53398 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Proposed Rules 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T07–0809 to read as 

follows: 

§ 165.T07–0809 Safety Zone; St. Croix 

Coral Reef Swim, Buck Island Channel, 

USVI. 

(a) Regulated Area. The Coast Guard 

is establishing a temporary safety zone 

on the navigable waters of Buck Island 

Channel for the annual St. Croix Coral 

Reef Swim. The zone includes all waters 

bound by a line connecting the 

following points: Beginning at Point 1 in 

position 17–44′42′′N, 064–41′48′′W; then 

north to Point 2 on Scotch Bank in 

position 17–45′36′′N, 064–41′48′′W; then 

east to Point 3 at Buck Island Reef 

National Monument Special Purpose 

Buoy ‘‘J’’ (LLNR 33112.1) in position 

17–46′41′′N, 064–38′17′′W; then 

northeast to Point 4 on Buck Island Reef 

in position 17–47′24′′N, 064–37′36′′W; 

then east to Point 5 at Buck Island in 

position 17–47′24′′N, 064–37′30′′W; then 

south and east along the Buck Island 

shoreline to Point 6 in position 17– 

47′06′′N, 064–37′24′′W; then southwest 

to Point 7 at Coakley Bay in position 

17–45′36′′N, 064–38′24′′W; then west 

along the St. Croix shoreline to origin. 

Reference Datum is NAD 1983. 

(b) Definitions. The following 

definitions apply to this section: 

Designated representative means 

Coast Guard Patrol Commanders 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels and federal, state, 

and local officers designated by or 

assisting the Captain of the Port (COTP) 

San Juan in the enforcement of the 

safety zone. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, entering, anchoring, mooring 

or transiting in this zone is prohibited 

unless specifically authorized by the 

COTP San Juan or a designated 

representative. Coast Guard Sector San 

Juan will issue broadcast notice to 

mariners to advise mariners of this zone. 

Persons and vessels may request 

permission to enter the safety zone on 

VHF–FM Channel 16 or via telephone at 

(787) 289–2041. 

(d) Dates. This rule is effective from 

6 a.m. through 1 p.m. on October 19, 

2008. 

Dated: August 14, 2008. 

J.M. Nunan, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port San Juan. 

[FR Doc. E8–21555 Filed 9–15–08; 8:45 am] 

BILLING CODE 4910–15–P 

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. 

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 81⁄2 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 


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Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Proposed Rules 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°47′18′′ N, 

longitude 077°01′01′′ W; thence to 

latitude 38°47′11′′ N, longitude 

077°01′26′′ W; thence to latitude 

38°47′25′′ N, longitude 077°01′33′′ W; 

thence to latitude 38°47′32′′ N, 

longitude 077°01′08′′ 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 


ebenthall on PROD1PC60 with PROPOSALS
53400 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Proposed Rules 

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 § 165.T05–0912 to 

read as follows: 

§ 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°47′18′′ N, longitude 077°01′01′′ W; 

thence to latitude 38°47′11′′ N, 

longitude 077°01′26′′ W; thence to 

latitude 38°47′25′′ N, longitude 

077°01′33′′ W; thence to latitude 

38°47′32′′ N, longitude 077°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: 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] 

BILLING CODE 4910–15–P 


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