Safety Zone; Fireworks Display, Potomac River, Charles County, MD, 41376-41379 [2010-17342]
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Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
100, for the annual Port Huron to
Mackinac Island Sail Race, July 17, 2010
at 9 a.m. to July 17, 2010 at 4 p.m. This
action is necessary to safely control
vessel movements in the vicinity of the
start of the race and provide for the
safety of the general boating public and
commercial shipping. Regulations will
be in effect for seven hours on the day
the event starts. The Coast Guard will
patrol the race area under the direction
of a designated Coast Guard Patrol
Commander.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
ADDRESSES.
Authority: 33 U.S.C. 1233, Department of
Homeland Security Delegation No. 0170.1.
List of Subjects in 33 CFR Part 100
■
Marine Safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
§ 100.T09–0659 Special Local Regulations
for Marine Events; Port Huron to Mackinac
Island Sail Race.
docket where indicated under
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
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N
N
N
N
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1. The authority citation for part 100
continues to read as follows:
Longitude
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
[DATUM: NAD 83].
(b) Effective period. This rule is
effective from 9 a.m. to 4 p.m. on July
17, 2010.
(c) Regulations. (1) In accordance with
the general regulations in section 100.35
of this part, the Coast Guard will patrol
the regatta area under the direction of a
designated Coast Guard Patrol
Commander (PATCOM). The PATCOM
may be contacted on Channel 16 (156.8
MHz) by the call sign ‘‘Coast Guard
Patrol Commander.’’ Vessels desiring to
transit the regulated area may do so only
with prior approval of the PATCOM and
when so directed by that officer.
(2) Vessels will be operated at a no
wake speed to reduce the wake to a
minimum, and in a manner which will
not endanger participants in the event
or any other craft. The rules in this
subparagraph shall not apply to
participants in the event or vessels of
the patrol operating in the performance
of their assigned duties.
(3) The Patrol Commander may direct
the anchoring, mooring or movement of
any boat or vessel within the regatta
area. A succession of sharp, short
signals by whistle or horn from vessels
patrolling the area under the direction
of the U.S. Coast Guard PATCOM shall
serve as a signal to stop. Vessels so
signaled shall stop and shall comply
with the orders of the PATCOM. Failure
to do so may result in expulsion from
the area, citation for failure to comply,
or both.
(4) The PATCOM may establish vessel
size and speed limitations and operating
conditions. The PATCOM may restrict
vessel operation within the regatta area
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(a) Location. The special local
regulations apply to the waters of the
Black River, St. Clair River and lower
Lake Huron from:
■
Latitude
42[deg]58.8[min]
42[deg]58.4[min]
43[deg]02.8[min]
43[deg]02.8[min]
42[deg]58.9[min]
42[deg]58.8[min]
2. A new temporary § 100.T09–0659 is
added to read as follows:
082[deg]26[min] W, to
082[deg]24.8[min] W, thence northward along the International Boundary to
082[deg]23.8[min] W, to
082[deg]26.8[min] W, thence southward along the U.S. shoreline to
082[deg]26[min] W, thence to
082[deg] 26[min] W.
to vessels having particular operating
characteristics. The PATCOM may
terminate the marine event or the
operation of vessel at any time it is
deemed necessary for the protection of
life and property.
Dated: July 2, 2010.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2010–17339 Filed 7–15–10; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0589]
RIN 1625–AA00
Safety Zone; Fireworks Display,
Potomac River, Charles County, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone upon
specified waters of the Potomac River.
All persons and vessels are prohibited
from transiting the zone, except as
authorized by the Coast Guard Captain
of the Port Baltimore. This action is
necessary to provide for the safety of life
on navigable waters during a fireworks
display launched from a discharge barge
located near Dumfries, Virginia. This
safety zone is intended to protect the
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maritime public in a portion of the
Potomac River.
DATES: This rule is effective from
7:30 p.m. on July 24, 2010 through
11 p.m. on July 25, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0589 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0589 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Mr. Ronald L. Houck,
Sector Baltimore Waterways
Management Division, Coast Guard;
telephone 410–576–2674, e-mail
Ronald.L.Houck@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
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Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
contrary to public interest to delay the
effective date of this rule. Delaying the
effective date by first publishing an
NPRM would be contrary to the safety
zone’s intended objectives because
immediate action is needed to protect
persons and vessels against the hazards
associated with a fireworks display on
navigable waters. Such hazards include
premature detonations, dangerous
projectiles and falling or burning debris.
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. Due to the need for immediate
action, the restriction of vessel traffic is
necessary to protect life, property and
the environment; therefore, a 30-day
notice is impracticable. Delaying the
effective date would be contrary to the
safety zone’s intended objectives of
protecting persons and vessels involved
in the event, and enhancing public and
maritime safety.
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Basis and Purpose
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 during
the scheduled event.
Discussion of Rule
Prince William Marine Sales, of
Woodbridge, Virginia, will sponsor a
fireworks display from a barge located
in the Potomac River near Dumfries,
Virginia scheduled on Saturday, July 24,
2010 at 9:30 p.m., and if necessary due
to inclement weather, on Sunday, July
25, 2010 at 9:30 p.m.
The Coast Guard is establishing a
temporary safety zone on certain waters
of the Potomac River, within a 500 feet
radius of a fireworks discharge barge in
approximate position latitude 38°34′07″
N., longitude 077°15′32″ W., located
approximately 650 feet east of the
pierhead at Tim’s Rivershore Restaurant
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in Dumfries, Virginia (NAD 1983). The
temporary safety zone will be enforced
from 7:30 p.m. through 11 p.m. on July
24, 2010, and if necessary due to
inclement weather, from 7:30 p.m.
through 11 p.m. on July 25, 2010. The
effect of this temporary safety zone will
be to restrict navigation in the regulated
area during the fireworks display. No
person or vessel may enter or remain in
the safety zone. Vessels will be allowed
to transit the waters of the Potomac
River outside the safety zone.
Notification of the temporary safety
zone will be provided to the public via
marine information broadcasts.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. Although this safety zone will
restrict some vessel traffic, there is little
vessel traffic associated with
commercial fishing, and recreational
boating in the area can transit waters
outside the safety zone. In addition, the
effect of this rule will not be significant
because the safety zone is of limited
duration and limited size. For the above
reasons, the Coast Guard does not
anticipate any significant economic
impact.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to operate, transit, or
anchor in a portion of the Potomac
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River, located at Dumfries, VA, from
7:30 p.m. through 11 p.m. on July 24,
2010, and if necessary due to inclement
weather, from 7:30 p.m. through 11 p.m.
on July 25, 2010. This safety zone will
not have a significant economic impact
on a substantial number of small entities
for the following reasons. The safety
zone is of limited size and duration. In
addition, before the effective periods,
the Coast Guard will issue maritime
advisories widely available to users of
the waterway to allow mariners to make
alternative plans for transiting the
affected area.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
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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.
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.
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.
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.
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,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
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regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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 concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary safety
zone.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–0589 to read as
follows:
■
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§ 165.T05–0589 Safety Zone; Fireworks
Display, Potomac River, Charles County,
MD.
(a) Regulated Area. The following area
is a safety zone: All waters in the
Potomac River, within a 500 feet radius
of a fireworks discharge barge in
approximate position latitude 38°34′07″
N., longitude 077°15′32″ W., located
approximately 650 feet east of the
pierhead at Tim’s Rivershore Restaurant
in Dumfries, Virginia (NAD 1983).
(b) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, all vessels and persons are
prohibited from entering this zone,
except as authorized by the Coast Guard
Captain of the Port Baltimore.
(2) Persons or vessels requiring entry
into or passage within the zone must
request authorization from the Captain
of the Port or his designated
representative by telephone at 410–576–
2693 or on VHF–FM marine band radio
channel 16.
(3) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF–FM marine band radio channels
13 and 16.
(4) The operator of any vessel within
or in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign, and
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign.
(c) Definitions. Captain of the Port
Baltimore means the Commander, Coast
Guard Sector Baltimore or any Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
Captain of the Port to act on his behalf.
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. The U.S. Coast
Guard may be assisted by Federal, State
and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This section
will be enforced from 7:30 p.m. through
11 p.m. on July 24, 2010, and if
necessary due to inclement weather,
from 7:30 p.m. through 11 p.m. on July
25, 2010.
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Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
Dated: June 30, 2010.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore, Maryland.
[FR Doc. 2010–17342 Filed 7–15–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[Docket EPA–R10–OAR–2010–0432; FRL–
9171–4]
Finding of Attainment for PM10 for the
Mendenhall Valley PM10 Nonattainment
Area, AK
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA finds that the
Mendenhall Valley nonattainment area
in Alaska attained the National Ambient
Air Quality Standard (NAAQS) for
particulate matter with an aerodynamic
diameter of less than or equal to a
nominal ten micrometers (PM10) as of
December 31, 1995.
DATES: This rule is effective on
September 14, 2010, without further
notice, unless EPA receives adverse
comment by August 16, 2010. If EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2010–0432, by any of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: body.steve@epa.gov.
• Mail: Steve Body, EPA Region 10,
Office of Air, Waste and Toxics (AWT–
107), 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101.
• Hand Delivery/Courier: EPA Region
10, 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101. Attention: Steve
Body, Office of Air, Waste and Toxics,
AWT–107. Such deliveries are only
accepted during normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2010–
0432. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
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the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Suite
900, Seattle WA 98101.
FOR FURTHER INFORMATION CONTACT:
Steve Body at telephone number: (206)
553–0782, e-mail address:
body.steve@epa.gov, or the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA. Information is organized as
follows:
Table of Contents
I. Background
A. PM10 NAAQS
B. Designation and Classification of PM10
nonattainment areas
C. How does EPA make attainment
determinations?
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41379
D. What is the attainment date for the
Mendenhall PM10 nonattainment area?
E. What PM10 planning has occurred for
the Mendenhall Valley PM10
nonattainment area?
II. EPA’s Analysis
A. What does the air quality data show as
of the December 31, 1995 attainment
date?
B. Does more recent air quality data also
show attainment?
III. Statutory and Executive Order Reviews
I. Background
A. PM10 NAAQS
The NAAQS are levels for certain
ambient air pollutants set by EPA to
protect public health and welfare. PM10,
or particulate matter with an
aerodynamic diameter less than or equal
to a nominal 10 micrometers, is among
the ambient air pollutants for which
EPA has established health-based
standards. On July 1, 1987 (52 FR
24634), EPA promulgated two primary
standards for PM10: a 24-hour standard
of 150 micrograms per cubic meter (μg/
m3) and an annual PM10 standard of 50
μg/m3. EPA also promulgated secondary
PM10 standards that were identical to
the primary standards.
Effective December 18, 2006, EPA
revoked the annual PM10 standard but
retained the 24-hour PM10 standard. 71
FR 61144 (October 17, 2006). The 24hour PM10 standard is attained when the
expected number of days per calendar
year with a 24-hour concentration in
excess of the standard, as determined in
accordance with 40 CFR part 50,
appendix K, is equal to or less than
one.1 40 CFR 50.6 and 40 CFR part 50,
appendix K.
B. Designation and Classification of
PM10 Nonattainment Areas
Areas meeting the requirements of
section 107(d)(4)(B) of the Clean Air Act
(CAA or the Act) were designated
nonattainment for PM10 by operation of
law and classified ’’moderate’’ upon
enactment of the 1990 Clean Air Act
Amendments. See generally 42 U.S.C.
7407(d)(4)(B). These areas included all
former Group I PM10 planning areas
identified on August 7, 1987 (52 FR
29383), as further clarified on October
31, 1990 (55 FR 45799), and any other
areas violating the NAAQS for PM10
prior to January 1, 1989. A Federal
Register notice announcing the areas
1 An exceedance is defined as a daily value that
is above the level of the 24-hour standard (150 μg/
m3) after rounding to the nearest 10 μg/m3 (i.e.
values ending in 5 or greater are to be rounded up).
Thus, a recorded value of 154 μg/m3 would not be
an exceedance since it would be rounded to 150μ/
m3 whereas a recorded value of 155 μg/m3 would
be an exceedance since it would be rounded to 160
μ/m3. See 40 CFR part 50, appendix K, section 1.0.
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]]>Agencies
[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Rules and Regulations]
[Pages 41376-41379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17342]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0589]
RIN 1625-AA00
Safety Zone; Fireworks Display, Potomac River, Charles County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone upon specified
waters of the Potomac River. All persons and vessels are prohibited
from transiting the zone, except as authorized by the Coast Guard
Captain of the Port Baltimore. This action is necessary to provide for
the safety of life on navigable waters during a fireworks display
launched from a discharge barge located near Dumfries, Virginia. This
safety zone is intended to protect the maritime public in a portion of
the Potomac River.
DATES: This rule is effective from 7:30 p.m. on July 24, 2010 through
11 p.m. on July 25, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0589 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0589 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Mr. Ronald L. Houck, Sector Baltimore
Waterways Management Division, Coast Guard; telephone 410-576-2674, e-
mail Ronald.L.Houck@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to
[[Page 41377]]
comment when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule because it is contrary to public interest to delay the
effective date of this rule. Delaying the effective date by first
publishing an NPRM would be contrary to the safety zone's intended
objectives because immediate action is needed to protect persons and
vessels against the hazards associated with a fireworks display on
navigable waters. Such hazards include premature detonations, dangerous
projectiles and falling or burning debris.
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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the event, and enhancing public and maritime safety.
Basis and Purpose
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 during the scheduled event.
Discussion of Rule
Prince William Marine Sales, of Woodbridge, Virginia, will sponsor
a fireworks display from a barge located in the Potomac River near
Dumfries, Virginia scheduled on Saturday, July 24, 2010 at 9:30 p.m.,
and if necessary due to inclement weather, on Sunday, July 25, 2010 at
9:30 p.m.
The Coast Guard is establishing a temporary safety zone on certain
waters of the Potomac River, within a 500 feet radius of a fireworks
discharge barge in approximate position latitude 38[deg]34'07'' N.,
longitude 077[deg]15'32'' W., located approximately 650 feet east of
the pierhead at Tim's Rivershore Restaurant in Dumfries, Virginia (NAD
1983). The temporary safety zone will be enforced from 7:30 p.m.
through 11 p.m. on July 24, 2010, and if necessary due to inclement
weather, from 7:30 p.m. through 11 p.m. on July 25, 2010. The effect of
this temporary safety zone will be to restrict navigation in the
regulated area during the fireworks display. No person or vessel may
enter or remain in the safety zone. Vessels will be allowed to transit
the waters of the Potomac River outside the safety zone. Notification
of the temporary safety zone will be provided to the public via marine
information broadcasts.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this safety zone will restrict
some vessel traffic, there is little vessel traffic associated with
commercial fishing, and recreational boating in the area can transit
waters outside the safety zone. In addition, the effect of this rule
will not be significant because the safety zone is of limited duration
and limited size. For the above reasons, the Coast Guard does not
anticipate any significant economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
operate, transit, or anchor in a portion of the Potomac River, located
at Dumfries, VA, from 7:30 p.m. through 11 p.m. on July 24, 2010, and
if necessary due to inclement weather, from 7:30 p.m. through 11 p.m.
on July 25, 2010. This safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. The safety zone is of limited size and duration. In addition,
before the effective periods, the Coast Guard will issue maritime
advisories widely available to users of the waterway to allow mariners
to make alternative plans for transiting the affected area.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the
[[Page 41378]]
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.
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.
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.
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.
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, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing a temporary safety
zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0589 to read as follows:
Sec. 165.T05-0589 Safety Zone; Fireworks Display, Potomac River,
Charles County, MD.
(a) Regulated Area. The following area is a safety zone: All waters
in the Potomac River, within a 500 feet radius of a fireworks discharge
barge in approximate position latitude 38[deg]34'07'' N., longitude
077[deg]15'32'' W., located approximately 650 feet east of the pierhead
at Tim's Rivershore Restaurant in Dumfries, Virginia (NAD 1983).
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, all vessels and persons are prohibited from
entering this zone, except as authorized by the Coast Guard Captain of
the Port Baltimore.
(2) Persons or vessels requiring entry into or passage within the
zone must request authorization from the Captain of the Port or his
designated representative by telephone at 410-576-2693 or on VHF-FM
marine band radio channel 16.
(3) All Coast Guard assets enforcing this safety zone can be
contacted on VHF-FM marine band radio channels 13 and 16.
(4) The operator of any vessel within or in the immediate vicinity
of this safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
Coast Guard Ensign, and
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
(c) Definitions. Captain of the Port Baltimore means the Commander,
Coast Guard Sector Baltimore or any Coast Guard commissioned, warrant
or petty officer who has been authorized by the Captain of the Port to
act on his behalf.
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. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This section will be enforced from 7:30
p.m. through 11 p.m. on July 24, 2010, and if necessary due to
inclement weather, from 7:30 p.m. through 11 p.m. on July 25, 2010.
[[Page 41379]]
Dated: June 30, 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore, Maryland.
[FR Doc. 2010-17342 Filed 7-15-10; 8:45 am]
BILLING CODE 9110-04-P
