83 FR 9456 - Safety Zone for Fireworks Display; Patapsco River, Inner Harbor, Baltimore, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 44 (March 6, 2018)

Page Range		9456-9459
FR Document		2018-04487

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Patapsco River. This action is necessary to provide for the safety of life on the navigable waters of the Inner Harbor at Baltimore, MD, during a fireworks display on April 21, 2018. If necessary, due to inclement weather, the event will be rescheduled to April 22, 2018. This action will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 44 (Tuesday, March 6, 2018)

[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Proposed Rules]
[Pages 9456-9459]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-04487]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0029]
RIN 1625-AA00

Safety Zone for Fireworks Display; Patapsco River, Inner Harbor,
Baltimore, MD

AGENCY: Coast Guard, DHS.

[[Page 9457]]

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain waters of the Patapsco River. This action is necessary to
provide for the safety of life on the navigable waters of the Inner
Harbor at Baltimore, MD, during a fireworks display on April 21, 2018.
If necessary, due to inclement weather, the event will be rescheduled
to April 22, 2018. This action will prohibit persons and vessels from
entering the safety zone unless authorized by the Captain of the Port
Maryland-National Capital Region or a designated representative. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0029 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ronald Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast
Guard; telephone 410-576-2674, email Ronald.L.Houck@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

On December 15, 2017, the Baltimore Office of Promotion and The
Arts notified the Coast Guard that it will be conducting a fireworks
display from 11:59 p.m. on April 21, 2018, to 12:06 a.m. on April 22,
2018, or if necessary, due to inclement weather, from 11:59 p.m. on
April 22, 2018 to 12:06 a.m. on April 23, 2018. Final details of the
event were received by the Coast Guard on January 30, 2018. The public
fireworks display will be conducted by Fireworks by Grucci, Inc., and
launched from five floating platforms located within the waters of
Inner Harbor Baltimore, between Inner Harbor Pier 3 and Inner Harbor
Pier 5 in Baltimore, MD. Hazards from firework displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The COTP has determined that potential
hazards associated with the fireworks to be used in this display would
be a safety concern for anyone within 75 yards of each of the five
fireworks discharge sites.
The purpose of this rulemaking is to ensure the safety of persons
and vessels on the navigable waters of the Inner Harbor before, during,
and after the scheduled event. The Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

The COTP proposes to establish a safety zone from 11 p.m. on April
21, 2018, until 1 a.m. on April 22, 2018, or if necessary, due to
inclement weather, from 11 p.m. on April 22, 2018, until 1 a.m. on
April 23, 2018. The safety zone will cover all navigable waters of the
Patapsco River, Inner Harbor, from shoreline to shoreline, within an
area bounded on the east by longitude 076[deg]36'12'' W, and bounded on
the west by the Inner Harbor west bulkhead, located at Baltimore, MD.
The duration of the zone is intended to ensure the safety of persons
and vessels on the specified navigable waters before, during, and after
the scheduled 11:59 p.m. fireworks display. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.

IV. 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 and Executive orders and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Although this
safety zone would restrict the entire width of the waterway, it would
impact a small designated area of the Inner Harbor for two hours during
the evening when vessel traffic is normally low. The Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM marine band channel 16
to provide information about the safety zone.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
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
section. 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.

[[Page 9458]]

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. 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 (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 a safety
zone lasting two hours that would prohibit vessel movement within the
Inner Harbor at Baltimore, MD. Normally such actions are categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. 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.

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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.T05-0029 to read as follows:

Sec. 165.T05-0029 Safety Zone for Fireworks Display; Patapsco River,
Inner Harbor, Baltimore, MD.

(a) Definitions. As used in this section:
(1) Captain of the Port Maryland-National Capital Region means the
Commander, U.S. Coast Guard Sector Maryland-National Capital Region.
(2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcement of the
safety zone described in paragraph (a) of this section.
(b) Location. The following area is a safety zone: All navigable
waters of the Patapsco River, Inner Harbor, from shoreline to
shoreline, within an area bounded on the east by longitude
076[deg]36'12'' W, and bounded on the west by the Inner Harbor west
bulkhead, located at Baltimore, MD. All coordinates refer to datum NAD
1983.
(c) Regulations. The general safety zone regulations found in 33
CFR part 165, subpart C apply to the safety zone created by this
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 safety zone is prohibited
unless authorized by the Coast Guard Captain of the Port Maryland-
National Capital Region. 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 shall
obtain authorization from the Captain of the Port Maryland-National
Capital Region or designated representative. To request permission to
transit the area, the Captain of the Port Maryland-National

[[Page 9459]]

Capital Region and or 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 to enter the safety zone, all persons and vessels shall comply
with the instructions of the Captain of the Port Maryland-National
Capital Region or designated representative and proceed as directed
while within the zone.
(4) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the zone by Federal, State, and local
agencies.
(d) Enforcement period. This section will be enforced from 11 p.m.
on April 21, 2018, until 1 a.m. on April 22, 2018, or if necessary, due
to inclement weather, from 11 p.m. on April 22, 2018, until 1 a.m. on
April 23, 2018.

Dated: February 22, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-04487 Filed 3-5-18; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Proposed Rules 9457

ACTION: Notice of proposed rulemaking. between Inner Harbor Pier 3 and Inner Management and Budget (OMB), and
Harbor Pier 5 in Baltimore, MD. Hazards pursuant to OMB guidance it is exempt
SUMMARY: The Coast Guard proposes to from firework displays include from the requirements of Executive
establish a temporary safety zone for accidental discharge of fireworks, Order 13771.
certain waters of the Patapsco River. dangerous projectiles, and falling hot
This action is necessary to provide for This regulatory action determination
embers or other debris. The COTP has is based on the size, location, duration,
the safety of life on the navigable waters determined that potential hazards
of the Inner Harbor at Baltimore, MD, and time-of-day of the safety zone.
associated with the fireworks to be used
during a fireworks display on April 21, Although this safety zone would restrict
in this display would be a safety
2018. If necessary, due to inclement the entire width of the waterway, it
concern for anyone within 75 yards of
weather, the event will be rescheduled would impact a small designated area of
each of the five fireworks discharge
to April 22, 2018. This action will sites. the Inner Harbor for two hours during
prohibit persons and vessels from The purpose of this rulemaking is to the evening when vessel traffic is
entering the safety zone unless ensure the safety of persons and vessels normally low. The Coast Guard will
authorized by the Captain of the Port on the navigable waters of the Inner issue a Broadcast Notice to Mariners via
Maryland-National Capital Region or a Harbor before, during, and after the VHF–FM marine band channel 16 to
designated representative. We invite scheduled event. The Coast Guard provide information about the safety
your comments on this proposed proposes this rulemaking under zone.
rulemaking. authority in 33 U.S.C. 1231. B. Impact on Small Entities
DATES: Comments and related material III. Discussion of Proposed Rule
must be received by the Coast Guard on The Regulatory Flexibility Act of
The COTP proposes to establish a 1980, 5 U.S.C. 601–612, as amended,
or before April 5, 2018.
safety zone from 11 p.m. on April 21, requires Federal agencies to consider
ADDRESSES: You may submit comments 2018, until 1 a.m. on April 22, 2018, or
identified by docket number USCG– the potential impact of regulations on
if necessary, due to inclement weather, small entities during rulemaking. The
2018–0029 using the Federal from 11 p.m. on April 22, 2018, until 1
eRulemaking Portal at http:// term ‘‘small entities’’ comprises small
a.m. on April 23, 2018. The safety zone businesses, not-for-profit organizations
www.regulations.gov. See the ‘‘Public will cover all navigable waters of the
Participation and Request for that are independently owned and
Patapsco River, Inner Harbor, from operated and are not dominant in their
Comments’’ portion of the shoreline to shoreline, within an area
SUPPLEMENTARY INFORMATION section for fields, and governmental jurisdictions
bounded on the east by longitude with populations of less than 50,000.
further instructions on submitting 076°36′12″ W, and bounded on the west
comments. The Coast Guard certifies under 5 U.S.C.
by the Inner Harbor west bulkhead, 605(b) that this proposed rule would not
FOR FURTHER INFORMATION CONTACT: If located at Baltimore, MD. The duration have a significant economic impact on
you have questions about this proposed of the zone is intended to ensure the a substantial number of small entities.
rulemaking, call or email Mr. Ronald safety of persons and vessels on the
Houck, Sector Maryland-National specified navigable waters before, While some owners or operators of
Capital Region Waterways Management during, and after the scheduled 11:59 vessels intending to transit the safety
Division, U.S. Coast Guard; telephone p.m. fireworks display. No vessel or zone may be small entities, for the
410–576–2674, email Ronald.L.Houck@ person will be permitted to enter the reasons stated in section IV.A above this
uscg.mil. safety zone without obtaining proposed rule would not have a
permission from the COTP or a significant economic impact on any
SUPPLEMENTARY INFORMATION: vessel owner or operator.
designated representative. The
I. Table of Abbreviations regulatory text we are proposing appears If you think that your business,
CFR Code of Federal Regulations at the end of this document. organization, or governmental
COTP Captain of the Port IV. Regulatory Analyses jurisdiction qualifies as a small entity
DHS Department of Homeland Security and that this rule would have a
FR Federal Register We developed this proposed rule after significant economic impact on it,
NPRM Notice of proposed rulemaking considering numerous statutes and please submit a comment (see
§ Section Executive orders related to rulemaking. ADDRESSES) explaining why you think it
U.S.C. United States Code Below we summarize our analyses qualifies and how and to what degree
II. Background, Purpose, and Legal based on a number of these statutes and this rule would economically affect it.
Basis Executive orders and we discuss First
Amendment rights of protestors. Under section 213(a) of the Small
On December 15, 2017, the Baltimore Business Regulatory Enforcement
Office of Promotion and The Arts A. Regulatory Planning and Review Fairness Act of 1996 (Pub. L. 104–121),
notified the Coast Guard that it will be Executive Orders 12866 and 13563 we want to assist small entities in
conducting a fireworks display from direct agencies to assess the costs and understanding this proposed rule. If the
11:59 p.m. on April 21, 2018, to 12:06 benefits of available regulatory rule would affect your small business,
a.m. on April 22, 2018, or if necessary, alternatives and, if regulation is organization, or governmental
due to inclement weather, from 11:59 necessary, to select regulatory jurisdiction and you have questions
jstallworth on DSKBBY8HB2PROD with PROPOSALS

p.m. on April 22, 2018 to 12:06 a.m. on approaches that maximize net benefits. concerning its provisions or options for
April 23, 2018. Final details of the event Executive Order 13771 directs agencies compliance, please contact the person
were received by the Coast Guard on to control regulatory costs through a listed in the FOR FURTHER INFORMATION
January 30, 2018. The public fireworks budgeting process. This NPRM has not CONTACT section. The Coast Guard will
display will be conducted by Fireworks been designated a ‘‘significant not retaliate against small entities that
by Grucci, Inc., and launched from five regulatory action,’’ under Executive question or complain about this
floating platforms located within the Order 12866. Accordingly, the NPRM proposed rule or any policy or action of
waters of Inner Harbor Baltimore, has not been reviewed by the Office of the Coast Guard.

VerDate Sep<11>2014 15:05 Mar 05, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\06MRP1.SGM 06MRP1

Document Created: 2018-11-01 08:49:19
Document Modified: 2018-11-01 08:49:19

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 April 5, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Mr. Ronald Houck, Sector Maryland- National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576-2674, email [email protected]
FR Citation		83 FR 9456
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 9456 - Safety Zone for Fireworks Display; Patapsco River, Inner Harbor, Baltimore, MD

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 44 (March 6, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard