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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101471-101473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29455]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-1066]
RIN 1625-AA00

Safety Zone; New Years Eve Fireworks on the Patapsco River, 
Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Patapsco River. This action is necessary to 
provide for the safety of life on these navigable waters in Baltimore, 
MD from potential hazards during a fireworks display to commemorate the 
New Years Eve. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port, Maryland-
National Capital Region or a designated representative.

DATES: This rule is effective from 11:55 p.m. on December 31, 2024, 
through 12:15 a.m. January 1, 2025.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-1066 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LCDR Kate Newkirk, Sector Maryland-National Capital 
Region Waterways Management Division, U.S. Coast Guard; telephone 410-
576-2570, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port, Maryland-National Capital Region
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 4, 2024, the Baltimore Office of Promotions notified 
the Coast Guard that it will be conducting a fireworks display from 
11:55 p.m. on December 31, 2024, through 12:15 a.m. January 1, 2025. 
The fireworks are to be launched from a fireworks barge located in the 
Patapsco River, in position 39[deg]16'36'', N 07 076[deg]35'53'' W. 
Hazards from the fireworks display include harm from the accidental 
discharge of fireworks, and being hit by dangerous projectiles, falling 
hot embers, or other debris. The Captain of the Port, Maryland-National 
Capital Region (COTP) has determined that potential hazards associated 
with the fireworks to be used in this display would be a safety concern 
for anyone within 300 feet of the fireworks barge.
    The Coast Guard is issuing this temporary rule under the authority 
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because there is 
insufficient time to provide notice and opportunity to comment before 
the date of the event.
    In addition, 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 the effective date 
of this rule would be impracticable and contrary to the public interest 
because the rule must be in place within 30 days of the date of 
publication to respond to the potential safety hazards associated with 
this fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP has determined that 
potential hazards associated with the fireworks to be used in this 
December 31, 2024 display will be a safety concern for anyone within a 
300-foot radius of the barge. The purpose of this rule is to ensure 
safety of vessels and of the navigable waters in the safety zone 
before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    This rule establishes a safety zone that will be enforced from 
11:55 p.m. on December 31, 2024, through 12:15 a.m. January 1, 2025. 
The safety zone will cover all navigable waters within 300 feet of a 
barge in the Patapsco River located in approximate position latitude 
39[deg]16'36'' N, longitude 076[deg]36'53'' W, on the Patapsco River. 
The duration of the zone is intended to ensure the safety of vessels 
and these navigable waters before, during, and after the scheduled 
fireworks display. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866 as amended by 
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, 
this rule has not been subject to review by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the size, 
duration, and time-of-day of the safety zone, which will

[[Page 101472]]

impact a small, designated area of the Patapsco River for a total of no 
more than thirty minutes of total enforcement-hours during the evening, 
when vessel traffic is normally low. Moreover, the Coast Guard will 
issue Local Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The regulatory 
flexibility analysis provisions of the Act, do not, however, apply to 
rules not subject to notice and comment. As the Coast Guard has, for 
good cause, waived the notice and comment requirement that would 
otherwise apply to this rulemaking, the Regulatory Flexibility Act's 
flexibility analysis provisions do not apply here. In the spirit of 
Sec.  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. If the rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please call or 
email the person listed in the FOR FURTHER INFORMATION CONTACT section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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 (adjusted for 
inflation) 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone lasting 30 minutes that will prohibit entry within 300 feet 
of a barge within a portion of the Patapsco River. It is categorically 
excluded from further review under paragraph L60(c) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1, Revision 01.3.

0
2. Add Sec.  165.T05-1066 to read as follows:

Sec.  165.T05-1066  Safety Zone; December 31, 2024, Fireworks on the 
Patapsco River, Baltimore, MD.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Patapsco River within 300 feet of a fireworks barge in 
approximate position latitude 39[deg]16'36'' N, longitude 
076[deg]36'53'' W, located at Baltimore, MD.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard 
Sector Maryland-National Capital Region.
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Maryland-National 
Capital Region (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone at 410-576-2693 or on Marine Band Radio 
VHF-FM channel 16 (156.8 MHz). Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the safety zone by Federal, State, and 
local agencies.
    (e) Enforcement period. This safety zone will be enforced from 
11:55 p.m. on December 31, 2024, through 12:15 a.m. January 1, 2025.

[[Page 101473]]

    Dated: December 10, 2024.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2024-29455 Filed 12-13-24; 8:45 am]
BILLING CODE 9110-04-P
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