Special Local Regulations for Marine Events and Safety Zone, Patapsco River; Baltimore, MD, 43327-43332 [2014-17444]

Download as PDF 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). VerDate Mar<15>2010 18:28 Jul 24, 2014 Jkt 232001 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: PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 43327 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: http://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 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 E:\FR\FM\25JYP1.SGM 25JYP1 43328 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Proposed Rules 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–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 http://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 VerDate Mar<15>2010 18:28 Jul 24, 2014 Jkt 232001 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 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 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 E:\FR\FM\25JYP1.SGM 25JYP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Proposed Rules 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. VerDate Mar<15>2010 18:28 Jul 24, 2014 Jkt 232001 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 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 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. E:\FR\FM\25JYP1.SGM 25JYP1 43330 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Proposed Rules 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. emcdonald on DSK67QTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 18:28 Jul 24, 2014 Jkt 232001 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 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 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 E:\FR\FM\25JYP1.SGM 25JYP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Proposed Rules 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. PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 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 E:\FR\FM\25JYP1.SGM 25JYP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 43332 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: http://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 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–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 25JYP1

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]


=======================================================================
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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: http://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 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

[[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 http://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 http://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