Safety Zone for Fireworks Display, Upper Potomac River, Alexandria Channel; Washington, DC, 68718-68721 [2012-27814]

Download as PDF 68718 Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Proposed Rules if it received no significant adverse comments on the direct-final rule by July 23, 2012. OSHA received two comments on the direct-final rule by that date, neither of which were significant adverse comments (see Document IDs OSHA–2011–0184–0003 and –0004). To the contrary, both comments supported the direct final rule. OSHA is publishing a notice announcing this determination and confirming the effective date of the direct-final rule as September 20, 2012. Accordingly, OSHA is not proceeding with the proposed rule, and is withdrawing it from the rulemaking process. List of Subjects in 29 CFR Parts 1910, 1915, 1917, 1918, and 1926 Head protection, Occupational safety and health, Safety. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of this document. OSHA is issuing this document pursuant to 29 U.S.C. 653, 655, and 657, 5 U.S.C. 553, Secretary of Labor’s Order 1–2012 (77 FR 3912), and 29 CFR part 1911. Signed at Washington, DC on November 8, 2012. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2012–27791 Filed 11–15–12; 8:45 am] BILLING CODE 4510–26–P within the Alexandria Channel at Washington, DC. This safety zone is intended to protect the maritime public in a portion of the Upper Potomac River. DATES: Comments and related material must be received by the Coast Guard on or before December 17, 2012. If finalized, this rule would be effective from 10:30 p.m. on December 31, 2012 through 9 p.m. on January 1, 2013. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. • Fax: 202–493–2251. • Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. 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: DEPARTMENT OF HOMELAND SECURITY Table of Acronyms Coast Guard DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking 33 CFR Part 165 A. Public Participation and Request for Comments [Docket Number USCG–2012–0969] RIN 1625–AA00 emcdonald on DSK7TPTVN1PROD with PROPOSALS Safety Zone for Fireworks Display, Upper Potomac River, Alexandria Channel; Washington, DC Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a temporary safety zone encompassing certain waters of the Upper Potomac River. This action is necessary to provide for the safety of life on navigable waters during a fireworks display launched from a barge located SUMMARY: VerDate Mar<15>2010 15:42 Nov 15, 2012 Jkt 229001 We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 for each suggestion or recommendation. You may submit your comments and material online at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number USCG–2012–0969 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG–2012–0969) 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. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). E:\FR\FM\16NOP1.SGM 16NOP1 Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Proposed Rules 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Regulatory History and Information This rule involves a New Years Eve fireworks display, an event that takes place in Alexandria, Virginia each year on December 31st and attracts thousands of spectators. This year, the launch site for the annual fireworks display is being moved from land to a discharge barge located on the Upper Potomac River. The permanent safety zone listed as Number 21 in the Table to 33 CFR 165.506 does not apply to this event. emcdonald on DSK7TPTVN1PROD with PROPOSALS C. Basis and Purpose First Night Alexandria, of Alexandria, Virginia, will conduct a fireworks display launched from a barge located on the Upper Potomac River, near Alexandria, Virginia, scheduled on December 31, 2012 at approximately 12 a.m. Midnight. If necessary, due to inclement weather, the fireworks display may be re-scheduled to take place on January 1, 2013 at approximately 8 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. 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 before, during and after the scheduled event. D. Discussion of Proposed Rule Through this regulation, the Coast Guard proposes to establish a temporary safety zone. The proposed zone would encompass all waters of the Upper Potomac River, Alexandria Channel, within a 200 yards radius of a fireworks discharge barge in approximate position latitude 38°48′40″ N, longitude 077°02′07″ W, located near the waterfront of Alexandria, Virginia. The temporary safety zone would be enforced from 10:30 p.m. on December 31, 2012 through 1 a.m. on January 1, VerDate Mar<15>2010 15:42 Nov 15, 2012 Jkt 229001 2013 and, if necessary due to inclement weather, from 6:30 p.m. through 9 p.m. on January 1, 2013. The effect of this temporary safety zone would be to restrict navigation in the regulated area during, as well as the set up and take down of, the fireworks display. Vessels would be allowed to transit the waters of the Upper Potomac River outside the safety zone. This rule would require that entry into or remaining in this safety zone is prohibited unless authorized by the Coast Guard Captain of the Port Baltimore. Vessels already at berth, mooring, or anchor in the safety zone at the time the safety zone is implemented would not have to depart the zone. All vessels underway within this safety zone at the time it is implemented would have to depart the zone. To seek permission to transit the area of the safety zone, the Captain of the Port Baltimore can be contacted at telephone number 410–576–2693 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). Coast Guard vessels enforcing the safety zone can be contacted on Marine Band Radio VHF–FM channel 16 (156.8 MHz). Federal, state, and local agencies may assist the Coast Guard in the enforcement of the safety zone. The Coast Guard will issue notices to the maritime community to further publicize the safety zone and notify the public of changes in the status of the zone. Such notices will continue until the event is complete. E. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. 1. Regulatory Planning and Review This proposed 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. There is no vessel traffic associated with recreational boating and commercial fishing expected during the effective period. 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this proposed rule on PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 68719 small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which might be small entities: the owners or operators of vessels intending to operate or transit through or within the safety zone during the enforcement period. Before the effective period, maritime advisories will be widely available to the maritime community. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. 4. Collection of Information This proposed 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 proposed 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 E:\FR\FM\16NOP1.SGM 16NOP1 68720 Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Proposed Rules 13. Technical Standards message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would 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 proposed 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 From Environmental Health Risks We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. emcdonald on DSK7TPTVN1PROD with PROPOSALS 11. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. VerDate Mar<15>2010 15:42 Nov 15, 2012 Jkt 229001 This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves 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. A preliminary 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 proposed 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 proposes to amend 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, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–0969 to read as follows: § 165.0969 Safety Zone, Upper Potomac River, Alexandria Channel; Washington, DC. (a) Location. The following area is a safety zone: All waters of the Upper Potomac River, Alexandria Channel, within a 200 yards radius of a fireworks discharge barge in approximate position latitude 38°48′40″ N, longitude 077°02′07″ W, located near the waterfront of Alexandria, Virginia. All coordinates refer to datum NAD 1983. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 (b) Regulations. The general safety zone regulations found in 33 CFR 165.23 apply to the safety zone created by this temporary section, § 165.T05.0969. (1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR 165.23. (2) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port Baltimore. Vessels already at berth, mooring, or anchor at the time the safety zone is implemented do not have to depart the safety zone. All vessels underway within this safety zone at the time it is implemented are to depart the zone. (3) Persons desiring to transit the area of the safety zone must first obtain authorization from the Captain of the Port Baltimore or his designated representative. To seek permission to transit the area, the Captain of the Port Baltimore and his designated representatives can be contacted at telephone number 410–576–2693 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF– FM channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency vessel, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Baltimore or his designated representative and proceed at the minimum speed necessary to maintain a safe course while within the zone. (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies. (c) Definitions. As used in this section: Captain of the Port Baltimore means the Commander, U.S. Coast Guard Sector Baltimore, Maryland. Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Baltimore to assist in enforcing the safety zone described in paragraph (a) of this section. (d) Effective period. This section will be enforced from 10:30 p.m. on December 31, 2012 through 1 a.m. on January 1, 2013 and, if necessary due to inclement weather, from 6:30 p.m. through 9 p.m. on January 1, 2013. E:\FR\FM\16NOP1.SGM 16NOP1 Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Proposed Rules Dated: November 2, 2012. Kevin C. Kiefer, Captain, U.S. Coast Guard, Captain of the Port Baltimore. [FR Doc. 2012–27814 Filed 11–15–12; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR PART 52 [EPA–R03–OAR–2012–0305; FRL–9752–7] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Deferral for CO2 Emissions From Bioenergy and Other Biogenic Sources Under the Prevention of Significant Deterioration Program; Reopening of Comment Period Environmental Protection Agency (EPA). ACTION: Proposed rule; reopening of the comment period. AGENCY: EPA is reopening the comment period for a notice of proposed rulemaking (NPR) published on September 7, 2012. In the NPR, EPA proposed approval of a revision to the Maryland State Implementation Plan (SIP) that would incorporate EPA’s ‘‘Biomass Deferral’’ into the Maryland SIP. At the request of Community Research, (College Park, Maryland), EPA is reopening the comment period. Comments submitted between the close of the original comment period and the re-opening of this comment period will be accepted and considered. DATES: The comment period for the proposed rule published on September 7, 2012 (77 FR 55171) is reopened through December 17, 2012. All comments received on or before December 17, 2012 will be entered into the public record and considered by EPA before taking final action on the proposed rule. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2012–0305 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: cox.kathleen@epa.gov. C. Mail: EPA–R03–OAR–2012–0305, Ms. Kathleen Cox, Associate Director, Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such emcdonald on DSK7TPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 15:42 Nov 15, 2012 Jkt 229001 deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2012– 0305. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless 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 www.regulations.gov or email. The 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 email comment directly to EPA without going through www.regulations.gov, your email 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 electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 68721 FOR FURTHER INFORMATION CONTACT: Mr. David Talley, (215) 814–2117, or by email at talley.david@epa.gov. Dated: October 31, 2012. W. C. Early, Acting Regional Administrator, Region III. [FR Doc. 2012–27977 Filed 11–15–12; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2 and 95 [ET Docket No. 08–59; Report No. 2966] Petition for Reconsideration of Action in Rulemaking Proceeding Federal Communications Commission. ACTION: Petition for reconsideration. AGENCY: In this document, Petitions for Reconsideration (Petitions) have been filed in the Commission’s rulemaking proceeding filed by Dale Woodin, Executive Director of American Society for Healthcare Engineering of American Hospital Association, on behalf of American Society for Healthcare Engineering of the American Hospital Association, and David R. Sidall, Esq., for DS Law PLLC, on behalf of Phillips Healthcare, Ari Q. Fitzgerald, Esq., for Hogan Lovells US LLP, on behalf of GE Healthcare, and William K. Keane, Esq., for Duane Morris LLP, on behalf of AFTRCC. DATES: Oppositions to the Petitions must be filed on or before December 3, 2012. Replies to an opposition must be filed on or before December 11, 2012. ADDRESSES: Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Brian Butler, Policy and Rules Division, Office of Engineering and Technology, (202) 418–2702, email brian.butler@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of Commission’s document, Report No. 2966, released October 31, 2012. The full text of Report No. 2966 is available for viewing and copying in Room CY–B402, 445 12th Street SW., Washington, DC or may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI) (1– 800–378–3160). The Commission will not send a copy of this Notice pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because this Notice does not have an impact on any rules of particular applicability. Subject: Amendment of the Commission’s Rules to Provide SUMMARY: E:\FR\FM\16NOP1.SGM 16NOP1

Agencies

[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Proposed Rules]
[Pages 68718-68721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27814]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0969]
RIN 1625-AA00


Safety Zone for Fireworks Display, Upper Potomac River, 
Alexandria Channel; Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
encompassing certain waters of the Upper Potomac River. This action is 
necessary to provide for the safety of life on navigable waters during 
a fireworks display launched from a barge located within the Alexandria 
Channel at Washington, DC. This safety zone is intended to protect the 
maritime public in a portion of the Upper Potomac River.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 17, 2012. If finalized, this rule would be 
effective from 10:30 p.m. on December 31, 2012 through 9 p.m. on 
January 1, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: 202-493-2251.
     Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2012-0969 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0969) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

[[Page 68719]]

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    This rule involves a New Years Eve fireworks display, an event that 
takes place in Alexandria, Virginia each year on December 31st and 
attracts thousands of spectators. This year, the launch site for the 
annual fireworks display is being moved from land to a discharge barge 
located on the Upper Potomac River. The permanent safety zone listed as 
Number 21 in the Table to 33 CFR 165.506 does not apply to this event.

C. Basis and Purpose

    First Night Alexandria, of Alexandria, Virginia, will conduct a 
fireworks display launched from a barge located on the Upper Potomac 
River, near Alexandria, Virginia, scheduled on December 31, 2012 at 
approximately 12 a.m. Midnight. If necessary, due to inclement weather, 
the fireworks display may be re-scheduled to take place on January 1, 
2013 at approximately 8 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. 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 before, during and after the 
scheduled event.

D. Discussion of Proposed Rule

    Through this regulation, the Coast Guard proposes to establish a 
temporary safety zone. The proposed zone would encompass all waters of 
the Upper Potomac River, Alexandria Channel, within a 200 yards radius 
of a fireworks discharge barge in approximate position latitude 
38[deg]48'40'' N, longitude 077[deg]02'07'' W, located near the 
waterfront of Alexandria, Virginia. The temporary safety zone would be 
enforced from 10:30 p.m. on December 31, 2012 through 1 a.m. on January 
1, 2013 and, if necessary due to inclement weather, from 6:30 p.m. 
through 9 p.m. on January 1, 2013.
    The effect of this temporary safety zone would be to restrict 
navigation in the regulated area during, as well as the set up and take 
down of, the fireworks display. Vessels would be allowed to transit the 
waters of the Upper Potomac River outside the safety zone.
    This rule would require that entry into or remaining in this safety 
zone is prohibited unless authorized by the Coast Guard Captain of the 
Port Baltimore. Vessels already at berth, mooring, or anchor in the 
safety zone at the time the safety zone is implemented would not have 
to depart the zone. All vessels underway within this safety zone at the 
time it is implemented would have to depart the zone. To seek 
permission to transit the area of the safety zone, the Captain of the 
Port Baltimore can be contacted at telephone number 410-576-2693 or on 
Marine Band Radio VHF-FM channel 16 (156.8 MHz). Coast Guard vessels 
enforcing the safety zone can be contacted on Marine Band Radio VHF-FM 
channel 16 (156.8 MHz). Federal, state, and local agencies may assist 
the Coast Guard in the enforcement of the safety zone. The Coast Guard 
will issue notices to the maritime community to further publicize the 
safety zone and notify the public of changes in the status of the zone. 
Such notices will continue until the event is complete.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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. There is no vessel 
traffic associated with recreational boating and commercial fishing 
expected during the effective period.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities. This proposed rule would affect the following entities, 
some of which might be small entities: the owners or operators of 
vessels intending to operate or transit through or within the safety 
zone during the enforcement period. Before the effective period, 
maritime advisories will be widely available to the maritime community.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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

[[Page 68720]]

message can be received without jeopardizing the safety or security of 
people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves 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. A preliminary 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 proposed 
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 proposes 
to amend 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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T05-0969 to read as follows:


Sec.  165.0969  Safety Zone, Upper Potomac River, Alexandria Channel; 
Washington, DC.

    (a) Location. The following area is a safety zone: All waters of 
the Upper Potomac River, Alexandria Channel, within a 200 yards radius 
of a fireworks discharge barge in approximate position latitude 
38[deg]48'40'' N, longitude 077[deg]02'07'' W, located near the 
waterfront of Alexandria, Virginia. All coordinates refer to datum NAD 
1983.
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05.0969.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Baltimore. Vessels 
already at berth, mooring, or anchor at the time the safety zone is 
implemented do not have to depart the safety zone. All vessels underway 
within this safety zone at the time it is implemented are to depart the 
zone.
    (3) Persons desiring to transit the area of the safety zone must 
first obtain authorization from the Captain of the Port Baltimore or 
his designated representative. To seek permission to transit the area, 
the Captain of the Port Baltimore and his designated representatives 
can be contacted at telephone number 410-576-2693 or on Marine Band 
Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing 
this section can be contacted on Marine Band Radio VHF-FM channel 16 
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other 
Federal, State, or local agency vessel, by siren, radio, flashing 
light, or other means, the operator of a vessel shall proceed as 
directed. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port Baltimore or his 
designated representative and proceed at the minimum speed necessary to 
maintain a safe course while within the zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (c) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard 
Sector Baltimore, Maryland.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Baltimore to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (d) Effective period. This section will be enforced from 10:30 p.m. 
on December 31, 2012 through 1 a.m. on January 1, 2013 and, if 
necessary due to inclement weather, from 6:30 p.m. through 9 p.m. on 
January 1, 2013.


[[Page 68721]]


    Dated: November 2, 2012.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-27814 Filed 11-15-12; 8:45 am]
BILLING CODE 9110-04-P