80_FR_34175 80 FR 34061 - Safety Zone for Fireworks Display, Patapsco River, Inner Harbor; Baltimore, MD

80 FR 34061 - Safety Zone for Fireworks Display, Patapsco River, Inner Harbor; Baltimore, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 114 (June 15, 2015)

Page Range34061-34063
FR Document2015-14633

The Coast Guard is establishing 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.

Federal Register, Volume 80 Issue 114 (Monday, June 15, 2015)
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Rules and Regulations]
[Pages 34061-34063]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14633]


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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: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 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: This rule is effective from 8:30 p.m. through 10:30 p.m. on July 
2, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0315]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 
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.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 8, 2015, we published a notice of proposed rulemaking (NPRM) 
entitled ``Safety Zone for Fireworks Display, Patapsco River, Inner 
Harbor; Baltimore, MD'' in the Federal Register (80 FR 26511). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held. The permanent safety zones listed in the 
Table to 33 CFR 165.506 do not apply to this event.
    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. Event planners did not provide the 
Coast Guard adequate advance notice of the event to allow 30 days after 
publication with an appropriate period for public comment. Notice for 
this event was submitted to the Coast Guard on April 14, 2015.

B. 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

[[Page 34062]]

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.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.
    During the drafting of this rule, the Coast Guard became aware that 
the regulatory text published in the NPRM, describing the area of the 
safety zone as all waters of the Patapsco River within a 300 yards 
radius of a fireworks discharge barge, is not correct. The required 
area of the safety zone is less than that published in the NPRM. This 
rule corrects the area of the safety zone, as all waters of the 
Patapsco River within a 100 yards radius of a fireworks discharge 
barge.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of 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 received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    This rule may 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 safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons stated under 
paragraph D.1., Regulatory Planning and Review.

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 rule. If the rule affects 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.
    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.

4. 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).

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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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 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

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes,

[[Page 34063]]

or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes.

12. Energy Effects

    This action 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 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 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 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 action is necessary to protect persons and 
property during the project. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An 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 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 amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 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 100 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, 
Sec.  165.T05-0315.
    (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: May 29, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard Captain of the Port Baltimore.
[FR Doc. 2015-14633 Filed 6-12-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations                                           34061

                                                  rule is categorically excluded, under                   contact the Captain of the Port                        ‘‘SEARCH.’’ Click on Open Docket
                                                  figure 2–1, paragraph (34)(g), of the                   Savannah by telephone at (912) 652–                    Folder on the line associated with this
                                                  Instruction. An environmental analysis                  4353, or a designated representative via               rulemaking. You may also visit the
                                                  checklist supporting this determination                 VHF radio on channel 16, to request                    Docket Management Facility in Room
                                                  and a Categorical Exclusion                             authorization. If authorization to enter,              W12–140 on the ground floor of the
                                                  Determination are available in the                      transit through, anchor in, or remain                  Department of Transportation West
                                                  docket where indicated under                            within the safety zone is granted by the               Building, 1200 New Jersey Avenue SE.,
                                                  ADDRESSES. We seek any comments or                      Captain of the Port Savannah or a                      Washington, DC 20590, between 9 a.m.
                                                  information that may lead to the                        designated representative, all persons                 and 5 p.m., Monday through Friday,
                                                  discovery of a significant environmental                and vessels receiving such authorization               except Federal holidays.
                                                  impact from this rule.                                  must comply with the instructions of                   FOR FURTHER INFORMATION CONTACT: If
                                                                                                          the Captain of the Port Savannah or a                  you have questions on this rule, call or
                                                  List of Subjects in 33 CFR Part 165
                                                                                                          designated representative.                             email Mr. Ronald Houck, U.S. Coast
                                                    Harbors, Marine safety, Navigation                       (3) The Coast Guard will provide                    Guard Sector Baltimore, MD; telephone
                                                  (water), Reporting and recordkeeping                    notice of the regulated areas by                       410–576–2674, email Ronald.L.Houck@
                                                  requirements, Security measures,                        Broadcast Notice to Mariners and on-                   uscg.mil. If you have questions on
                                                  Waterways.                                              scene designated representatives.                      viewing or submitting material to the
                                                    For the reasons discussed in the                         (d) Effective period. This rule is                  docket, call Cheryl Collins, Program
                                                  preamble, the Coast Guard amends 33                     effective on June 22, 2015 through                     Manager, Docket Operations, telephone
                                                  CFR part 165 as follows:                                October 1, 2015. The stationary zone                   (202) 366–9826.
                                                                                                          will be enforced during dive and salvage               SUPPLEMENTARY INFORMATION:
                                                  PART 165—REGULATED NAVIGATION                           operations. The moving zone will be
                                                  AREAS AND LIMITED ACCESS AREAS                          enforced during transits of unexploded                 Table of Acronyms
                                                                                                          ordnance.                                              DHS Department of Homeland Security
                                                  ■ 1. The authority citation for part 165                                                                       FR Federal Register
                                                  continues to read as follows:                             Dated: June 1, 2015.
                                                                                                                                                                 NPRM Notice of Proposed Rulemaking
                                                                                                          O. Vazquez,
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                          Lieutenant Commander, U.S. Coast Guard,                A. Regulatory History and Information
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  Department of Homeland Security Delegation              Acting Captain of the Port Savannah.                      On May 8, 2015, we published a
                                                  No. 0170.1.                                             [FR Doc. 2015–14637 Filed 6–12–15; 8:45 am]            notice of proposed rulemaking (NPRM)
                                                                                                          BILLING CODE 9110–04–P                                 entitled ‘‘Safety Zone for Fireworks
                                                  ■ 2. Add a temporary § 165.T07–0434 to
                                                                                                                                                                 Display, Patapsco River, Inner Harbor;
                                                  read as follows:
                                                                                                                                                                 Baltimore, MD’’ in the Federal Register
                                                  § 165.T07–0434 Safety Zone; Salvage and                 DEPARTMENT OF HOMELAND                                 (80 FR 26511). We received no
                                                  Recovery of CSS Georgia and Recovery and                SECURITY                                               comments on the proposed rule. No
                                                  Transit of Unexploded Ordnance, Savannah                                                                       public meeting was requested, and none
                                                  River, Savannah, GA.                                    Coast Guard
                                                                                                                                                                 was held. The permanent safety zones
                                                     (a) Regulated area. The fixed safety                                                                        listed in the Table to 33 CFR 165.506 do
                                                  zone will be centered on BARGE                          33 CFR Part 165
                                                                                                                                                                 not apply to this event.
                                                  SALONAN in approximate position 32–                     [Docket Number USCG–2015–0315]                            Under 5 U.S.C. 553(d)(3), the Coast
                                                  05′02.6 N., 081–02′21.6 W. in vicinity of                                                                      Guard finds that good cause exists for
                                                                                                          RIN 1625–AA00
                                                  Buoy 52A, while moored and                                                                                     making this rule effective less than 30
                                                  conducting dive and salvage operations,                 Safety Zone for Fireworks Display,                     days after publication in the Federal
                                                  extending 100 yards in all directions.                  Patapsco River, Inner Harbor;                          Register. Event planners did not provide
                                                  The moving safety zone will cover all                   Baltimore, MD                                          the Coast Guard adequate advance
                                                  waters of the Savannah River 500 feet                                                                          notice of the event to allow 30 days after
                                                  ahead and astern of the United States                   AGENCY:    Coast Guard, DHS.                           publication with an appropriate period
                                                  Navy small boat while loading and                       ACTION:   Temporary final rule.                        for public comment. Notice for this
                                                  transferring unexploded ordnance to the                                                                        event was submitted to the Coast Guard
                                                  designated shore side site.                             SUMMARY:   The Coast Guard is                          on April 14, 2015.
                                                     (b) Definition. The term ‘‘designated                establishing a temporary safety zone
                                                                                                          encompassing certain waters of the                     B. Basis and Purpose
                                                  representative’’ means Coast Guard
                                                  Patrol Commanders, including Coast                      Patapsco River. This action is necessary                  The legal basis and authorities for this
                                                  Guard coxswains, petty officers, and                    to provide for the safety of life on                   rule are found in 33 U.S.C. 1231; 33 CFR
                                                  other officers operating Coast Guard                    navigable waters during a fireworks                    1.05–1 and 160.5; and Department of
                                                  vessels, and Federal, state, and local                  display launched from a barge located                  Homeland Security Delegation No.
                                                  officers designated by or assisting the                 within the Inner Harbor at Baltimore,                  0170.1., which collectively authorize
                                                  Captain of the Port Savannah in the                     MD, on July 2, 2015. This safety zone is               the Coast Guard to propose, establish,
                                                  enforcement of the regulated area.                      intended to protect the maritime public                and define regulatory safety zones.
                                                     (c) Regulations. (1) All persons and                 in a portion of the Patapsco River.                    Fireworks displays are frequently held
                                                  vessels are prohibited from entering,                   DATES: This rule is effective from 8:30                from locations on or near the navigable
                                                                                                          p.m. through 10:30 p.m. on July 2, 2015.               waters of the United States. The
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  transiting through, anchoring in, or
                                                  remaining within the safety zones                       ADDRESSES: Documents mentioned in                      potential hazards associated with
                                                  unless authorized by the Captain of the                 this preamble are part of docket [USCG–                fireworks displays are a safety concern
                                                  Port Savannah or a designated                           2015–0315]. To view documents                          during such events. The purpose of this
                                                  representative.                                         mentioned in this preamble as being                    rule is to promote public and maritime
                                                     (2) Persons or vessels desiring to                   available in the docket, go to http://                 safety during a fireworks display, and to
                                                  enter, transit through, anchor in, or                   www.regulations.gov, type the docket                   protect mariners transiting the area from
                                                  remain within the safety zones may                      number in the ‘‘SEARCH’’ box and click                 the potential hazards associated with a


                                             VerDate Sep<11>2014   15:17 Jun 12, 2015   Jkt 235001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\15JNR1.SGM   15JNR1


                                                  34062               Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations

                                                  fireworks display, such as the accidental               entities during rulemaking. The term                   effect on the States, on the relationship
                                                  discharge of fireworks, dangerous                       ‘‘small entities’’ comprises small                     between the national government and
                                                  projectiles, and falling hot embers or                  businesses, not-for-profit organizations               the States, or on the distribution of
                                                  other debris. This rule is needed to                    that are independently owned and                       power and responsibilities among the
                                                  ensure safety on the waterway before,                   operated and are not dominant in their                 various levels of government. We have
                                                  during and after the scheduled event.                   fields, and governmental jurisdictions                 analyzed this rule under that Order and
                                                                                                          with populations of less than 50,000.                  determined that this rule does not have
                                                  C. Discussion of Comments, Changes
                                                                                                          The Coast Guard received no comments                   implications for federalism.
                                                  and the Final Rule
                                                                                                          from the Small Business Administration
                                                     The Coast Guard received no                                                                                 6. Protest Activities
                                                                                                          on this rule. The Coast Guard certifies
                                                  comments in response to the NPRM. No                    under 5 U.S.C. 605(b) that this rule will                The Coast Guard respects the First
                                                  public meeting was requested and none                   not have a significant economic impact                 Amendment rights of protesters.
                                                  was held.                                               on a substantial number of small                       Protesters are asked to contact the
                                                     During the drafting of this rule, the                entities.                                              person listed in the FOR FURTHER
                                                  Coast Guard became aware that the                          This rule may affect the following                  INFORMATION CONTACT section to
                                                  regulatory text published in the NPRM,                  entities, some of which may be small                   coordinate protest activities so that your
                                                  describing the area of the safety zone as               entities: the owners or operators of                   message can be received without
                                                  all waters of the Patapsco River within                 vessels intending to operate or transit                jeopardizing the safety or security of
                                                  a 300 yards radius of a fireworks                       through or within, or anchor in, the                   people, places or vessels.
                                                  discharge barge, is not correct. The                    safety zone during the enforcement
                                                  required area of the safety zone is less                                                                       7. Unfunded Mandates Reform Act
                                                                                                          period.
                                                  than that published in the NPRM. This                      This safety zone will not have a                      The Unfunded Mandates Reform Act
                                                  rule corrects the area of the safety zone,              significant economic impact on a                       of 1995 (2 U.S.C. 1531–1538) requires
                                                  as all waters of the Patapsco River                     substantial number of small entities for               Federal agencies to assess the effects of
                                                  within a 100 yards radius of a fireworks                the reasons stated under paragraph D.1.,               their discretionary regulatory actions. In
                                                  discharge barge.                                        Regulatory Planning and Review.                        particular, the Act addresses actions
                                                                                                                                                                 that may result in the expenditure by a
                                                  D. Regulatory Analyses                                  3. Assistance for Small Entities                       State, local, or tribal government, in the
                                                    We developed this rule after                             Under section 213(a) of the Small                   aggregate, or by the private sector of
                                                  considering numerous statutes and                       Business Regulatory Enforcement                        $100,000,000 (adjusted for inflation) or
                                                  executive orders related to rulemaking.                 Fairness Act of 1996 (Pub. L. 104–121),                more in any one year. Though this rule
                                                  Below we summarize our analyses                         we want to assist small entities in                    will not result in such an expenditure,
                                                  based on these statutes and executive                   understanding this rule. If the rule                   we do discuss the effects of this rule
                                                  orders.                                                 affects your small business,                           elsewhere in this preamble.
                                                  1. Regulatory Planning and Review                       organization, or governmental
                                                                                                          jurisdiction and you have questions                    8. Taking of Private Property
                                                     This rule is not a significant                       concerning its provisions or options for                 This rule will not cause a taking of
                                                  regulatory action under section 3(f) of                 compliance, please contact the person                  private property or otherwise have
                                                  Executive Order 12866, Regulatory                       listed in the FOR FURTHER INFORMATION                  taking implications under Executive
                                                  Planning and Review, as supplemented                    CONTACT, above.                                        Order 12630, Governmental Actions and
                                                  by Executive Order 13563, Improving                        Small businesses may send comments                  Interference with Constitutionally
                                                  Regulation and Regulatory Review, and                   on the actions of Federal employees                    Protected Property Rights.
                                                  does not require an assessment of                       who enforce, or otherwise determine
                                                  potential costs and benefits under                                                                             9. Civil Justice Reform
                                                                                                          compliance with, Federal regulations to
                                                  section 6(a)(3) of Executive Order 12866                the Small Business and Agriculture                       This rule meets applicable standards
                                                  or under section 1 of Executive Order                   Regulatory Enforcement Ombudsman                       in sections 3(a) and 3(b)(2) of Executive
                                                  13563. The Office of Management and                     and the Regional Small Business                        Order 12988, Civil Justice Reform, to
                                                  Budget has not reviewed it under those                  Regulatory Fairness Boards. The                        minimize litigation, eliminate
                                                  Orders.                                                 Ombudsman evaluates these actions                      ambiguity, and reduce burden.
                                                     Although this regulation would                       annually and rates each agency’s
                                                  restrict access to this area, the effect of                                                                    10. Protection of Children
                                                                                                          responsiveness to small business. If you
                                                  this proposed rule will not be                          wish to comment on actions by                            We have analyzed this rule under
                                                  significant because: (i) The safety zone                employees of the Coast Guard, call 1–                  Executive Order 13045, Protection of
                                                  will only be in effect from 8:30 p.m.                   888–REG–FAIR (1–888–734–3247). The                     Children from Environmental Health
                                                  through 10:30 p.m. on July 2, 2015, (ii)                Coast Guard will not retaliate against                 Risks and Safety Risks. This rule is not
                                                  the Coast Guard will give advance                       small entities that question or complain               an economically significant rule and
                                                  notification via maritime advisories so                 about this rule or any policy or action                does not create an environmental risk to
                                                  mariners can adjust their plans                         of the Coast Guard.                                    health or risk to safety that may
                                                  accordingly, and (iii) although the safety                                                                     disproportionately affect children.
                                                  zone will apply to certain portions of                  4. Collection of Information
                                                                                                                                                                 11. Indian Tribal Governments
                                                  the Inner Harbor, smaller vessel traffic                   This rule will not call for a new
                                                                                                                                                                    This rule does not have tribal
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                                                  will be able to transit safely around the               collection of information under the
                                                  safety zone.                                            Paperwork Reduction Act of 1995 (44                    implications under Executive Order
                                                                                                          U.S.C. 3501–3520).                                     13175, Consultation and Coordination
                                                  2. Impact on Small Entities                                                                                    with Indian Tribal Governments,
                                                     The Regulatory Flexibility Act of 1980               5. Federalism                                          because it does not have a substantial
                                                  (RFA), 5 U.S.C. 601–612, as amended,                       A rule has implications for federalism              direct effect on one or more Indian
                                                  requires federal agencies to consider the               under Executive Order 13132,                           tribes, on the relationship between the
                                                  potential impact of regulations on small                Federalism, if it has a substantial direct             Federal Government and Indian tribes,


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                                                                      Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations                                                34063

                                                  or on the distribution of power and                     PART 165—REGULATED NAVIGATION                            Captain of the Port Baltimore means
                                                  responsibilities between the Federal                    AREAS AND LIMITED ACCESS AREAS                         the Commander, U.S. Coast Guard
                                                  Government and Indian tribes.                                                                                  Sector Baltimore, Maryland.
                                                                                                          ■ 1. The authority citation for part 165                 Designated representative means any
                                                  12. Energy Effects                                      continues to read as follows:                          Coast Guard commissioned, warrant, or
                                                    This action is not a ‘‘significant                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            petty officer who has been authorized
                                                  energy action’’ under Executive Order                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              by the Captain of the Port Baltimore to
                                                  13211, Actions Concerning Regulations                   Department of Homeland Security Delegation             assist in enforcing the safety zone
                                                                                                          No. 0170.1.                                            described in paragraph (a) of this
                                                  That Significantly Affect Energy Supply,
                                                  Distribution, or Use.                                   ■ 2. Add § 165.T05–0315 to read as                     section.
                                                                                                          follows:                                                 (d) Enforcement period. This section
                                                  13. Technical Standards                                                                                        will be enforced from 8:30 p.m. through
                                                                                                          § 165.T05–0315 Safety Zone for Fireworks               10:30 p.m. on July 2, 2015.
                                                    This rule does not use technical                      Display, Patapsco River, Inner Harbor;
                                                  standards. Therefore, we did not                        Baltimore, MD.                                           Dated: May 29, 2015.
                                                  consider the use of voluntary consensus                    (a) Location. The following area is a               Kevin C. Kiefer,
                                                  standards.                                              safety zone: All waters of the Patapsco                Captain, U.S. Coast Guard Captain of the
                                                                                                          River, within a 100 yards radius of a                  Port Baltimore.
                                                  14. Environment                                         fireworks discharge barge in                           [FR Doc. 2015–14633 Filed 6–12–15; 8:45 am]

                                                     We have analyzed this rule under                     approximate position latitude 39°16′56″                BILLING CODE 9110–04–P

                                                  Department of Homeland Security                         N., longitude 076°36′19″ W., located in
                                                  Management Directive 023–01 and                         the Inner Harbor at Baltimore,
                                                  Commandant Instruction M16475.lD,                       Maryland. All coordinates refer to                     ENVIRONMENTAL PROTECTION
                                                  which guide the Coast Guard in                          datum NAD 1983.                                        AGENCY
                                                                                                             (b) Regulations. The general safety
                                                  complying with the National
                                                                                                          zone regulations found in 33 CFR                       40 CFR Part 52
                                                  Environmental Policy Act of 1969
                                                                                                          165.23 apply to the safety zone created
                                                  (NEPA) (42 U.S.C. 4321–4370f), and
                                                                                                          by this temporary section, § 165.T05–                  [EPA–R03–OAR–2014–0652; FRL–9929–07–
                                                  have determined that this action is one                                                                        Region–3]
                                                                                                          0315.
                                                  of a category of actions that do not                       (1) All persons are required to comply
                                                  individually or cumulatively have a                     with the general regulations governing                 Approval and Promulgation of Air
                                                  significant effect on the human                         safety zones found in 33 CFR 165.23.                   Quality Implementation Plans;
                                                  environment. This rule involves                            (2) Entry into or remaining in this                 Pennsylvania; Update of the Motor
                                                  establishing a temporary safety zone for                zone is prohibited unless authorized by                Vehicle Emissions Budgets and
                                                  a fireworks display. The fireworks are                  the Coast Guard Captain of the Port                    General Conformity Budgets for the
                                                  launched from navigable waters of the                   Baltimore. All vessels underway within                 Scranton/Wilkes-Barre 1997 8-Hour
                                                  United States and may negatively                        this safety zone at the time it is                     Ozone National Ambient Air Quality
                                                  impact the safety or other interests of                 implemented are to depart the zone.                    Standard Maintenance Area
                                                  waterway users and near shore activities                   (3) Persons desiring to transit the area
                                                  in the event area. The activity includes                                                                       AGENCY:  Environmental Protection
                                                                                                          of the safety zone must first obtain
                                                  fireworks launched from barges near the                                                                        Agency (EPA).
                                                                                                          authorization from the Captain of the
                                                  shoreline that generally rely on the use                Port Baltimore or his designated                       ACTION: Final rule.
                                                  of navigable waters as a safety buffer to               representative. To seek permission to
                                                  protect the public from fireworks                                                                              SUMMARY:   The Environmental Protection
                                                                                                          transit the area, the Captain of the Port
                                                  fallouts and premature detonations.                                                                            Agency (EPA) is approving State
                                                                                                          Baltimore and his designated
                                                  This action is necessary to protect                                                                            Implementation Plan (SIP) revisions
                                                                                                          representatives can be contacted at
                                                  persons and property during the project.                                                                       submitted by the Commonwealth of
                                                                                                          telephone number 410–576–2693 or on
                                                                                                                                                                 Pennsylvania (Pennsylvania). These
                                                  This rule is categorically excluded from                Marine Band Radio VHF–FM channel
                                                                                                                                                                 revisions consist of an update to the
                                                  further review under paragraph 34(g) of                 16 (156.8 MHz). The Coast Guard
                                                                                                                                                                 motor vehicle emissions budgets
                                                  Figure 2–1 of the Commandant                            vessels enforcing this section can be
                                                                                                                                                                 (MVEBs) for nitrogen oxides (NOX) for
                                                  Instruction. An environmental analysis                  contacted on Marine Band Radio VHF–
                                                                                                                                                                 the 1997 8-Hour Ozone National
                                                  checklist supporting this determination                 FM channel 16 (156.8 MHz). Upon
                                                                                                                                                                 Ambient Air Quality Standard (NAAQS)
                                                  and a Categorical Exclusion                             being hailed by a U.S. Coast Guard
                                                                                                                                                                 maintenance SIP for the Scranton/
                                                  Determination are available in the                      vessel, or other Federal, State, or local
                                                                                                                                                                 Wilkes-Barre 1997 8-Hour Ozone
                                                  docket where indicated under                            agency vessel, by siren, radio, flashing
                                                                                                                                                                 NAAQS Maintenance Area (Scranton/
                                                  ADDRESSES. We seek any comments or                      light, or other means, the operator of a
                                                                                                                                                                 Wilkes-Barre Maintenance Area or
                                                  information that may lead to the                        vessel shall proceed as directed. If
                                                                                                                                                                 Area). These SIP revisions also include
                                                  discovery of a significant environmental                permission is granted, all persons and
                                                                                                                                                                 general conformity budgets for the
                                                  impact from this rule.                                  vessels must comply with the
                                                                                                                                                                 construction of the Bell Bend Nuclear
                                                                                                          instructions of the Captain of the Port
                                                  List of Subjects in 33 CFR Part 165                                                                            Power Plant. In addition, these SIP
                                                                                                          Baltimore or his designated
                                                                                                                                                                 revisions include updated point and
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                                                    Harbors, Marine safety, Navigation                    representative and proceed as directed
                                                                                                                                                                 area source inventories for NOX. EPA is
                                                  (water), Reporting and recordkeeping                    while within the zone.
                                                                                                                                                                 approving these revisions to the
                                                  requirements, Security measures,                           (4) Enforcement. The U.S. Coast
                                                                                                                                                                 Pennsylvania SIP in accordance with
                                                  Waterways.                                              Guard may be assisted in the patrol and
                                                                                                                                                                 the requirements of the Clean Air Act
                                                                                                          enforcement of the zone by Federal,
                                                    For the reasons discussed in the                                                                             (CAA).
                                                                                                          State, and local agencies.
                                                  preamble, the Coast Guard amends 33                        (c) Definitions. As used in this                    DATES: This final rule is effective on July
                                                  CFR part 165 as follows:                                section:                                               15, 2015.


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Document Created: 2015-12-15 15:13:33
Document Modified: 2015-12-15 15:13:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:30 p.m. through 10:30 p.m. on July 2, 2015.
ContactIf you have questions on this rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 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 Citation80 FR 34061 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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