Safety Zone for Fireworks Displays; Patapsco River, Inner Harbor, Baltimore, MD, 33713-33715 [2019-14981]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Proposed Rules
Russ Green, Regional
Coordinator, Northeast and Great Lakes
Region, University of WisconsinSheboygan, One University Drive,
Sheboygan, WI 53081.
FOR FURTHER INFORMATION CONTACT: Russ
Green, Regional Coordinator, Northeast
and Great Lakes Region at (920) 459–
4425 or russ.green@noaa.gov.
SUPPLEMENTARY INFORMATION: The
National Marine Sanctuaries Act
(NMSA; 16 U.S.C. 1431 et seq.)
authorizes NOAA (by delegation from
the Secretary of Commerce) to designate
and protect as national marine
sanctuaries areas of the marine
environment that are of special national
significance due to their conservation,
recreational, ecological, historical,
scientific, cultural, archeological,
educational, or esthetic qualities.
Section 304 of the NMSA establishes the
sanctuary designation procedures and
timelines (16 U.S.C. 1434).
Section 304(b)(1) of the NMSA reads,
‘‘The Secretary shall issue a notice of
designation with respect to a proposed
national marine sanctuary site not later
than 30 months after the date a notice
declaring the site to be an active
candidate for sanctuary designation is
published in the Federal Register under
regulations issued under this Act, or
shall publish not later than such date in
the Federal Register findings regarding
why such notice has not been
published.’’ Although the term is not
defined in the Act or regulations, NOAA
considers a site an active candidate on
the day the notice of proposed
rulemaking for the designation is
published in the Federal Register.
In 2014, the former Governor of the
State of Wisconsin and several
lakeshore communities submitted to
NOAA a successful nomination of the
Wisconsin-Lake Michigan National
Marine Sanctuary (WLMNMS). The
1,075 square mile area of waters and
bottomlands located adjacent to
Manitowoc, Sheboygan, and Ozaukee
Counties would protect a collection of
nationally significant maritime heritage
resources. On February 5, 2015, NOAA
added the site to the inventory of
nominations that are eligible for
sanctuary designation. The nomination
package and related information may be
found at https://nominate.noaa.gov/
nominations/.
NOAA began the formal sanctuary
designation process on October 7, 2015
with the publication in the Federal
Register of a notice of intent to prepare
a draft environmental impact statement
(DEIS) and initiate the public process
under the National Environmental
Policy Act and the NMSA (80 FR
khammond on DSKBBV9HB2PROD with PROPOSALS
ADDRESSES:
VerDate Sep<11>2014
16:25 Jul 12, 2019
Jkt 247001
60631). On January 9, 2017, WLMNMS
became an active candidate when notice
of the proposed rule and the draft
designation documents were published
in the Federal Register (82 FR 2254).
Therefore, the deadline for either
designating the sanctuary or providing a
public update as to its status is July 9,
2019. Accordingly, NOAA has
determined that the sanctuary is still an
active candidate for sanctuary
designation.
Dated: July 10, 2019.
John Armor,
Director, Office of National Marine
Sanctuaries.
[FR Doc. 2019–14922 Filed 7–12–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0571]
RIN 1625–AA00
Safety Zone for Fireworks Displays;
Patapsco River, Inner Harbor,
Baltimore, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of the Patapsco River.
This action is necessary to provide for
the safety of life on these navigable
waters of the Inner Harbor at Baltimore,
MD, on September 21, 2019 and on
November 10, 2019 (with alternate date
of November 11, 2019) during fireworks
displays. This proposed rulemaking
would prohibit persons and vessels
from entering the safety zone unless
authorized by the Captain of the Port
Maryland-National Capital Region or a
designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before August 14, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0571 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
33713
If
you have questions about this proposed
rulemaking, call or email Mr. Ron
Houck, Sector Maryland-National
Capital Region Waterways Management
Division, U.S. Coast Guard; telephone
410–576–2674, email Ronald.L.Houck@
uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port MarylandNational Capital Region
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
Serpico Pyrotechnics, LLC of Toms
River, NJ notified the Coast Guard that
it will be conducting a private fireworks
display from 9:50 p.m. to 10 p.m. on
September 21, 2019, to commemorate a
wedding. The fireworks are to be
launched from a barge located in the
Inner Harbor approximately 125 yards
southeast of Pier 1 in Baltimore, MD.
Hazards from the firework display
includes accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
COTP Maryland-National Capital
Region has determined that potential
hazards associated with the fireworks to
be used in this display would be a safety
concern for anyone in the Inner Harbor
near the fireworks barge.
The Baltimore Office of Promotion
and The Arts of Baltimore, MD notified
the Coast Guard that it will be
conducting a fireworks display from
11:30 p.m. to midnight on November 10,
2019, to end their ten-day Light and
Literature Unite festival. The public
fireworks are to be conducted by
Fireworks by Grucci, Inc., and launched
from five floating platforms located in
the Inner Harbor between Pier 3 and
Pier 5 in Baltimore, MD. In the event of
inclement weather, the fireworks
display will be scheduled for November
11, 2019. Hazards from the firework
display includes accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
COTP Maryland-National Capital
Region has determined that potential
hazards associated with the fireworks to
be used in this display would be a safety
concern for anyone in the Inner Harbor
near the five fireworks floating
platforms.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters in the safety zone
E:\FR\FM\15JYP1.SGM
15JYP1
33714
Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Proposed Rules
before, during, and after the scheduled
events. The Coast Guard is proposing
this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C.
1231).
during the evening when vessel traffic is
normally low. The Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 8:30 p.m. to 10:30 p.m.
on September 21, 2019 and from 11 p.m.
on November 10, 2019 to 1 a.m. on
November 11, 2019 (or alternatively, in
case of rain, from 11 p.m. on November
11, 2019 to 1 a.m. on November 12,
2019). The safety zone would cover all
navigable waters of the Patapsco River,
Inner Harbor, from shoreline to
shoreline, within an area bounded on
the east by longitude 076°36′12″ W, and
bounded on the west by the Inner
Harbor west bulkhead, located at
Baltimore, MD. The duration and
enforcement of the safety zone is
intended to ensure the safety of vessels
and these navigable waters before,
during, and after the scheduled 9:50
p.m. and 11:30 p.m., respectively,
fireworks displays. No vessel or person
would be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. The regulatory text we
are proposing appears at the end of this
document.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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 would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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.
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 section. 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.
khammond on DSKBBV9HB2PROD with PROPOSALS
IV. 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 and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on size, duration, time-of-day
and time-of-year of the safety zone.
Although this safety zone would restrict
the entire width of the waterway, it
would impact a small designated area of
the Inner Harbor for a total of four hours
VerDate Sep<11>2014
16:25 Jul 12, 2019
Jkt 247001
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
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
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. 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.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (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 a safety zone lasting a total of
four hours that would prohibit entry
within a small designated area of the
Inner Harbor at Baltimore, MD.
Normally such actions are categorically
excluded from further review under
paragraph L60(a) in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
E:\FR\FM\15JYP1.SGM
15JYP1
Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Proposed Rules
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
1. The authority citation for part 165
continues to read as follows:
■
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.
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
V. Public Participation and Request for
Comments
(a) Location. The following area is a
safety zone: All navigable waters of the
Patapsco River, Inner Harbor, from
shoreline to shoreline, within an area
bounded on the east by longitude
076°36′12″ W, and bounded on the west
by the Inner Harbor west bulkhead,
located at Baltimore, MD. All
coordinates refer to datum NAD 1983.
(b) Definitions. As used in this
section:
(1) Captain of the Port (COTP) means
the Commander, U.S. Coast Guard
Sector Maryland-National Capital
Region.
(2) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
Maryland-National Capital Region to
assist in enforcing the safety zone
described in paragraph (a) of this
section.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
All vessels underway within this safety
zone at the time it is activated are to
depart the zone.
(2) To seek permission to enter,
contact the COTP or the COTP’s
designated representative by telephone
at 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).
(3) Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(e) Enforcement. This safety zone will
be enforced during the periods
described in paragraph (f) of this
section. A ‘‘FIREWORKS—DANGER—
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. 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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
khammond on DSKBBV9HB2PROD with PROPOSALS
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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 is proposing
to amend 33 CFR part 165 as follows:
VerDate Sep<11>2014
16:25 Jul 12, 2019
Jkt 247001
2. Add § 165.T05–0571 to read as
follows:
■
§ 165.T05–0571 Safety Zone for Fireworks
Displays; Patapsco River, Inner Harbor,
Baltimore, MD.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
33715
STAY AWAY’’ sign will be posted on
the port and starboard sides of the barge
on-scene near the location described in
paragraph (a) of this section.
(f) Enforcement periods. This section
will be enforced:
(1) From 8:30 p.m. to 10:30 p.m. on
September 21, 2019.
(2) From 11 p.m. on November 10,
2019 to 1 a.m. on November 11, 2019.
If necessary due to inclement weather
on November 10, 2019, this section will
be enforced from 11 p.m. on November
11, 2019 to 1 a.m. on November 12,
2019.
Dated: July 10, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–14981 Filed 7–12–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 49
[EPA–HQ–OAR–2014–0606; FRL–9996–50–
OAR]
RIN 2060–AU45
Amendments to Federal
Implementation Plan for Managing Air
Emissions From True Minor Sources in
Indian Country in the Oil and Natural
Gas Production and Natural Gas
Processing Segments of the Oil and
Natural Gas Sector
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to amend the
Federal Minor New Source Review
(NSR) Program in Indian Country and
the Federal Implementation Plan (FIP)
for True Minor Sources in Indian
Country in the Oil and Natural Gas
Production and Natural Gas Processing
Segments of the Oil and Natural Gas
Sector (National O&NG FIP). The
amendment would potentially reduce,
by up to 30 days, the time between a
source owner/operator’s submission of
required Endangered Species Act (ESA)/
National Historic Preservation Act
(NHPA) screening documents and
beginning construction. Specifically, the
amendment would allow for concurrent,
rather than sequential, submission of
two sets of documents: Part 1
Registration Form (Part 1 Form) to
register applicability under the National
O&NG FIP, and documentation
supporting completed screening
procedures (screening procedures
SUMMARY:
E:\FR\FM\15JYP1.SGM
15JYP1
]]>Agencies
[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Proposed Rules]
[Pages 33713-33715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14981]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0571]
RIN 1625-AA00
Safety Zone for Fireworks Displays; Patapsco River, Inner Harbor,
Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Patapsco River. This action is necessary
to provide for the safety of life on these navigable waters of the
Inner Harbor at Baltimore, MD, on September 21, 2019 and on November
10, 2019 (with alternate date of November 11, 2019) during fireworks
displays. This proposed rulemaking would prohibit persons and vessels
from entering the safety zone unless authorized by the Captain of the
Port Maryland-National Capital Region or a designated representative.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 14, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0571 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast
Guard; telephone 410-576-2674, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Maryland-National Capital Region
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Serpico Pyrotechnics, LLC of Toms River, NJ notified the Coast
Guard that it will be conducting a private fireworks display from 9:50
p.m. to 10 p.m. on September 21, 2019, to commemorate a wedding. The
fireworks are to be launched from a barge located in the Inner Harbor
approximately 125 yards southeast of Pier 1 in Baltimore, MD. Hazards
from the firework display includes accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The COTP
Maryland-National Capital Region has determined that potential hazards
associated with the fireworks to be used in this display would be a
safety concern for anyone in the Inner Harbor near the fireworks barge.
The Baltimore Office of Promotion and The Arts of Baltimore, MD
notified the Coast Guard that it will be conducting a fireworks display
from 11:30 p.m. to midnight on November 10, 2019, to end their ten-day
Light and Literature Unite festival. The public fireworks are to be
conducted by Fireworks by Grucci, Inc., and launched from five floating
platforms located in the Inner Harbor between Pier 3 and Pier 5 in
Baltimore, MD. In the event of inclement weather, the fireworks display
will be scheduled for November 11, 2019. Hazards from the firework
display includes accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The COTP Maryland-
National Capital Region has determined that potential hazards
associated with the fireworks to be used in this display would be a
safety concern for anyone in the Inner Harbor near the five fireworks
floating platforms.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters in the safety zone
[[Page 33714]]
before, during, and after the scheduled events. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 8:30 p.m. to
10:30 p.m. on September 21, 2019 and from 11 p.m. on November 10, 2019
to 1 a.m. on November 11, 2019 (or alternatively, in case of rain, from
11 p.m. on November 11, 2019 to 1 a.m. on November 12, 2019). The
safety zone would cover all navigable waters of the Patapsco River,
Inner Harbor, from shoreline to shoreline, within an area bounded on
the east by longitude 076[deg]36'12'' W, and bounded on the west by the
Inner Harbor west bulkhead, located at Baltimore, MD. The duration and
enforcement of the safety zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 9:50 p.m. and 11:30 p.m., respectively, fireworks displays.
No vessel or person would be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.
IV. 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 and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on size, duration,
time-of-day and time-of-year of the safety zone. Although this safety
zone would restrict the entire width of the waterway, it would impact a
small designated area of the Inner Harbor for a total of four hours
during the evening when vessel traffic is normally low. The Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
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
section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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 a safety
zone lasting a total of four hours that would prohibit entry within a
small designated area of the Inner Harbor at Baltimore, MD. Normally
such actions are categorically excluded from further review under
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES. We seek any comments or
information that
[[Page 33715]]
may lead to the discovery of a significant environmental impact from
this proposed rule.
G. 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing 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: 46 U.S.C. 70034, 70051; 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.T05-0571 to read as follows:
Sec. 165.T05-0571 Safety Zone for Fireworks Displays; Patapsco
River, Inner Harbor, Baltimore, MD.
(a) Location. The following area is a safety zone: All navigable
waters of the Patapsco River, Inner Harbor, from shoreline to
shoreline, within an area bounded on the east by longitude
076[deg]36'12'' W, and bounded on the west by the Inner Harbor west
bulkhead, located at Baltimore, MD. All coordinates refer to datum NAD
1983.
(b) Definitions. As used in this section:
(1) Captain of the Port (COTP) means the Commander, U.S. Coast
Guard Sector Maryland-National Capital Region.
(2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
(2) To seek permission to enter, contact the COTP or the COTP's
designated representative by telephone at 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).
(3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement. This safety zone will be enforced during the
periods described in paragraph (f) of this section. A ``FIREWORKS--
DANGER--STAY AWAY'' sign will be posted on the port and starboard sides
of the barge on-scene near the location described in paragraph (a) of
this section.
(f) Enforcement periods. This section will be enforced:
(1) From 8:30 p.m. to 10:30 p.m. on September 21, 2019.
(2) From 11 p.m. on November 10, 2019 to 1 a.m. on November 11,
2019. If necessary due to inclement weather on November 10, 2019, this
section will be enforced from 11 p.m. on November 11, 2019 to 1 a.m. on
November 12, 2019.
Dated: July 10, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-14981 Filed 7-12-19; 8:45 am]
BILLING CODE 9110-04-P
