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