80 FR 26511 - Safety Zone for Fireworks Display, Patapsco River, Inner Harbor; Baltimore, MD
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 89 (May 8, 2015)
Coast Guard
Federal Register Volume 80, Issue 89 (May 8, 2015)
| Page Range | 26511-26514 | |
| FR Document | 2015-11190 |
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)] [Proposed Rules] [Pages 26511-26514] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11190] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0315] RIN 1625-AA00 Safety Zone for Fireworks Display, Patapsco River, Inner Harbor; Baltimore, MD AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a temporary safety zone encompassing certain waters of the Patapsco River. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a barge located within the Inner Harbor at Baltimore, MD, on July 2, 2015. This safety zone is intended to protect the maritime public in a portion of the Patapsco River. DATES: Comments and related material must be received by the Coast Guard on or before May 15, 2015. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202-493-2251. (3) Mail or Delivery: 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. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ronald Houck, Sector Baltimore Waterways Management Division, Coast Guard; telephone 410-576-2674, email [email protected]. If you have questions on [[Page 26512]] viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. 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. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http://www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2015-0315] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a Comment'' on the line associated with this rulemaking. If you submit your comments by mail or hand 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 comments 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 and may change the rule based on your comments. 2. 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, type the docket number (USCG-2015-0315) in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. You may also visit 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. 3. Privacy Act Anyone can search the electronic form of 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 notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting 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. B. Regulatory History and Information This rule involves a fireworks display associated with an event that will take place in Baltimore, MD, on July 2, 2015. The launch site for the fireworks display is from a discharge barge located in the Patapsco River. The permanent safety zones listed in the Table to 33 CFR 165.506 do not apply to this event. C. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland Security Delegation No. 0170.1., which collectively authorize the Coast Guard to propose, establish, and define regulatory safety zones. Fireworks displays are frequently held from locations on or near the navigable waters of the United States. The potential hazards associated with fireworks displays are a safety concern during such events. The purpose of this rule is to promote public and maritime safety during a fireworks display, and to protect mariners transiting the area from the potential hazards associated with a fireworks display, such as the accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. This rule is needed to ensure safety on the waterway before, during and after the scheduled event. D. Discussion of Proposed Rule Under Armour will sponsor a fireworks display launched from a barge located in the Inner Harbor in Baltimore, MD, scheduled on July 2, 2015 at approximately 9:30 p.m. Through this regulation, the Coast Guard proposes to establish a temporary safety zone. The proposed zone will encompass all waters of the Patapsco River, within a 300 yards radius of a fireworks discharge barge in approximate position latitude 39[deg]16'56'' N, longitude 076[deg]36'19'' W, located in the Inner Harbor at Baltimore, Maryland, MD. The temporary safety zone will be enforced from 8:30 p.m. through 10:30 p.m. on July 2, 2015. The effect of this temporary safety zone will be to restrict navigation in the regulated area immediately before, during, and immediately after the fireworks display. Vessels will be allowed to transit the waters of the Patapsco River outside the safety zone. This rule requires that entry into or remaining in this safety zone is prohibited unless authorized by the Coast Guard Captain of the Port Baltimore. All vessels underway within this safety zone at the time it is implemented are to depart the zone. To seek permission to transit the area of the safety zone, the Captain of the Port Baltimore can be contacted at telephone number 410-576-2693 or on Marine Band Radio VHF- FM channel 16 (156.8 MHz). Coast Guard vessels enforcing the safety zone can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Federal, state, and local agencies may assist the Coast Guard in the enforcement of the safety zone. The Coast Guard will issue notices to the maritime community to further publicize the safety zone and notify the public of changes in the status of the zone. Such notices will continue until the event is complete. E. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. 1. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of [[Page 26513]] Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. Although this regulation would restrict access to this area, the effect of this proposed rule will not be significant because: (i) The safety zone will only be in effect from 8:30 p.m. through 10:30 p.m. on July 2, 2015, (ii) the Coast Guard will give advance notification via maritime advisories so mariners can adjust their plans accordingly, and (iii) although the safety zone will apply to certain portions of the Inner Harbor, smaller vessel traffic will be able to transit safely around the safety zone. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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 will not have a significant economic impact on a substantial number of small entities. This proposed rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to operate or transit through or within, or anchor in, the safety zone during the enforcement period. This proposed safety zone will not have a significant economic impact on a substantial number of small entities for the reasons provided under Regulatory Planning and Review. 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. 3. 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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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. 4. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520.). 5. Federalism 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 proposed rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact 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. 7. 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. 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. 10. Protection of Children From Environmental Health Risks 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. 11. 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. 12. Energy Effects This proposed rule is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 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 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 proposed rule involves establishing a temporary safety zone for a fireworks display. The fireworks are launched from navigable waters of the United States and may negatively impact the safety or other interests of waterway users and near shore activities in the event area. The activity includes fireworks launched [[Page 26514]] from barges near the shoreline that generally rely on the use of navigable waters as a safety buffer to protect the public from fireworks fallouts and premature detonations. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are 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, 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 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T05-0315 to read as follows: Sec. 165.T05-0315 Safety Zone for Fireworks Display, Patapsco River, Inner Harbor; Baltimore, MD. (a) Location. The following area is a safety zone: All waters of the Patapsco River, within a 300 yards radius of a fireworks discharge barge in approximate position latitude 39[deg]16'56'' N, longitude 076[deg]36'19'' W, located in the Inner Harbor at Baltimore, Maryland. All coordinates refer to datum NAD 1983. (b) Regulations. The general safety zone regulations found in 33 CFR 165.23 apply to the safety zone created by this temporary section. (1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR 165.23. (2) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port Baltimore. All vessels underway within this safety zone at the time it is implemented are to depart the zone. (3) Persons desiring to transit the area of the safety zone must first obtain authorization from the Captain of the Port Baltimore or his designated representative. To seek permission to transit the area, the Captain of the Port Baltimore and his designated representatives can be contacted at telephone number 410-576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency vessel, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Baltimore or his designated representative and proceed as directed while within the zone. (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies. (c) Definitions. As used in this section: Captain of the Port Baltimore means the Commander, U.S. Coast Guard Sector Baltimore, Maryland. Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Baltimore to assist in enforcing the safety zone described in paragraph (a) of this section. (d) Enforcement period. This section will be enforced from 8:30 p.m. through 10:30 p.m. on July 2, 2015. Dated: April 28, 2015. Kevin C. Kiefer, Captain, U.S. Coast Guard, Captain of the Port Baltimore. [FR Doc. 2015-11190 Filed 5-7-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules 26511
(5) Ensures that challengers are not personnel who misuse CUI, agency CUI Dated: April 27, 2015.
subject to retribution for bringing such policy governing misuse should reflect David S. Ferriero,
challenges. that authority. Archivist of the United States.
(c) Until the challenge is resolved, (b) Where laws, regulations, or [FR Doc. 2015–10260 Filed 5–7–15; 8:45 am]
continue to safeguard and disseminate Government-wide policies governing BILLING CODE 7515–01–P
the challenged CUI at the control level certain categories or subcategories of
indicated in the markings. CUI specifically establishes sanctions,
(d) If a challenging party disagrees agencies must adhere to such sanctions.
DEPARTMENT OF HOMELAND
with the response to their challenge,
§ 2002.26 Transferring records. SECURITY
that party may use the Dispute
Resolution procedures described in (a) When feasible, agencies must
Coast Guard
§ 2002.23 of this part. decontrol records containing CUI prior
to transferring them to NARA.
§ 2002.23 Dispute resolution. 33 CFR Part 165
(b) When an agency cannot decontrol
(a) All parties to a dispute arising records before transferring them to [Docket Number USCG–2015–0315]
from implementation or interpretation NARA, the agency must:
RIN 1625–AA00
of the Order, this part, or the CUI (1) Indicate on a Transfer Request
Registry should make every effort to (TR) in NARA’s Electronic Records Safety Zone for Fireworks Display,
resolve the dispute expeditiously. Archives (ERA) or on an SF 258 paper Patapsco River, Inner Harbor;
Disputes should be resolved within a transfer form, that the records should Baltimore, MD
reasonable, mutually acceptable time continue to be controlled as CUI (subject
period, taking into consideration the to NARA’s regulations on transfer, AGENCY: Coast Guard, DHS.
mission, sharing, and protection public availability, and access; see 36 ACTION: Notice of proposed rulemaking.
requirements of the parties concerned. CFR parts 1235, 1250, and 1256); and
(b) If parties to a dispute cannot reach (2) For hard copy transfer, place the SUMMARY: The Coast Guard proposes to
a mutually acceptable resolution, either appropriate CUI marking on the outside establish a temporary safety zone
party may refer the matter to the CUI of the container to indicate that it encompassing certain waters of the
Executive Agent. contains information designated as CUI. Patapsco River. This action is necessary
(c) The CUI Executive Agent is the (c) If the agency does not indicate the to provide for the safety of life on
impartial arbiter of the dispute and has CUI status on both the container and the navigable waters during a fireworks
the authority to render a decision on the TR or SF 258, NARA may assume the display launched from a barge located
dispute after consultation with all information was decontrolled prior to within the Inner Harbor at Baltimore,
affected parties, unless laws, transfer, regardless of any CUI markings MD, on July 2, 2015. This safety zone is
regulations, or Government-wide on the actual records. intended to protect the maritime public
policies otherwise specifically govern in a portion of the Patapsco River.
requirements for the involved category § 2002.27 CUI and the Freedom of
DATES: Comments and related material
Information Act (FOIA).
or subcategory of information. If a party must be received by the Coast Guard on
to the dispute is also a member of the (a) The mere fact that information is or before May 15, 2015.
Intelligence Community, the CUI designated as CUI has no bearing on
ADDRESSES: You may submit comments
Executive Agent must consult with the determinations pursuant to any law
requiring the disclosure of information identified by docket number using any
Office of the Director of National one of the following methods:
Intelligence beginning when the CUI or permitting disclosure as a matter of
discretion. (1) Federal eRulemaking Portal:
Executive Agent receives the dispute for http://www.regulations.gov.
resolution. (b) Accordingly, agencies must ensure
that: (2) Fax: 202–493–2251.
(d) Until the dispute is resolved, (3) Mail or Delivery: Docket
continue to safeguard and disseminate (1) They do not cite the FOIA as a CUI
safeguarding or disseminating control Management Facility (M–30), U.S.
any disputed CUI at the control level Department of Transportation, West
indicated in the markings. authority for CUI; and
(2) Agency FOIA reviewers use FOIA Building Ground Floor, Room W12–140,
(e) Per section 4(e) of the Order, 1200 New Jersey Avenue SE.,
parties may appeal the CUI Executive release standards and exemptions to
determine whether or not to release Washington, DC 20590–0001. Deliveries
Agent’s decision through the Director of accepted between 9 a.m. and 5 p.m.,
OMB to the President for resolution. records in response to a FOIA request;
they do not use CUI markings and Monday through Friday, except Federal
§ 2002.24 Misuse of CUI. designations as a dispositive factor in holidays. The telephone number is 202–
(a) CUI senior agency officials making a FOIA disclosure 366–9329.
establish agency processes and criteria determination. See the ‘‘Public Participation and
for reporting and investigating misuse of Request for Comments’’ portion of the
§ 2002.28 CUI and the Privacy Act. SUPPLEMENTARY INFORMATION section
CUI.
(b) The CUI Executive Agent reports The fact that records are subject to the below for further instructions on
findings on any incident involving Privacy Act of 1974 does not mean that submitting comments. To avoid
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
misuse of CUI to the offending agency’s agencies must mark them as CUI. duplication, please use only one of
CUI senior agency official or CUI Consult agency guidance to determine these three methods.
Program manager for action, as which records may be subject to the FOR FURTHER INFORMATION CONTACT: If
appropriate. Privacy Act. However, information you have questions on this rule, call or
contained in Privacy Act systems of email Mr. Ronald Houck, Sector
§ 2002.25 Sanctions for misuse of CUI. records may be subject to controls under Baltimore Waterways Management
(a) To the extent that agency heads are other CUI categories or subcategories Division, Coast Guard; telephone 410–
otherwise authorized to take and the agency may need to mark that 576–2674, email Ronald.L.Houck@
administrative action against agency information as CUI for that reason. uscg.mil. If you have questions on
VerDate Sep<11>2014 16:19 May 07, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\08MYP1.SGM 08MYP1](https://thefederalregister.org/doc/80_FR_26600/page/1.svg)
![26512 Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules
viewing or submitting material to the 2. Viewing Comments and Documents the potential hazards associated with a
docket, call Cheryl Collins, Program To view comments, as well as fireworks display, such as the accidental
Manager, Docket Operations, telephone documents mentioned in this preamble discharge of fireworks, dangerous
(202) 366–9826. as being available in the docket, go to projectiles, and falling hot embers or
SUPPLEMENTARY INFORMATION: http://www.regulations.gov, type the other debris. This rule is needed to
docket number (USCG–2015–0315) in ensure safety on the waterway before,
Table of Acronyms during and after the scheduled event.
the ‘‘SEARCH’’ box and click
DHS Department of Homeland Security ‘‘SEARCH.’’ Click on Open Docket D. Discussion of Proposed Rule
FR Federal Register Folder on the line associated with this
NPRM Notice of Proposed Rulemaking rulemaking. You may also visit the Under Armour will sponsor a
Docket Management Facility in Room fireworks display launched from a barge
A. Public Participation and Request for located in the Inner Harbor in
Comments W12–140 on the ground floor of the
Department of Transportation West Baltimore, MD, scheduled on July 2,
We encourage you to participate in Building, 1200 New Jersey Avenue SE., 2015 at approximately 9:30 p.m.
this rulemaking by submitting Through this regulation, the Coast
Washington, DC 20590, between 9 a.m.
comments and related materials. All Guard proposes to establish a temporary
and 5 p.m., Monday through Friday,
comments received will be posted except Federal holidays. safety zone. The proposed zone will
without change to http:// encompass all waters of the Patapsco
www.regulations.gov and will include 3. Privacy Act River, within a 300 yards radius of a
any personal information you have Anyone can search the electronic fireworks discharge barge in
provided. form of comments received into any of approximate position latitude 39°16′56″
our dockets by the name of the N, longitude 076°36′19″ W, located in
1. Submitting Comments individual submitting the comment (or the Inner Harbor at Baltimore,
If you submit a comment, please signing the comment, if submitted on Maryland, MD. The temporary safety
include the docket number for this behalf of an association, business, labor zone will be enforced from 8:30 p.m.
rulemaking, indicate the specific section union, etc.). You may review a Privacy through 10:30 p.m. on July 2, 2015.
of this document to which each Act notice regarding our public dockets The effect of this temporary safety
comment applies, and provide a reason in the January 17, 2008, issue of the zone will be to restrict navigation in the
for each suggestion or recommendation. Federal Register (73 FR 3316). regulated area immediately before,
You may submit your comments and during, and immediately after the
4. Public Meeting fireworks display. Vessels will be
material online at http://
www.regulations.gov, or by fax, mail, or We do not now plan to hold a public allowed to transit the waters of the
hand delivery, but please use only one meeting. But you may submit a request Patapsco River outside the safety zone.
of these means. If you submit a for one, using one of the methods This rule requires that entry into or
comment online, it will be considered specified under ADDRESSES. Please remaining in this safety zone is
received by the Coast Guard when you explain why you believe a public prohibited unless authorized by the
successfully transmit the comment. If meeting would be beneficial. If we Coast Guard Captain of the Port
you fax, hand deliver, or mail your determine that one would aid this Baltimore. All vessels underway within
comment, it will be considered as rulemaking, we will hold one at a time this safety zone at the time it is
having been received by the Coast and place announced by a later notice implemented are to depart the zone. To
Guard when it is received at the Docket in the Federal Register. seek permission to transit the area of the
Management Facility. We recommend safety zone, the Captain of the Port
B. Regulatory History and Information
that you include your name and a Baltimore can be contacted at telephone
This rule involves a fireworks display number 410–576–2693 or on Marine
mailing address, an email address, or a associated with an event that will take
telephone number in the body of your Band Radio VHF–FM channel 16 (156.8
place in Baltimore, MD, on July 2, 2015. MHz). Coast Guard vessels enforcing the
document so that we can contact you if The launch site for the fireworks display
we have questions regarding your safety zone can be contacted on Marine
is from a discharge barge located in the Band Radio VHF–FM channel 16 (156.8
submission. Patapsco River. The permanent safety MHz). Federal, state, and local agencies
To submit your comment online, go to zones listed in the Table to 33 CFR may assist the Coast Guard in the
http://www.regulations.gov, type the 165.506 do not apply to this event. enforcement of the safety zone. The
docket number [USCG–2015–0315] in
C. Basis and Purpose Coast Guard will issue notices to the
the ‘‘SEARCH’’ box and click
maritime community to further
‘‘SEARCH.’’ Click on ‘‘Submit a The legal basis and authorities for this publicize the safety zone and notify the
Comment’’ on the line associated with rule are found in 33 U.S.C. 1231; 33 CFR public of changes in the status of the
this rulemaking. 1.05–1 and 160.5; and Department of zone. Such notices will continue until
If you submit your comments by mail Homeland Security Delegation No. the event is complete.
or hand delivery, submit them in an 0170.1., which collectively authorize
unbound format, no larger than 81⁄2 by the Coast Guard to propose, establish, E. Regulatory Analyses
11 inches, suitable for copying and and define regulatory safety zones. We developed this proposed rule after
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
electronic filing. If you submit Fireworks displays are frequently held considering numerous statutes and
comments by mail and would like to from locations on or near the navigable executive orders related to rulemaking.
know that they reached the Facility, waters of the United States. The Below we summarize our analyses
please enclose a stamped, self-addressed potential hazards associated with based on a number of these statutes or
postcard or envelope. We will consider fireworks displays are a safety concern executive orders.
all comments and material received during such events. The purpose of this
during the comment period and may rule is to promote public and maritime 1. Regulatory Planning and Review
change the rule based on your safety during a fireworks display, and to This proposed rule is not a significant
comments. protect mariners transiting the area from regulatory action under section 3(f) of
VerDate Sep<11>2014 16:19 May 07, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\08MYP1.SGM 08MYP1](https://thefederalregister.org/doc/80_FR_26600/page/2.svg)
![26514 Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules
from barges near the shoreline that transit the area, the Captain of the Port would ensure the protection of the event
generally rely on the use of navigable Baltimore and his designated participants, support vessels, and
waters as a safety buffer to protect the representatives can be contacted at maritime public from the hazards
public from fireworks fallouts and telephone number 410–576–2693 or on associated with the event. Vessels will
premature detonations. This rule is Marine Band Radio VHF–FM channel be prohibited from entering into,
categorically excluded from further 16 (156.8 MHz). The Coast Guard transiting through, mooring, or
review under paragraph 34(g) of Figure vessels enforcing this section can be anchoring within this safety zone during
2–1 of the Commandant Instruction. A contacted on Marine Band Radio VHF– periods of enforcement unless
preliminary environmental analysis FM channel 16 (156.8 MHz). Upon authorized by the Coast Guard Sector
checklist supporting this determination being hailed by a U.S. Coast Guard Boston Captain of the Port (COTP) or the
and a Categorical Exclusion vessel, or other Federal, State, or local COTP’s designated representative.
Determination are available in the agency vessel, by siren, radio, flashing DATES: Comments and related material
docket where indicated under light, or other means, the operator of a must be received by the Coast Guard on
ADDRESSES. We seek any comments or vessel shall proceed as directed. If or before June 8, 2015. Requests for
information that may lead to the permission is granted, all persons and public meetings must be received by the
discovery of a significant environmental vessels must comply with the Coast Guard on or before May 15, 2015.
impact from this proposed rule. instructions of the Captain of the Port ADDRESSES: You may submit comments
Baltimore or his designated identified by docket number using any
List of Subjects in 33 CFR Part 165
representative and proceed as directed one of the following methods:
Harbors, Marine safety, Navigation while within the zone. (1) Federal eRulemaking Portal:
(water), Reporting and recordkeeping (4) Enforcement. The U.S. Coast http://www.regulations.gov.
requirements, Security measures, Guard may be assisted in the patrol and (2) Fax: 202–493–2251.
Waterways. enforcement of the zone by Federal, (3) Mail or Delivery: Docket
For the reasons discussed in the State, and local agencies. Management Facility (M–30), U.S.
preamble, the Coast Guard proposes to (c) Definitions. As used in this
Department of Transportation, West
amend 33 CFR part 165 as follows: section:
Building Ground Floor, Room W12–140,
Captain of the Port Baltimore means
1200 New Jersey Avenue SE.,
PART 165—REGULATED NAVIGATION the Commander, U.S. Coast Guard
Washington, DC 20590–0001. Deliveries
AREAS AND LIMITED ACCESS AREAS Sector Baltimore, Maryland.
accepted between 9 a.m. and 5 p.m.,
Designated representative means any
■ 1. The authority citation for part 165 Monday through Friday, except federal
Coast Guard commissioned, warrant, or
continues to read as follows: holidays. The telephone number is 202–
petty officer who has been authorized
366–9329.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; by the Captain of the Port Baltimore to
See the ‘‘Public Participation and
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; assist in enforcing the safety zone
Department of Homeland Security Delegation Request for Comments’’ portion of the
described in paragraph (a) of this
No. 0170.1. SUPPLEMENTARY INFORMATION section
section.
■ 2. Add § 165.T05–0315 to read as (d) Enforcement period. This section below for further instructions on
follows: will be enforced from 8:30 p.m. through submitting comments. To avoid
10:30 p.m. on July 2, 2015. duplication, please use only one of
§ 165.T05–0315 Safety Zone for Fireworks these three methods.
Display, Patapsco River, Inner Harbor; Dated: April 28, 2015.
FOR FURTHER INFORMATION CONTACT: If
Baltimore, MD. Kevin C. Kiefer, you have questions on this rule, contact
(a) Location. The following area is a Captain, U.S. Coast Guard, Captain of the Mr. Mark Cutter, Coast Guard Sector
safety zone: All waters of the Patapsco Port Baltimore. Boston Waterways Management
River, within a 300 yards radius of a [FR Doc. 2015–11190 Filed 5–7–15; 8:45 am] Division, telephone 617–223–4000,
fireworks discharge barge in BILLING CODE 9110–04–P email Mark.E.Cutter@uscg.mil. If you
approximate position latitude 39°16′56″ have questions on viewing or submitting
N, longitude 076°36′19″ W, located in material to the docket, call Cheryl
the Inner Harbor at Baltimore, DEPARTMENT OF HOMELAND Collins, Program Manager, Docket
Maryland. All coordinates refer to SECURITY Operations, telephone 202–366–9826.
datum NAD 1983.
Coast Guard SUPPLEMENTARY INFORMATION:
(b) Regulations. The general safety
zone regulations found in 33 CFR Table of Acronyms
165.23 apply to the safety zone created 33 CFR Part 165
DHS Department of Homeland Security
by this temporary section. [Docket Number USCG–2015–0188] CFR Code of Federal Regulation
(1) All persons are required to comply FR Federal Register
with the general regulations governing RIN 1625–AA00
NPRM Notice of Proposed Rulemaking
safety zones found in 33 CFR 165.23. NAD 83 North American Datum of 1983
(2) Entry into or remaining in this Safety Zones; Misery Challenge,
zone is prohibited unless authorized by Manchester Bay, Manchester, MA A. Public Participation and Request for
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
the Coast Guard Captain of the Port Comments
AGENCY: Coast Guard, DHS.
Baltimore. All vessels underway within ACTION: Notice of proposed rulemaking. We encourage you to participate in
this safety zone at the time it is this rulemaking by submitting
implemented are to depart the zone. SUMMARY: The Coast Guard is proposing comments and related materials. All
(3) Persons desiring to transit the area to establish a temporary safety zone in comments received will be posted
of the safety zone must first obtain Manchester Bay to be enforced during without change to http://
authorization from the Captain of the the Misery Challenge marine event, www.regulations.gov and will include
Port Baltimore or his designated which will involve swimmers, kayakers, any personal information you have
representative. To seek permission to and stand-up paddlers. This safety zone provided.
VerDate Sep<11>2014 16:19 May 07, 2015 Jkt 235001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\08MYP1.SGM 08MYP1](https://thefederalregister.org/doc/80_FR_26600/page/4.svg)
Document Created: 2018-02-21 10:24:24
Document Modified: 2018-02-21 10:24:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before May 15, 2015. | |
| Contact | If you have questions on this rule, call or email Mr. Ronald Houck, Sector Baltimore Waterways Management Division, Coast Guard; telephone 410-576-2674, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826. | |
| FR Citation | 80 FR 26511 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR