Special Local Regulations for Marine Events and Safety Zone, Patapsco River; Baltimore, MD, 43327-43332 [2014-17444]
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Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Proposed Rules
petition. In that decision, the court
remanded the 1979 version of 30 CFR
816.95 and 817.95, which contained
extensive provisions regulating fugitive
dust (including fugitive dust from
blasting 1), because the court found that
‘‘the Secretary’s authority to regulate
[air] pollution is limited to activities
related to erosion.’’ Id. at 1491.
We will review and consider all
comments submitted to the addresses
listed above (see ADDRESSES) by the
close of the comment period (see
DATES).
Please include the Docket ID ‘‘OSM–
2014–0003’’ at the beginning of all
written comments. We cannot ensure
that comments received after the close
of the comment period (see DATES) or at
locations other than those listed above
(see ADDRESSES) will be included in the
docket or considered in the
development of a proposed rule.
In developing this notice, we did not
conduct or use a study, experiment, or
survey requiring peer review under the
Information Quality Act (Pub. L. 106–
554, section 15).
This notice is not subject to the
requirement to prepare an
Environmental Assessment or
Environmental Impact Statement under
the National Environmental Policy Act
(NEPA), 42 U.S.C. 4332(2)(C), because
no proposed action, as described in 40
CFR 1508.18(a) and (b), yet exists. This
notice only seeks public comment on
whether the Director should grant the
petition and initiate rulemaking. If the
Director ultimately grants the petition,
we will prepare the appropriate NEPA
compliance documents as part of the
rulemaking process.
Public Availability of Comments
Before including your address, phone
number, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Environmental protection, Reporting
and recordkeeping requirements,
Surface mining.
emcdonald on DSK67QTVN1PROD with PROPOSALS
Public Hearing
We will not hold a public hearing on
the petition. The petitioner did not
request a hearing and we have
determined under 30 CFR 700.12(c) that
no hearing is necessary. However,
OSMRE personnel will be available to
meet with the public during business
hours (8 a.m. to 4 p.m.) during the
comment period. Contact the person
listed under FOR FURTHER INFORMATION
CONTACT if you wish to arrange a
meeting.
V. Procedural Matters and Required
Determinations
This notice is not a proposed or final
rule, policy, or guidance. Therefore, it is
not subject to the Regulatory Flexibility
Act, the Small Business Regulatory
Enforcement Fairness Act, the
Paperwork Reduction Act, the
Unfunded Mandates Reform Act, or
Executive Orders 12866, 13563, 12630,
13132, 12988, 13175, and 13211. We
will conduct the analyses required by
these laws and executive orders only if
we decide to grant the petition and
develop a proposed rule.
1 30
CFR 816.95(b)(15) (1979).
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List of Subjects
30 CFR Part 816
30 CFR Part 817
Environmental protection, Reporting
and recordkeeping requirements,
Underground mining.
Dated: July 15, 2014.
Joseph G. Pizarchik,
Director, Office of Surface Mining
Reclamation and Enforcement.
[FR Doc. 2014–17592 Filed 7–24–14; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG–2014–0541]
RIN 1625–AA08, AA00
Special Local Regulations for Marine
Events and Safety Zone, Patapsco
River; Baltimore, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish temporary regulations in
certain waters of the Patapsco River.
This action is necessary to provide for
the safety of life on navigable waters
before, during, and after the StarSpangled Spectacular Fireworks
scheduled as part of War of 1812
Bicentennial Commemorations activities
at Baltimore, Maryland during
September 6–16, 2014. This action will
restrict vessel traffic in portions of the
SUMMARY:
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Patapsco River, including the Northwest
Harbor and Baltimore’s Inner Harbor.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 25, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) 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 Houck, U.S. Coast
Guard Sector Baltimore, MD; telephone
410–576–2674, email Ronald.L.Houck@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, 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 https://
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 https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
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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
https://www.regulations.gov, type the
docket number [USCG–2014–0541] 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.
emcdonald on DSK67QTVN1PROD with PROPOSALS
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2014–0138) 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).
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
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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 fireworks display
associated with a televised event that
will take place in Baltimore, Maryland,
on September 13, 2014 and will attract
thousands of spectators. The launch
sites for the fireworks display are from
discharge barges located in the Patapsco
River. The permanent safety zones listed
in the Table to 33 CFR 165.506 do not
apply to this event.
This rule also involves designated onwater spectator areas associated with
the fireworks display. The current
regulations under 33 CFR part 100
address safety for reoccurring marine
events. This marine event does not
appear in the current regulations;
however, as it is a regulation to provide
effective control over regattas and
marine parades on the navigable waters
of the United States so as to insure
safety of life in the regatta or marine
parade area, this marine event therefore
needs to be temporarily added.
C. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the rule is to
ensure safety of life on navigable waters
of the United States for designated onwater spectator areas established in
support of the Star-Spangled
Spectacular Fireworks event.
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
The Baltimore Office of Promotion
and The Arts, of Baltimore, MD, will
sponsor a large fireworks display
launched from barges located at seven
locations in the Patapsco River at
Baltimore, Maryland, scheduled on
September 13, 2014 at 9 p.m. A
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rehearsal of the fireworks show is
planned on September 12, 2014 at 9
p.m. If necessary due to inclement
weather, the event will be held on
September 14, 2014.
Through this regulation, the Coast
Guard proposes to establish a safety
zone. The safety zone will encompass
all waters of the Patapsco River, as
follows: (1) Within a 150 foot radius of
a fireworks discharge barge in
approximate position latitude 39°17′03″
N, longitude 076°36′36″ W, located
southeast of Pier 1 Inner Harbor at
Baltimore, Maryland; (2) within a 300
foot radius of a fireworks discharge
barge in approximate position latitude
39°16′55″ N, longitude 076°36′17″ W,
located southwest of Pier 6 Inner Harbor
at Baltimore, Maryland; (3) within a 600
foot radius of a fireworks discharge
barge in approximate position latitude
39°16′38″ N, longitude 076°35′55″ W,
located northwest of the Domino Sugar
(ASR Group) refinery wharf at
Baltimore, Maryland; (4) within a 500
foot radius of a fireworks discharge
barge in approximate position latitude
39°16′42″ N, longitude 076°35′30″ W,
located south of the Fells Point
Recreation Pier at Baltimore, Maryland;
(5) within a 500 foot radius of a
fireworks discharge barge in
approximate position latitude 39°16′28″
N, longitude 076°34′59″ W, located
north of the North Locust Point Marine
Terminal at Baltimore, Maryland; (6)
within a 600 foot radius of a fireworks
discharge barge in approximate position
latitude 39°16′15″ N, longitude
076°34′38″ W, located south of the
Northwest Harbor Turning Basin at
Baltimore, Maryland; and (7) within a
800 foot radius of each of the fireworks
discharge barges arranged in a line
between approximate position latitude
39°15′47″ N, longitude 076°34′30″ W,
and approximate position latitude
39°15′40″ N, longitude 076°34′37″ W,
located along the Northwest Harbor
(East Channel) at Baltimore, Maryland.
The temporary safety zone will be
enforced from 7:00 p.m. to 10 p.m. on
September 12, 2014, and from 7:30 p.m.
to 11 p.m. on September 13, 2014, and
if necessary due to inclement weather,
from 7:30 p.m. to 11 p.m. on September
14, 2014. The effect of this 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.
This rule requires that entry into or
remaining in this safety zone is
prohibited unless authorized by the
Coast Guard Captain of the Port
Baltimore. All vessels underway within
this safety zone at the time it is
implemented are to depart the zone. To
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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.
The Coast Guard also proposes to
establish special local regulations on
specified waters of the Patapsco River
by which spectator vessels may observe
the Star-Spangled Spectacular
Fireworks on September 13, 2014. This
action is necessary to ensure the safety
of participants and spectators
immediately prior to, during, and
following the Star-Spangled Spectacular
Fireworks. The regulations will be
enforced from 7:30 p.m. to 11 p.m. on
September 13, 2014, and if necessary
due to inclement weather, from 7:30
p.m. to 11 p.m. on September 14, 2014.
The proposed regulated area extends
across the entire width of the waterway
and will encompass all waters of the
Patapsco River, bounded on the east by
a line drawn from position latitude
39°15′42″ N, longitude 076°34′48″ W,
thence to position latitude 39°15′29″ N,
longitude 076°34′34″ W, thence to
position latitude 39°15′36″ N, longitude
076°34′12″ W, and bounded on the west
by the Inner Harbor western bulkhead,
located at Baltimore, MD. Designated
spectator areas and an event area exist
within this regulated area. Three
designated spectator areas, where all
vessels are prohibited from transiting in
excess of wake speed unless authorized
by the Captain of the Port Baltimore or
his designated representative and
persons and vessels may enter, transit
through, anchor in, or remain within,
include: (a) All waters of the Patapsco
River, within lines connecting the
following positions: From latitude
39°16′40″ N, longitude 076°35′10″ W,
thence northeasterly to latitude
39°16′45″ N, longitude 076°35′04″ W,
thence southeasterly to latitude
39°16′41″ N, longitude 076°34′57″ W,
thence northeasterly to latitude
39°16′45″ N, longitude 076°34′50″ W,
thence southerly to latitude 39°16′38″ N,
longitude 076°34′50″ W, thence
southwesterly to latitude 39°16′34″ N,
longitude 076°34′55″ W, thence
northwesterly to the position of origin.
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This spectator area is to be used by
commercial vessels only; (b) All waters
of the Patapsco River, within lines
connecting the following positions:
From latitude 39°16′27″ N, longitude
076°34′41″ W, thence northerly to
latitude 39°16′37″ N, longitude
076°34′37″ W, thence easterly to latitude
39°16′35″ N, longitude 076°34′16″ W,
thence southerly to latitude 39°16′18″ N,
longitude 076°34′21″ W, thence westerly
to the position of origin. This spectator
area is to be used by recreational vessels
only; and (c) All waters of the Patapsco
River, within lines connecting the
following positions: From latitude
39°16′53″ N, longitude 076°36′10″ W,
thence southerly to latitude 39°16′49″ N,
longitude 076°36′17″ W, thence easterly
to latitude 39°16′35″ N, longitude
076°36′04″ W, thence northerly to
latitude 39°16′48″ N, longitude
076°36′02″ W, thence westerly to the
position of origin. This spectator area is
to be used by both commercial and
recreational vessels. The event area,
where all persons and vessels, except
those persons and vessels participating
in the event, are prohibited from
entering, transiting through, anchoring
in, or remaining within, includes all
waters of the Patapsco River, within the
regulated area, excluding the designated
spectator areas.
The effect of this proposed rule will
be to restrict general navigation in the
regulated area during the event. Vessels
intending to transit the Patapsco River
through the regulated area will be
allowed to safely transit the regulated
area only when the Coast Guard Patrol
Commander has deemed it safe to do so.
The Coast Guard will restrict vessel
traffic in the event area to provide for
the safety of participants, spectators and
other transiting vessels. The Coast
Guard will provide notice of the special
local regulations by Local Notice to
Mariners, Broadcast Notice to Mariners,
and the official patrol on scene.
The regulations contained within this
proposed rule are not intended to effect
existing Naval Vessel Protection Zone
regulations described in Title 33 CFR
Part 165 (Subpart G).
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
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43329
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.
The economic impact of this rule is
not significant for the following reasons:
The primary impact of these regulations
will be on vessels wishing to transit the
affected waterways during activities
associated with the Star-Spangled
Spectacular fireworks display beginning
on September 12, 2014 and ending on
September 14, 2014. Although these
regulations prevent traffic from
transiting a portion of the Patapsco
River during this event, that restriction
is limited in duration, affects only a
limited area, and will be well publicized
to allow mariners to make alternative
plans for transiting the affected area.
Moreover, the magnitude of the event
itself will severely hamper or prevent
transit of the waterway, even absent
these regulations designed to ensure it
is conducted in a safe and orderly
fashion.
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 rule may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within
that portion of the Patapsco River
encompassed within the special local
regulations from 7:30 p.m. on
September 13, 2014 to 11 p.m. on
September 14, 2014 and encompassed
within the safety zone from 7 p.m. on
September 12, 2014 to 11 p.m. on
September 14, 2014. For the reasons
discussed in the Regulatory Planning
and Review section above, this rule will
not have a significant economic impact
on a substantial number of small
entities.
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.
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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.
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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.
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
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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 special
local regulations issued in conjunction
with a regatta or marine parade. This
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rule is categorically excluded from
further review under paragraph 34(h) 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.
Additionally, this proposed rule
involves establishing a temporary safety
zone for a fireworks display. The
fireworks are launched from navigable
waters of the United States and may
have potential for negative impact on
the safety or other interest of waterway
users and near shore activities in the
event area. The activity includes
fireworks launched from barges near the
shoreline that generally rely on the use
of navigable waters as a safety buffer to
protect the public from fireworks
fallouts and premature detonations.
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
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
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 parts 100 and 165 as
follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary section, § 100.35–
T05–0541 to read as follows:
■
§ 100.35–T05–0541 Special Local
Regulations for Marine Events, Patapsco
River; Baltimore, MD.
(a) Regulated areas. The following
regulated areas are established as
special local regulations. All
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coordinates are North American Datum
1983.
(1) Regulated area. The following
location is a regulated area: All waters
of the Patapsco River, bounded on the
east by a line drawn from position
latitude 39°15′42″ N, longitude
076°34′48″ W, thence to position
latitude 39°15′29″ N, longitude
076°34′34″ W, thence to position
latitude 39°15′36″ N, longitude
076°34′12″ W, and bounded on the west
by the Inner Harbor’s western bulkhead,
located at Baltimore, MD.
(2) Designated spectator areas. The
following locations are spectator areas
within the regulated area:
(i) All waters of the Patapsco River,
within lines connecting the following
positions: From latitude 39°16′40″ N,
longitude 076°35′10″ W, thence
northeasterly to latitude 39°16′45″ N,
longitude 076°35′04″ W, thence
southeasterly to latitude 39°16′41″ N,
longitude 076°34′57″ W, thence
northeasterly to latitude 39°16′45″ N,
longitude 076°34′50″ W, thence
southerly to latitude 39°16′38″ N,
longitude 076°34′50″ W, thence
southwesterly to latitude 39°16′34″ N,
longitude 076°34′55″ W, thence
northwesterly to the position of origin.
(ii) All waters of the Patapsco River,
within lines connecting the following
positions: From latitude 39°16′27″ N,
longitude 076°34′41″ W, thence
northerly to latitude 39°16′37″ N,
longitude 076°34′37″ W, thence easterly
to latitude 39°16′35″ N, longitude
076°34′16″ W, thence southerly to
latitude 39°16′18″ N, longitude
076°34′21″ W, thence westerly to the
position of origin.
(iii) All waters of the Patapsco River,
within lines connecting the following
positions: From latitude 39°16′53″ N,
longitude 076°36′10″ W, thence
southerly to latitude 39°16′49″ N,
longitude 076°36′17″ W, thence easterly
to latitude 39°16′35″ N, longitude
076°36′04″ W, thence northerly to
latitude 39°16′48″ N, longitude
076°36′02″ W, thence westerly to the
position of origin.
(3) Event area. All waters of the
Patapsco River, within the regulated
area, excluding the designated spectator
areas as described in paragraph (a)(2) of
this section.
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U. S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
VerDate Mar<15>2010
18:28 Jul 24, 2014
Jkt 232001
on board and displaying a Coast Guard
ensign.
(3) Participant means all persons and
vessels participating in the StarSpangled Spectacular Fireworks event
under the auspices of the Marine Event
Permit issued to the event sponsor and
approved by Commander, Coast Guard
Sector Baltimore.
(4) Spectator means all persons and
vessels not registered with the event
sponsor as participants or official patrol.
(c) Special local regulations: (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels and persons in the regulated
area. When hailed or signaled by an
official patrol, a vessel or person in the
regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(2) The Coast Guard Patrol
Commander may terminate the event, or
the operation of any participant in the
event, at any time it is deemed
necessary for the protection of life or
property. The Coast Guard may be
assisted in the patrol and enforcement
of the regulated area by other Federal,
State, and local agencies.
(3) All Coast Guard vessels enforcing
this regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz).
(4) Only participants and official
patrol are allowed to enter the event
area as described in Paragraph a(3) of
this section.
(5) Spectators are allowed inside the
regulated area only if they remain
within the designated spectator area.
Recreational vessels spectators will be
permitted to anchor only within the
designated spectator areas described in
paragraph (a)(2)(i) and (a)(2)(iii) of this
section. Commercial vessels spectators
will be permitted to anchor only within
the designated spectator areas described
in paragraph (a)(2)(ii) and (a)(2)(iii) of
this section. No vessel may anchor
within the regulated area outside the
designated spectator areas. Spectators
may contact the Coast Guard Patrol
Commander to request permission to
pass through the regulated area. If
permission is granted, spectators shall
comply with the directions given and
must pass directly through the regulated
area, outside the event area, at a safe
speed and without loitering.
(6) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
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43331
(d) Enforcement period: This section
will be enforced from 7:30 p.m. to 11
p.m. on September 13, 2014, and if
necessary due to inclement weather,
from 7:30 p.m. to 11 p.m. on September
14, 2014.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
3. 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.
4. Add temporary § 165.T05–0541 to
read as follows:
■
§ 165.T05–0541 Safety Zone, Patapsco
River; Baltimore, MD.
(a) Location. The following areas are
a safety zone:
(1) All waters of the Patapsco River,
within a 150 foot radius of a fireworks
discharge barge in approximate position
latitude 39°17′03″ N, longitude
076°36′36″ W, located southeast of Pier
1 Inner Harbor at Baltimore, Maryland;
(2) All waters of the Patapsco River,
within a 300 foot radius of a fireworks
discharge barge in approximate position
latitude 39°16′55″ N, longitude
076°36′17″ W, located southwest of Pier
6 Inner Harbor at Baltimore, Maryland;
(3) All waters of the Patapsco River,
within a 600 foot radius of a fireworks
discharge barge in approximate position
latitude 39°16′38″ N, longitude
076°35′55″ W, located northwest of the
Domino Sugar (ASR Group) refinery
wharf at Baltimore, Maryland;
(4) All waters of the Patapsco River,
within a 500 foot radius of a fireworks
discharge barge in approximate position
latitude 39°16′42″ N, longitude
076°35′30″ W, located south of the Fells
Point Recreation Pier at Baltimore,
Maryland;
(5) All waters of the Patapsco River,
within a 500 foot radius of a fireworks
discharge barge in approximate position
latitude 39°16′28″ N, longitude
076°34′59″ W, located north of the
North Locust Point Marine Terminal at
Baltimore, Maryland;
(6) All waters of the Patapsco River,
within a 600 foot radius of a fireworks
discharge barge in approximate position
latitude 39°16′15″ N, longitude
076°34′38″ W, located south of the
Northwest Harbor Turning Basin at
Baltimore, Maryland; and
(7) All waters of the Patapsco River,
within a 800 foot radius of each of the
fireworks discharge barges arranged in a
line between approximate position
latitude 39°15′47″ N, longitude
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emcdonald on DSK67QTVN1PROD with PROPOSALS
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Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Proposed Rules
076°34′30″ W, and approximate position
latitude 39°15′40″ N, longitude
076°34′37″ W, located in the Northwest
Harbor (East Channel) at Baltimore,
Maryland. 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, § 165.T05–
0541.
(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 or his designated
representative.
(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 or his designated
representative 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) Enforcement periods. This section
will be enforced:
(1) From 7 p.m. to 10 p.m. on
September 12, 2014, and
(2) From 7:30 p.m. to 11 p.m. on
September 13, 2014, and if necessary
due to inclement weather, from 7:30
p.m. to 11 p.m. on September 14, 2014.
VerDate Mar<15>2010
18:28 Jul 24, 2014
Jkt 232001
Dated: July 10, 2014.
K. C. Kiefer,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2014–17444 Filed 7–24–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0214]
RIN 1625–AA11
Regulated Navigation Area; South
Bristol Gut Bridge Replacement, South
Bristol, ME
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Maine Department of
Transportation (MEDOT) has requested
the Coast Guard to establish a regulated
navigation area (RNA) on the navigable
waters of The Gut in South Bristol,
Maine. Sector Northern New England
received notice of a proposed
replacement of The Gut Bridge in South
Bristol, Maine between Rutherford
Island and Bristol Neck. A Bridge
Permit was awarded to MEDOT on April
15, 2014 to begin in accordance with
plans dated September 24, 2013. This
RNA would allow the Coast Guard to
enforce speed and wake restrictions and
prohibit all vessel traffic through the
RNA during bridge replacement
operations, both planned and
unforeseen, which could pose an
imminent hazard to persons and vessels
operating in the area. This rule is
necessary to provide for the safety of life
on the navigable waters during bridge
structural repair operations.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 25, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) 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
SUMMARY:
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
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
Lieutenant Junior Grade Elizabeth V.
Gunn, Waterways Management Division
at Coast Guard Sector Northern New
England, at 207–767–0398 or email at
Elizabeth.V.Gunn@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl
Collins, 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 https://
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 https://
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
https://www.regulations.gov, type the
docket number [USCG–2013–0214] 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
E:\FR\FM\25JYP1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Proposed Rules]
[Pages 43327-43332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17444]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG-2014-0541]
RIN 1625-AA08, AA00
Special Local Regulations for Marine Events and Safety Zone,
Patapsco River; Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish temporary regulations in
certain waters of the Patapsco River. This action is necessary to
provide for the safety of life on navigable waters before, during, and
after the Star-Spangled Spectacular Fireworks scheduled as part of War
of 1812 Bicentennial Commemorations activities at Baltimore, Maryland
during September 6-16, 2014. This action will restrict vessel traffic
in portions of the Patapsco River, including the Northwest Harbor and
Baltimore's Inner Harbor.
DATES: Comments and related material must be received by the Coast
Guard on or before August 25, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) 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 Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone 410-576-2674, email Ronald.L.Houck@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, 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 https://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
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a
[[Page 43328]]
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 https://www.regulations.gov,
type the docket number [USCG-2014-0541] 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 https://www.regulations.gov,
type the docket number (USCG-2014-0138) 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).
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 fireworks display associated with a televised
event that will take place in Baltimore, Maryland, on September 13,
2014 and will attract thousands of spectators. The launch sites for the
fireworks display are from discharge barges located in the Patapsco
River. The permanent safety zones listed in the Table to 33 CFR 165.506
do not apply to this event.
This rule also involves designated on-water spectator areas
associated with the fireworks display. The current regulations under 33
CFR part 100 address safety for reoccurring marine events. This marine
event does not appear in the current regulations; however, as it is a
regulation to provide effective control over regattas and marine
parades on the navigable waters of the United States so as to insure
safety of life in the regatta or marine parade area, this marine event
therefore needs to be temporarily added.
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States for designated on-water spectator areas established in support
of the Star-Spangled Spectacular Fireworks event.
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
The Baltimore Office of Promotion and The Arts, of Baltimore, MD,
will sponsor a large fireworks display launched from barges located at
seven locations in the Patapsco River at Baltimore, Maryland, scheduled
on September 13, 2014 at 9 p.m. A rehearsal of the fireworks show is
planned on September 12, 2014 at 9 p.m. If necessary due to inclement
weather, the event will be held on September 14, 2014.
Through this regulation, the Coast Guard proposes to establish a
safety zone. The safety zone will encompass all waters of the Patapsco
River, as follows: (1) Within a 150 foot radius of a fireworks
discharge barge in approximate position latitude 39[deg]17'03'' N,
longitude 076[deg]36'36'' W, located southeast of Pier 1 Inner Harbor
at Baltimore, Maryland; (2) within a 300 foot radius of a fireworks
discharge barge in approximate position latitude 39[deg]16'55'' N,
longitude 076[deg]36'17'' W, located southwest of Pier 6 Inner Harbor
at Baltimore, Maryland; (3) within a 600 foot radius of a fireworks
discharge barge in approximate position latitude 39[deg]16'38'' N,
longitude 076[deg]35'55'' W, located northwest of the Domino Sugar (ASR
Group) refinery wharf at Baltimore, Maryland; (4) within a 500 foot
radius of a fireworks discharge barge in approximate position latitude
39[deg]16'42'' N, longitude 076[deg]35'30'' W, located south of the
Fells Point Recreation Pier at Baltimore, Maryland; (5) within a 500
foot radius of a fireworks discharge barge in approximate position
latitude 39[deg]16'28'' N, longitude 076[deg]34'59'' W, located north
of the North Locust Point Marine Terminal at Baltimore, Maryland; (6)
within a 600 foot radius of a fireworks discharge barge in approximate
position latitude 39[deg]16'15'' N, longitude 076[deg]34'38'' W,
located south of the Northwest Harbor Turning Basin at Baltimore,
Maryland; and (7) within a 800 foot radius of each of the fireworks
discharge barges arranged in a line between approximate position
latitude 39[deg]15'47'' N, longitude 076[deg]34'30'' W, and approximate
position latitude 39[deg]15'40'' N, longitude 076[deg]34'37'' W,
located along the Northwest Harbor (East Channel) at Baltimore,
Maryland. The temporary safety zone will be enforced from 7:00 p.m. to
10 p.m. on September 12, 2014, and from 7:30 p.m. to 11 p.m. on
September 13, 2014, and if necessary due to inclement weather, from
7:30 p.m. to 11 p.m. on September 14, 2014. The effect of this 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.
This rule requires that entry into or remaining in this safety zone
is prohibited unless authorized by the Coast Guard Captain of the Port
Baltimore. All vessels underway within this safety zone at the time it
is implemented are to depart the zone. To
[[Page 43329]]
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.
The Coast Guard also proposes to establish special local
regulations on specified waters of the Patapsco River by which
spectator vessels may observe the Star-Spangled Spectacular Fireworks
on September 13, 2014. This action is necessary to ensure the safety of
participants and spectators immediately prior to, during, and following
the Star-Spangled Spectacular Fireworks. The regulations will be
enforced from 7:30 p.m. to 11 p.m. on September 13, 2014, and if
necessary due to inclement weather, from 7:30 p.m. to 11 p.m. on
September 14, 2014. The proposed regulated area extends across the
entire width of the waterway and will encompass all waters of the
Patapsco River, bounded on the east by a line drawn from position
latitude 39[deg]15'42'' N, longitude 076[deg]34'48'' W, thence to
position latitude 39[deg]15'29'' N, longitude 076[deg]34'34'' W, thence
to position latitude 39[deg]15'36'' N, longitude 076[deg]34'12'' W, and
bounded on the west by the Inner Harbor western bulkhead, located at
Baltimore, MD. Designated spectator areas and an event area exist
within this regulated area. Three designated spectator areas, where all
vessels are prohibited from transiting in excess of wake speed unless
authorized by the Captain of the Port Baltimore or his designated
representative and persons and vessels may enter, transit through,
anchor in, or remain within, include: (a) All waters of the Patapsco
River, within lines connecting the following positions: From latitude
39[deg]16'40'' N, longitude 076[deg]35'10'' W, thence northeasterly to
latitude 39[deg]16'45'' N, longitude 076[deg]35'04'' W, thence
southeasterly to latitude 39[deg]16'41'' N, longitude 076[deg]34'57''
W, thence northeasterly to latitude 39[deg]16'45'' N, longitude
076[deg]34'50'' W, thence southerly to latitude 39[deg]16'38'' N,
longitude 076[deg]34'50'' W, thence southwesterly to latitude
39[deg]16'34'' N, longitude 076[deg]34'55'' W, thence northwesterly to
the position of origin. This spectator area is to be used by commercial
vessels only; (b) All waters of the Patapsco River, within lines
connecting the following positions: From latitude 39[deg]16'27'' N,
longitude 076[deg]34'41'' W, thence northerly to latitude
39[deg]16'37'' N, longitude 076[deg]34'37'' W, thence easterly to
latitude 39[deg]16'35'' N, longitude 076[deg]34'16'' W, thence
southerly to latitude 39[deg]16'18'' N, longitude 076[deg]34'21'' W,
thence westerly to the position of origin. This spectator area is to be
used by recreational vessels only; and (c) All waters of the Patapsco
River, within lines connecting the following positions: From latitude
39[deg]16'53'' N, longitude 076[deg]36'10'' W, thence southerly to
latitude 39[deg]16'49'' N, longitude 076[deg]36'17'' W, thence easterly
to latitude 39[deg]16'35'' N, longitude 076[deg]36'04'' W, thence
northerly to latitude 39[deg]16'48'' N, longitude 076[deg]36'02'' W,
thence westerly to the position of origin. This spectator area is to be
used by both commercial and recreational vessels. The event area, where
all persons and vessels, except those persons and vessels participating
in the event, are prohibited from entering, transiting through,
anchoring in, or remaining within, includes all waters of the Patapsco
River, within the regulated area, excluding the designated spectator
areas.
The effect of this proposed rule will be to restrict general
navigation in the regulated area during the event. Vessels intending to
transit the Patapsco River through the regulated area will be allowed
to safely transit the regulated area only when the Coast Guard Patrol
Commander has deemed it safe to do so. The Coast Guard will restrict
vessel traffic in the event area to provide for the safety of
participants, spectators and other transiting vessels. The Coast Guard
will provide notice of the special local regulations by Local Notice to
Mariners, Broadcast Notice to Mariners, and the official patrol on
scene.
The regulations contained within this proposed rule are not
intended to effect existing Naval Vessel Protection Zone regulations
described in Title 33 CFR Part 165 (Subpart G).
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.
The economic impact of this rule is not significant for the
following reasons: The primary impact of these regulations will be on
vessels wishing to transit the affected waterways during activities
associated with the Star-Spangled Spectacular fireworks display
beginning on September 12, 2014 and ending on September 14, 2014.
Although these regulations prevent traffic from transiting a portion of
the Patapsco River during this event, that restriction is limited in
duration, affects only a limited area, and will be well publicized to
allow mariners to make alternative plans for transiting the affected
area. Moreover, the magnitude of the event itself will severely hamper
or prevent transit of the waterway, even absent these regulations
designed to ensure it is conducted in a safe and orderly fashion.
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 rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of the
Patapsco River encompassed within the special local regulations from
7:30 p.m. on September 13, 2014 to 11 p.m. on September 14, 2014 and
encompassed within the safety zone from 7 p.m. on September 12, 2014 to
11 p.m. on September 14, 2014. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
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.
[[Page 43330]]
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 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 special local regulations issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph 34(h) 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.
Additionally, this proposed rule involves establishing a temporary
safety zone for a fireworks display. The fireworks are launched from
navigable waters of the United States and may have potential for
negative impact on the safety or other interest of waterway users and
near shore activities in the event area. The activity includes
fireworks launched from barges near the shoreline that generally rely
on the use of navigable waters as a safety buffer to protect the public
from fireworks fallouts and premature detonations. 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
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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 parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary section, Sec. 100.35-T05-0541 to read as follows:
Sec. 100.35-T05-0541 Special Local Regulations for Marine Events,
Patapsco River; Baltimore, MD.
(a) Regulated areas. The following regulated areas are established
as special local regulations. All
[[Page 43331]]
coordinates are North American Datum 1983.
(1) Regulated area. The following location is a regulated area: All
waters of the Patapsco River, bounded on the east by a line drawn from
position latitude 39[deg]15'42'' N, longitude 076[deg]34'48'' W, thence
to position latitude 39[deg]15'29'' N, longitude 076[deg]34'34'' W,
thence to position latitude 39[deg]15'36'' N, longitude 076[deg]34'12''
W, and bounded on the west by the Inner Harbor's western bulkhead,
located at Baltimore, MD.
(2) Designated spectator areas. The following locations are
spectator areas within the regulated area:
(i) All waters of the Patapsco River, within lines connecting the
following positions: From latitude 39[deg]16'40'' N, longitude
076[deg]35'10'' W, thence northeasterly to latitude 39[deg]16'45'' N,
longitude 076[deg]35'04'' W, thence southeasterly to latitude
39[deg]16'41'' N, longitude 076[deg]34'57'' W, thence northeasterly to
latitude 39[deg]16'45'' N, longitude 076[deg]34'50'' W, thence
southerly to latitude 39[deg]16'38'' N, longitude 076[deg]34'50'' W,
thence southwesterly to latitude 39[deg]16'34'' N, longitude
076[deg]34'55'' W, thence northwesterly to the position of origin.
(ii) All waters of the Patapsco River, within lines connecting the
following positions: From latitude 39[deg]16'27'' N, longitude
076[deg]34'41'' W, thence northerly to latitude 39[deg]16'37'' N,
longitude 076[deg]34'37'' W, thence easterly to latitude 39[deg]16'35''
N, longitude 076[deg]34'16'' W, thence southerly to latitude
39[deg]16'18'' N, longitude 076[deg]34'21'' W, thence westerly to the
position of origin.
(iii) All waters of the Patapsco River, within lines connecting the
following positions: From latitude 39[deg]16'53'' N, longitude
076[deg]36'10'' W, thence southerly to latitude 39[deg]16'49'' N,
longitude 076[deg]36'17'' W, thence easterly to latitude 39[deg]16'35''
N, longitude 076[deg]36'04'' W, thence northerly to latitude
39[deg]16'48'' N, longitude 076[deg]36'02'' W, thence westerly to the
position of origin.
(3) Event area. All waters of the Patapsco River, within the
regulated area, excluding the designated spectator areas as described
in paragraph (a)(2) of this section.
(b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U. S. Coast Guard who
has been designated by the Commander, Coast Guard Sector Baltimore.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
(3) Participant means all persons and vessels participating in the
Star-Spangled Spectacular Fireworks event under the auspices of the
Marine Event Permit issued to the event sponsor and approved by
Commander, Coast Guard Sector Baltimore.
(4) Spectator means all persons and vessels not registered with the
event sponsor as participants or official patrol.
(c) Special local regulations: (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons in the
regulated area. When hailed or signaled by an official patrol, a vessel
or person in the regulated area shall immediately comply with the
directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(2) The Coast Guard Patrol Commander may terminate the event, or
the operation of any participant in the event, at any time it is deemed
necessary for the protection of life or property. The Coast Guard may
be assisted in the patrol and enforcement of the regulated area by
other Federal, State, and local agencies.
(3) All Coast Guard vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
(4) Only participants and official patrol are allowed to enter the
event area as described in Paragraph a(3) of this section.
(5) Spectators are allowed inside the regulated area only if they
remain within the designated spectator area. Recreational vessels
spectators will be permitted to anchor only within the designated
spectator areas described in paragraph (a)(2)(i) and (a)(2)(iii) of
this section. Commercial vessels spectators will be permitted to anchor
only within the designated spectator areas described in paragraph
(a)(2)(ii) and (a)(2)(iii) of this section. No vessel may anchor within
the regulated area outside the designated spectator areas. Spectators
may contact the Coast Guard Patrol Commander to request permission to
pass through the regulated area. If permission is granted, spectators
shall comply with the directions given and must pass directly through
the regulated area, outside the event area, at a safe speed and without
loitering.
(6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
(d) Enforcement period: This section will be enforced from 7:30
p.m. to 11 p.m. on September 13, 2014, and if necessary due to
inclement weather, from 7:30 p.m. to 11 p.m. on September 14, 2014.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. 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.
0
4. Add temporary Sec. 165.T05-0541 to read as follows:
Sec. 165.T05-0541 Safety Zone, Patapsco River; Baltimore, MD.
(a) Location. The following areas are a safety zone:
(1) All waters of the Patapsco River, within a 150 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]17'03'' N, longitude 076[deg]36'36'' W, located southeast of
Pier 1 Inner Harbor at Baltimore, Maryland;
(2) All waters of the Patapsco River, within a 300 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]16'55'' N, longitude 076[deg]36'17'' W, located southwest of
Pier 6 Inner Harbor at Baltimore, Maryland;
(3) All waters of the Patapsco River, within a 600 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]16'38'' N, longitude 076[deg]35'55'' W, located northwest of the
Domino Sugar (ASR Group) refinery wharf at Baltimore, Maryland;
(4) All waters of the Patapsco River, within a 500 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]16'42'' N, longitude 076[deg]35'30'' W, located south of the
Fells Point Recreation Pier at Baltimore, Maryland;
(5) All waters of the Patapsco River, within a 500 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]16'28'' N, longitude 076[deg]34'59'' W, located north of the
North Locust Point Marine Terminal at Baltimore, Maryland;
(6) All waters of the Patapsco River, within a 600 foot radius of a
fireworks discharge barge in approximate position latitude
39[deg]16'15'' N, longitude 076[deg]34'38'' W, located south of the
Northwest Harbor Turning Basin at Baltimore, Maryland; and
(7) All waters of the Patapsco River, within a 800 foot radius of
each of the fireworks discharge barges arranged in a line between
approximate position latitude 39[deg]15'47'' N, longitude
[[Page 43332]]
076[deg]34'30'' W, and approximate position latitude 39[deg]15'40'' N,
longitude 076[deg]34'37'' W, located in the Northwest Harbor (East
Channel) at Baltimore, Maryland. 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.T05-0541.
(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 or his
designated representative.
(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 or his designated representative 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) Enforcement periods. This section will be enforced:
(1) From 7 p.m. to 10 p.m. on September 12, 2014, and
(2) From 7:30 p.m. to 11 p.m. on September 13, 2014, and if
necessary due to inclement weather, from 7:30 p.m. to 11 p.m. on
September 14, 2014.
Dated: July 10, 2014.
K. C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-17444 Filed 7-24-14; 8:45 am]
BILLING CODE 9110-04-P
