[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Proposed Rules]
[Pages 18176-18179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6782]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-07-037]
RIN 1625-AA00


Safety Zone; Fireworks Display, Patuxent River, Calvert County, 
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 Patuxent 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 near 
Solomons, in Calvert County, Maryland. This action will restrict vessel 
traffic in a portion of the Patuxent River.

DATES: Comments and related material must reach the Coast Guard on or 
before May 11, 2007.

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

[[Page 18177]]

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 (CGD05-07-
037), 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 outdoor fireworks 
displays 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 Patuxent River, near Solomons, in Calvert County, 
Maryland. The proposed rule is needed to control movement through a 
portion of the waterway that is expected to be populated by vessels 
seeking to view the fireworks display.

Discussion of Proposed Rule

    On July 4, 2007, the Solomons Island Business Association, will 
sponsor an Independence Day celebration fireworks display launched from 
two adjoining barges located on the Patuxent River near Solomons, in 
Calvert County, Maryland. The planned event includes an aerial 
fireworks display beginning at 9 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 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 with 
a fireworks display from a barge. This rule proposes to establish a 
safety zone on the waters of the Patuxent River, within a radius of 400 
yards around a fireworks barge, which will be located at position 
latitude 38[deg]19'03.0'' N, longitude 076[deg]26'07.6'' W. The Coast 
Guard anticipates a large recreational boating spectator fleet during 
this event. The rule will impact the movement of all vessels operating 
in a specified area of the Patuxent River. Interference with normal 
port operations is unlikely; however, if required, 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. The safety 
zone will be in effect for only two and one-half hours on one day of 
the year, commercial traffic in the area is limited, and vessels not 
constrained by their draft may proceed safely around the safety 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: The owners or operators of vessels intending 
to operate, remain or anchor within certain waters of the Patuxent 
River, within a radius of 400 yards around a fireworks barge located at 
position latitude 38[deg]19'03.0'' N, longitude 076[deg]26'07.6'' W, 
from 7:30 p.m. to 10 p.m. on July 4, 2007, and if necessary due to 
inclement weather, from 7:30 p.m. to 10 p.m. on July 5, 2007. 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 two and one-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 widely available to users of the river before 
the effective period.
    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.).

[[Page 18178]]

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 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'' will be 
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; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add temporary Sec.  165.T05-037 to read as follows:


Sec.  165.T05-037  Safety zone; Fireworks display, Patuxent River, 
Calvert County, MD.

    (a) Location. The following area is a safety zone: All waters of 
the Patuxent River near Solomons, in Calvert County, Maryland, surface 
to bottom, within a radius of 400 yards around a fireworks barge which 
will be located at position latitude 38[deg]19[min]03.0[sec] N, 
longitude 076[deg]26[min]07.6[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

[[Page 18179]]

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) Enforcement period. This section will be enforced from 7:30 
p.m. to 10 p.m. on July 4, 2007, and if necessary due to inclement 
weather, from 7:30 p.m. to 10 p.m. on July 5, 2007.

    Dated: April 2, 2007.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, 
Maryland.
[FR Doc. E7-6782 Filed 4-10-07; 8:45 am]
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