Safety Zone for Fireworks Display, Potomac River, National Harbor Access Channel; Oxon Hill, MD, 56115-56117 [2012-22570]

Download as PDF Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Rules and Regulations must be transferred to the other petitioners, not the party filing the petition; although, in his or her discretion, the ruling official may use the actual petitioner as an intermediary for transferring the amounts authorized as a remission to the other petitioners. Dated: August 23, 2012. Eric H. Holder, Jr., Attorney General. [FR Doc. 2012–21943 Filed 9–11–12; 8:45 am] BILLING CODE 4410–09– 4410–02; 4410–FY; 4410–14; P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2012–0815] Drawbridge Operation Regulations; Fort Point Channel, Boston, MA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Northern Avenue Bridge, mile 0.1, across the Fort Point Channel, at Boston, Massachusetts. Under this temporary deviation a sixhour advance notice for bridge opening shall be required at the bridge to facilitate bridge repairs. DATES: This deviation is effective from 11 p.m. on September 16, 2012 through 9 a.m. on September 20, 2012. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2012– 0815 and are available online at www.regulations.gov, inserting USCG– 2012–0815 in the ‘‘Keyword’’ 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 rule, call or email Mr. John McDonald john.w.mcdonald@uscg.mil, Project Officer, First Coast Guard District, telephone (617) 223–8364. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. srobinson on DSK4SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:19 Sep 11, 2012 Jkt 226001 The Northern Avenue Bridge, across the Fort Point Channel, mile 0.1, has a vertical clearance in the closed position of 7 feet at mean high water and 17 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.599. The waterway has seasonal recreational vessels of various sizes. The owner of the bridge, the City of Boston, requested a temporary deviation to facilitate the replacement of deck support. The bridge cannot open while the stringers are unsecured. A six-hour advance notice for bridge openings was requested to allow sufficient time to safely open the bridge. Under this temporary deviation the Northern Avenue Bridge, mile 0.1, across the Fort Point Channel may require a six-hour advance notice for bridge openings between 11 p.m. and 9 a.m. from September 16, 2012 through September 20, 2012. Vessels that can pass under the bridge without a bridge opening may do so at all times. There are no alternate routes available for navigation. The bridge cannot open for an emergency while any steel remains unsecured. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION: Dated: August 31, 2012. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. 2012–22485 Filed 9–11–12; 8:45 am] BILLING CODE 9110–04–P Coast Guard 33 CFR Part 165 [Docket Number USCG–2012–0818] RIN 1625–AA00 Safety Zone for Fireworks Display, Potomac River, National Harbor Access Channel; Oxon Hill, MD Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a safety zone upon specified waters of the Potomac River. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a floating platform located within SUMMARY: PO 00000 Frm 00023 Fmt 4700 the National Harbor Access Channel at Oxon Hill in Prince Georges County, Maryland. This safety zone is intended to protect the maritime public in a portion of the Potomac River. DATES: This rule is effective from 8:30 p.m. on September 12, 2012, through 11 p.m. on September 13, 2012. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2012–0818. 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 L. Houck, Sector Baltimore Waterways Management Division, U.S. Coast Guard; telephone 410–576–2674, email Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information DEPARTMENT OF HOMELAND SECURITY ACTION: 56115 Sfmt 4700 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 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 publishing an NPRM would be impracticable. The Coast Guard received the information about the event on August 6, 2012; delaying the effective date by first publishing an NPRM would be contrary to the safety zone’s intended objectives as well as to the public interest because immediate action is E:\FR\FM\12SER1.SGM 12SER1 56116 Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Rules and Regulations 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 impracticable for the reasons described above. srobinson on DSK4SPTVN1PROD with RULES B. Basis and Purpose Kuoni Destination Management, of Alexandria, Virginia, will conduct a fireworks display launched from a floating platform located on the Potomac River, adjacent to the Gaylord National Resort Hotel, at Oxon Hill in Prince Georges County, Maryland, scheduled on September 12, 2012 at approximately 9:50 p.m. If necessary, due to inclement weather, the fireworks display may be re-scheduled to take place on September 13, 2012 at approximately 9:50 p.m. 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. A safety zone is needed 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. C. Discussion of the Final Rule The Coast Guard is establishing a temporary safety zone on certain waters of the Potomac River, National Harbor Access Channel, within a 150 yards radius of a fireworks discharge platform in approximate position latitude 38°47’01″ N, longitude 077°01’17″ W, located at Oxon Hill in Prince Georges County, Maryland (NAD 1983). The temporary safety zone will be enforced from 8:30 p.m. through 11:00 p.m. on September 12, 2012 and, if necessary due to inclement weather, from 8:30 p.m. through 11:00 p.m. on September 13, 2012. The effect of this temporary safety zone will be to restrict navigation in the regulated area during, as well as the set up and take down of, the fireworks display. No person or vessel may enter or remain in the safety zone. Vessels will be allowed to transit the VerDate Mar<15>2010 17:19 Sep 11, 2012 Jkt 226001 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. D. 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. 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 safety zone will restrict some vessel traffic, there is little vessel traffic associated with commercial fishing in the area, 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. 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 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, National Harbor Access Channel, located at Oxon Hill in Prince Georges County, Maryland from 8:30 p.m. through 11:00 p.m. on September 12, 2012 and, if necessary due to inclement weather, from 8:30 p.m. through 11:00 p.m. on September 13, 2012. 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; this safety zone would be activated, and thus subject to enforcement, for only 2–1/2 hours in the evening when vessel traffic is low; and PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 vessel traffic could pass safely around the safety zone. In addition, before the activation of the zone, we will issue maritime advisories widely available to users of the waterway to allow mariners to make alternative plans for transiting the affected area. 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 would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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. E:\FR\FM\12SER1.SGM 12SER1 Federal Register / Vol. 77, No. 177 / Wednesday, September 12, 2012 / Rules and Regulations 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, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. srobinson on DSK4SPTVN1PROD with RULES 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 VerDate Mar<15>2010 17:19 Sep 11, 2012 Jkt 226001 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. 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 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 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, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–0818 to read as follows: ■ § 165.T05–0818 Safety Zone for Fireworks Display, Potomac River, National Harbor Access Channel; Oxon Hill, MD. (a) Regulated area. The following area is a safety zone: All waters of the Potomac River, National Harbor Access Channel, within a 150 yards radius of a fireworks discharge platform in approximate position latitude 38°47′01″ N, longitude 077°01′17″ W, located at Oxon Hill in Prince Georges County, Maryland (NAD 1983). (b) Regulations. The general safety zone regulations found in 33 CFR 165.23 apply to the safety zone created by this temporary § 165.T05–0818. (1) 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 56117 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 8:30 p.m. through 11:00 p.m. on September 12, 2012 and, if necessary due to inclement weather, from 8:30 p.m. through 11 p.m. on September 13, 2012. Dated: August 27, 2012. Kevin C. Kiefer, Captain, U.S. Coast Guard, Captain of the Port Baltimore. [FR Doc. 2012–22570 Filed 9–10–12; 4:15 pm] BILLING CODE 9110–04–P DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 7 [NPS–MACA–10037; 5531–SZM] RIN 1024–AD80 Special Regulations, Areas of the National Park System; Mammoth Cave National Park, Bicycle Routes National Park Service, Interior. Final rule. AGENCY: ACTION: E:\FR\FM\12SER1.SGM 12SER1

Agencies

[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Rules and Regulations]
[Pages 56115-56117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22570]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0818]
RIN 1625-AA00


Safety Zone for Fireworks Display, Potomac River, National Harbor 
Access Channel; Oxon Hill, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone upon specified 
waters of the Potomac River. This action is necessary to provide for 
the safety of life on navigable waters during a fireworks display 
launched from a floating platform located within the National Harbor 
Access Channel at Oxon Hill in Prince Georges County, Maryland. This 
safety zone is intended to protect the maritime public in a portion of 
the Potomac River.

DATES: This rule is effective from 8:30 p.m. on September 12, 2012, 
through 11 p.m. on September 13, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0818. 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 L. Houck, Sector Baltimore Waterways 
Management Division, U.S. Coast Guard; telephone 410-576-2674, email 
Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

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

A. Regulatory History and 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 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 publishing an NPRM would be 
impracticable. The Coast Guard received the information about the event 
on August 6, 2012; delaying the effective date by first publishing an 
NPRM would be contrary to the safety zone's intended objectives as well 
as to the public interest because immediate action is

[[Page 56116]]

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 impracticable for 
the reasons described above.

B. Basis and Purpose

    Kuoni Destination Management, of Alexandria, Virginia, will conduct 
a fireworks display launched from a floating platform located on the 
Potomac River, adjacent to the Gaylord National Resort Hotel, at Oxon 
Hill in Prince Georges County, Maryland, scheduled on September 12, 
2012 at approximately 9:50 p.m. If necessary, due to inclement weather, 
the fireworks display may be re-scheduled to take place on September 
13, 2012 at approximately 9:50 p.m.
    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. A safety zone is needed 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.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone on certain 
waters of the Potomac River, National Harbor Access Channel, within a 
150 yards radius of a fireworks discharge platform in approximate 
position latitude 38[deg]47'01'' N, longitude 077[deg]01'17'' W, 
located at Oxon Hill in Prince Georges County, Maryland (NAD 1983). The 
temporary safety zone will be enforced from 8:30 p.m. through 11:00 
p.m. on September 12, 2012 and, if necessary due to inclement weather, 
from 8:30 p.m. through 11:00 p.m. on September 13, 2012. The effect of 
this temporary safety zone will be to restrict navigation in the 
regulated area during, as well as the set up and take down of, 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.

D. 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.

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 safety 
zone will restrict some vessel traffic, there is little vessel traffic 
associated with commercial fishing in the area, 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.

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 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, National 
Harbor Access Channel, located at Oxon Hill in Prince Georges County, 
Maryland from 8:30 p.m. through 11:00 p.m. on September 12, 2012 and, 
if necessary due to inclement weather, from 8:30 p.m. through 11:00 
p.m. on September 13, 2012. 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; this 
safety zone would be activated, and thus subject to enforcement, for 
only 2-1/2 hours in the evening when vessel traffic is low; and vessel 
traffic could pass safely around the safety zone. In addition, before 
the activation of the zone, we will issue maritime advisories widely 
available to users of the waterway to allow mariners to make 
alternative plans for transiting the affected area.

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 would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

[[Page 56117]]

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, 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. 
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; 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, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T05-0818 to read as follows:


Sec.  165.T05-0818  Safety Zone for Fireworks Display, Potomac River, 
National Harbor Access Channel; Oxon Hill, MD.

    (a) Regulated area. The following area is a safety zone: All waters 
of the Potomac River, National Harbor Access Channel, within a 150 
yards radius of a fireworks discharge platform in approximate position 
latitude 38[deg]47'01'' N, longitude 077[deg]01'17'' W, located at Oxon 
Hill in Prince Georges County, Maryland (NAD 1983).
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this temporary Sec.  
165.T05-0818.
    (1) 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 8:30 
p.m. through 11:00 p.m. on September 12, 2012 and, if necessary due to 
inclement weather, from 8:30 p.m. through 11 p.m. on September 13, 
2012.

    Dated: August 27, 2012.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-22570 Filed 9-10-12; 4:15 pm]
BILLING CODE 9110-04-P