. Houck, Coast Guard Sector Baltimore, 
at 410-576-2674 or 410-576-2693. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On September 16, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Fireworks Display, Potomac River, 
National Harbor, MD'' in the Federal Register (73 FR 53398). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.
    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. Delaying its effective date would 
be contrary to the public interest, because immediate action is needed 
to ensure the safety of the maritime public on the Potomac River 
against the hazards associated with fireworks displays, such as the 
accidental discharge of fireworks and falling hot embers or other 
debris.

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 Comments and Changes

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held. We will implement a 
temporary final rule with no changes to the NPRM.

Regulatory Analyses

    We developed this 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 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. This exception is based on the fact that 
there is little vessel traffic associated with recreational boating and 
commercial fishing in the area during the enforcement period. Because 
the safety zone lies entirely outside the federal navigation channel, 
vessel operators may transit safely around the zone. For the above 
reasons, the Coast Guard does not anticipate any significant economic 
impact.

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 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

[[Page 70872]]

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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). 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 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 affect 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 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 concluded 
under the Instruction 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.
    An environmental analysis checklist and a 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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.T05-0912 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

[[Page 70873]]

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]47'18'' N, 
longitude 077[deg]01'01'' W; thence to latitude 38[deg]47'11'' N, 
longitude 077[deg]01'26'' W; thence to latitude 38[deg]47'25'' N, 
longitude 077[deg]01'33'' W; thence to latitude 38[deg]47'32'' N, 
longitude 077[deg]01'08'' 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: October 30, 2008.
Austin J. Gould,
Commander, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland, 
Acting.
[FR Doc. E8-27841 Filed 11-21-08; 8:45 am]

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