Safety Zone for Fireworks Display, Patapsco River, Inner Harbor; Baltimore, MD, 26511-26514 [2015-11190]
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Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules
(5) Ensures that challengers are not
subject to retribution for bringing such
challenges.
(c) Until the challenge is resolved,
continue to safeguard and disseminate
the challenged CUI at the control level
indicated in the markings.
(d) If a challenging party disagrees
with the response to their challenge,
that party may use the Dispute
Resolution procedures described in
§ 2002.23 of this part.
§ 2002.23
Dispute resolution.
(a) All parties to a dispute arising
from implementation or interpretation
of the Order, this part, or the CUI
Registry should make every effort to
resolve the dispute expeditiously.
Disputes should be resolved within a
reasonable, mutually acceptable time
period, taking into consideration the
mission, sharing, and protection
requirements of the parties concerned.
(b) If parties to a dispute cannot reach
a mutually acceptable resolution, either
party may refer the matter to the CUI
Executive Agent.
(c) The CUI Executive Agent is the
impartial arbiter of the dispute and has
the authority to render a decision on the
dispute after consultation with all
affected parties, unless laws,
regulations, or Government-wide
policies otherwise specifically govern
requirements for the involved category
or subcategory of information. If a party
to the dispute is also a member of the
Intelligence Community, the CUI
Executive Agent must consult with the
Office of the Director of National
Intelligence beginning when the CUI
Executive Agent receives the dispute for
resolution.
(d) Until the dispute is resolved,
continue to safeguard and disseminate
any disputed CUI at the control level
indicated in the markings.
(e) Per section 4(e) of the Order,
parties may appeal the CUI Executive
Agent’s decision through the Director of
OMB to the President for resolution.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
§ 2002.24
Misuse of CUI.
(a) CUI senior agency officials
establish agency processes and criteria
for reporting and investigating misuse of
CUI.
(b) The CUI Executive Agent reports
findings on any incident involving
misuse of CUI to the offending agency’s
CUI senior agency official or CUI
Program manager for action, as
appropriate.
§ 2002.25
Sanctions for misuse of CUI.
(a) To the extent that agency heads are
otherwise authorized to take
administrative action against agency
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personnel who misuse CUI, agency CUI
policy governing misuse should reflect
that authority.
(b) Where laws, regulations, or
Government-wide policies governing
certain categories or subcategories of
CUI specifically establishes sanctions,
agencies must adhere to such sanctions.
§ 2002.26
Transferring records.
(a) When feasible, agencies must
decontrol records containing CUI prior
to transferring them to NARA.
(b) When an agency cannot decontrol
records before transferring them to
NARA, the agency must:
(1) Indicate on a Transfer Request
(TR) in NARA’s Electronic Records
Archives (ERA) or on an SF 258 paper
transfer form, that the records should
continue to be controlled as CUI (subject
to NARA’s regulations on transfer,
public availability, and access; see 36
CFR parts 1235, 1250, and 1256); and
(2) For hard copy transfer, place the
appropriate CUI marking on the outside
of the container to indicate that it
contains information designated as CUI.
(c) If the agency does not indicate the
CUI status on both the container and the
TR or SF 258, NARA may assume the
information was decontrolled prior to
transfer, regardless of any CUI markings
on the actual records.
§ 2002.27 CUI and the Freedom of
Information Act (FOIA).
(a) The mere fact that information is
designated as CUI has no bearing on
determinations pursuant to any law
requiring the disclosure of information
or permitting disclosure as a matter of
discretion.
(b) Accordingly, agencies must ensure
that:
(1) They do not cite the FOIA as a CUI
safeguarding or disseminating control
authority for CUI; and
(2) Agency FOIA reviewers use FOIA
release standards and exemptions to
determine whether or not to release
records in response to a FOIA request;
they do not use CUI markings and
designations as a dispositive factor in
making a FOIA disclosure
determination.
§ 2002.28
CUI and the Privacy Act.
The fact that records are subject to the
Privacy Act of 1974 does not mean that
agencies must mark them as CUI.
Consult agency guidance to determine
which records may be subject to the
Privacy Act. However, information
contained in Privacy Act systems of
records may be subject to controls under
other CUI categories or subcategories
and the agency may need to mark that
information as CUI for that reason.
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Dated: April 27, 2015.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2015–10260 Filed 5–7–15; 8:45 am]
BILLING CODE 7515–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0315]
RIN 1625–AA00
Safety Zone for Fireworks Display,
Patapsco River, Inner Harbor;
Baltimore, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone
encompassing certain waters of the
Patapsco River. This action is necessary
to provide for the safety of life on
navigable waters during a fireworks
display launched from a barge located
within the Inner Harbor at Baltimore,
MD, on July 2, 2015. This safety zone is
intended to protect the maritime public
in a portion of the Patapsco River.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 15, 2015.
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, Sector
Baltimore Waterways Management
Division, Coast Guard; telephone 410–
576–2674, email Ronald.L.Houck@
uscg.mil. If you have questions on
SUMMARY:
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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.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
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–2015–0315] 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.
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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–2015–0315) 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 an event that will take
place in Baltimore, MD, on July 2, 2015.
The launch site for the fireworks display
is from a discharge barge located in the
Patapsco River. The permanent safety
zones listed in the Table to 33 CFR
165.506 do not apply to this event.
C. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231; 33 CFR
1.05–1 and 160.5; and Department of
Homeland Security Delegation No.
0170.1., which collectively authorize
the Coast Guard to propose, establish,
and define regulatory safety zones.
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
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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
Under Armour will sponsor a
fireworks display launched from a barge
located in the Inner Harbor in
Baltimore, MD, scheduled on July 2,
2015 at approximately 9:30 p.m.
Through this regulation, the Coast
Guard proposes to establish a temporary
safety zone. The proposed zone will
encompass all waters of the Patapsco
River, within a 300 yards radius of a
fireworks discharge barge in
approximate position latitude 39°16′56″
N, longitude 076°36′19″ W, located in
the Inner Harbor at Baltimore,
Maryland, MD. The temporary safety
zone will be enforced from 8:30 p.m.
through 10:30 p.m. on July 2, 2015.
The effect of this temporary safety
zone will be to restrict navigation in the
regulated area immediately before,
during, and immediately after the
fireworks display. Vessels will be
allowed to transit the waters of the
Patapsco River outside the safety zone.
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
seek permission to transit the area of the
safety zone, the Captain of the Port
Baltimore can be contacted at telephone
number 410–576–2693 or on Marine
Band Radio VHF–FM channel 16 (156.8
MHz). Coast Guard vessels enforcing the
safety zone can be contacted on Marine
Band Radio VHF–FM channel 16 (156.8
MHz). Federal, state, and local agencies
may assist the Coast Guard in the
enforcement of the safety zone. The
Coast Guard will issue notices to the
maritime community to further
publicize the safety zone and notify the
public of changes in the status of the
zone. Such notices will continue until
the event is complete.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
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Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
Although this regulation would
restrict access to this area, the effect of
this proposed rule will not be
significant because: (i) The safety zone
will only be in effect from 8:30 p.m.
through 10:30 p.m. on July 2, 2015, (ii)
the Coast Guard will give advance
notification via maritime advisories so
mariners can adjust their plans
accordingly, and (iii) although the safety
zone will apply to certain portions of
the Inner Harbor, smaller vessel traffic
will be able to transit safely around the
safety zone.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule will affect the
following entities, some of which may
be small entities: The owners or
operators of vessels intending to operate
or transit through or within, or anchor
in, the safety zone during the
enforcement period. This proposed
safety zone will not have a significant
economic impact on a substantial
number of small entities for the reasons
provided under Regulatory Planning
and Review.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
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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.
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9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves establishing a temporary
safety zone for a fireworks display. The
fireworks are launched from navigable
waters of the United States and may
negatively impact the safety or other
interests of waterway users and near
shore activities in the event area. The
activity includes fireworks launched
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Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules
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 in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0315 to read as
follows:
■
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§ 165.T05–0315 Safety Zone for Fireworks
Display, Patapsco River, Inner Harbor;
Baltimore, MD.
(a) Location. The following area is a
safety zone: All waters of the Patapsco
River, within a 300 yards radius of a
fireworks discharge barge in
approximate position latitude 39°16′56″
N, longitude 076°36′19″ W, located in
the Inner Harbor 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.
(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. All vessels underway within
this safety zone at the time it is
implemented are to depart the zone.
(3) Persons desiring to transit the area
of the safety zone must first obtain
authorization from the Captain of the
Port Baltimore or his designated
representative. To seek permission to
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transit the area, the Captain of the Port
Baltimore and his designated
representatives can be contacted at
telephone number 410–576–2693 or on
Marine Band Radio VHF–FM channel
16 (156.8 MHz). The Coast Guard
vessels enforcing this section can be
contacted on Marine Band Radio VHF–
FM channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard
vessel, or other Federal, State, or local
agency vessel, by siren, radio, flashing
light, or other means, the operator of a
vessel shall proceed as directed. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port
Baltimore or his designated
representative and proceed as directed
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 period. This section
will be enforced from 8:30 p.m. through
10:30 p.m. on July 2, 2015.
Dated: April 28, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2015–11190 Filed 5–7–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Table of Acronyms
33 CFR Part 165
[Docket Number USCG–2015–0188]
RIN 1625–AA00
Safety Zones; Misery Challenge,
Manchester Bay, Manchester, MA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone in
Manchester Bay to be enforced during
the Misery Challenge marine event,
which will involve swimmers, kayakers,
and stand-up paddlers. This safety zone
SUMMARY:
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would ensure the protection of the event
participants, support vessels, and
maritime public from the hazards
associated with the event. Vessels will
be prohibited from entering into,
transiting through, mooring, or
anchoring within this safety zone during
periods of enforcement unless
authorized by the Coast Guard Sector
Boston Captain of the Port (COTP) or the
COTP’s designated representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 8, 2015. Requests for
public meetings must be received by the
Coast Guard on or before May 15, 2015.
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, contact
Mr. Mark Cutter, Coast Guard Sector
Boston Waterways Management
Division, telephone 617–223–4000,
email Mark.E.Cutter@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:
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DHS Department of Homeland Security
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
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.
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]]>Agencies
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Proposed Rules]
[Pages 26511-26514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11190]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0315]
RIN 1625-AA00
Safety Zone for Fireworks Display, Patapsco River, Inner Harbor;
Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
encompassing certain waters of the Patapsco River. This action is
necessary to provide for the safety of life on navigable waters during
a fireworks display launched from a barge located within the Inner
Harbor at Baltimore, MD, on July 2, 2015. This safety zone is intended
to protect the maritime public in a portion of the Patapsco River.
DATES: Comments and related material must be received by the Coast
Guard on or before May 15, 2015.
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, Sector Baltimore Waterways Management
Division, Coast Guard; telephone 410-576-2674, email
Ronald.L.Houck@uscg.mil. If you have questions on
[[Page 26512]]
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-2015-0315] 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-2015-0315) 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 an event
that will take place in Baltimore, MD, on July 2, 2015. The launch site
for the fireworks display is from a discharge barge located in the
Patapsco River. The permanent safety zones listed in the Table to 33
CFR 165.506 do not apply to this event.
C. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland
Security Delegation No. 0170.1., which collectively authorize the Coast
Guard to propose, establish, and define regulatory safety zones.
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
Under Armour will sponsor a fireworks display launched from a barge
located in the Inner Harbor in Baltimore, MD, scheduled on July 2, 2015
at approximately 9:30 p.m.
Through this regulation, the Coast Guard proposes to establish a
temporary safety zone. The proposed zone will encompass all waters of
the Patapsco River, within a 300 yards radius of a fireworks discharge
barge in approximate position latitude 39[deg]16'56'' N, longitude
076[deg]36'19'' W, located in the Inner Harbor at Baltimore, Maryland,
MD. The temporary safety zone will be enforced from 8:30 p.m. through
10:30 p.m. on July 2, 2015.
The effect of this temporary safety zone will be to restrict
navigation in the regulated area immediately before, during, and
immediately after the fireworks display. Vessels will be allowed to
transit the waters of the Patapsco River outside the safety zone.
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 seek permission to transit
the area of the safety zone, the Captain of the Port Baltimore can be
contacted at telephone number 410-576-2693 or on Marine Band Radio VHF-
FM channel 16 (156.8 MHz). Coast Guard vessels enforcing the safety
zone can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz). Federal, state, and local agencies may assist the Coast Guard in
the enforcement of the safety zone. The Coast Guard will issue notices
to the maritime community to further publicize the safety zone and
notify the public of changes in the status of the zone. Such notices
will continue until the event is complete.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of
[[Page 26513]]
Executive Order 12866, Regulatory Planning and Review, as supplemented
by Executive Order 13563, Improving Regulation and Regulatory Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of Executive Order 12866 or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders.
Although this regulation would restrict access to this area, the
effect of this proposed rule will not be significant because: (i) The
safety zone will only be in effect from 8:30 p.m. through 10:30 p.m. on
July 2, 2015, (ii) the Coast Guard will give advance notification via
maritime advisories so mariners can adjust their plans accordingly, and
(iii) although the safety zone will apply to certain portions of the
Inner Harbor, smaller vessel traffic will be able to transit safely
around the safety zone.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities. This proposed rule will affect
the following entities, some of which may be small entities: The owners
or operators of vessels intending to operate or transit through or
within, or anchor in, the safety zone during the enforcement period.
This proposed safety zone will not have a significant economic impact
on a substantial number of small entities for the reasons provided
under Regulatory Planning and Review.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing a temporary safety zone for a fireworks display.
The fireworks are launched from navigable waters of the United States
and may negatively impact the safety or other interests of waterway
users and near shore activities in the event area. The activity
includes fireworks launched
[[Page 26514]]
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 in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0315 to read as follows:
Sec. 165.T05-0315 Safety Zone for Fireworks Display, Patapsco River,
Inner Harbor; Baltimore, MD.
(a) Location. The following area is a safety zone: All waters of
the Patapsco River, within a 300 yards radius of a fireworks discharge
barge in approximate position latitude 39[deg]16'56'' N, longitude
076[deg]36'19'' W, located in the Inner Harbor 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.
(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. All
vessels underway within this safety zone at the time it is implemented
are to depart the zone.
(3) Persons desiring to transit the area of the safety zone must
first obtain authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore and his designated representatives
can be contacted at telephone number 410-576-2693 or on Marine Band
Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing
this section can be contacted on Marine Band Radio VHF-FM channel 16
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other
Federal, State, or local agency vessel, by siren, radio, flashing
light, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port Baltimore or his
designated representative and proceed as directed 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 period. This section will be enforced from 8:30
p.m. through 10:30 p.m. on July 2, 2015.
Dated: April 28, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2015-11190 Filed 5-7-15; 8:45 am]
BILLING CODE 9110-04-P
