Safety Zone; Back River, Baltimore County, MD, 51974-51976 [2024-13642]

Download as PDF 51974 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Rules and Regulations The regulations in 33 CFR 165.943(b) will be enforced from 9:00 p.m. through 10:00 p.m. on July 04, 2024, for the City of Bayfield Fireworks safety zone, § 165.943. FOR FURTHER INFORMATION CONTACT: If you have questions on this document, call or email LT Joe McGinnis, telephone (218)–725–3818, email DuluthWWM@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone for the annual City of Bayfield 4th of July Fireworks Display in 33 CFR 165.943 from 9:00 p.m. through 10:00 p.m. on July 04, 2024. All waters of the Lake Superior North Channel in Bayfield, WI within the arc of a circle with a radius of no more than 1,120 feet from the launch site at position 46°48′40″ N, 090°48′32″ W. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Duluth or their designated on-scene representative. The Captain of the Port’s designated on-scene representative may be contacted via VHF Channel 16. This document is issued under authority of 33 CFR 165.943 and 5 U.S.C. 552 (a). In addition to this publication in the Federal Register, the Coast Guard will provide the maritime community with advance notification of the enforcement of this safety zone via Broadcast Notice to Mariners. DATES: Dated: June 14, 2024. J.P. Botti, Commander, U.S. Coast Guard, Captain of the Port Duluth. [FR Doc. 2024–13592 Filed 6–20–24; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0541] RIN 1625–AA00 Safety Zone; Back River, Baltimore County, MD Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing temporary regulations for certain waters of the Back River, near Baltimore County, MD. This action is necessary to provide for the safety of life on these navigable waters during a fireworks display on July 20, 2024 (or on an alternate date of July 21, 2024). This regulation prohibits persons and ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:17 Jun 20, 2024 Jkt 262001 vessels from being in the safety zone unless authorized by the Captain of the Port, Maryland-National Capital Region or a designated representative. DATES: This rule is effective from 8 p.m. to 10:30 p.m. on July 20, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0541 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ If you have questions about this rule, call or email LCDR Kate M. Newkirk, U.S. Coast Guard Sector Maryland-National Capital Region; telephone 410–576– 2519, email MDNCRMarineEvents@ uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking PATCOM Patrol Commander § Section U.S.C. United States Code II. Background Information and Regulatory History In ‘‘Tiki Lee’s Shootout on the River High Speed Power Boat’’ event, approximately 40 participants compete with one another, completing individually timed power boat speed runs on a designated, marked, linear course. See an NPRM (notice of proposed rulemaking) at 89 FR 34173 (April 30, 2024) for more information about a Special Local Regulation proposed to accommodate this event on an annual basis. On June 11, 2024, Fantastic Fireworks, on behalf of Tiki Lee’s Dock Bar, notified the Coast Guard that it will be conducting fireworks display between 9 and 10 p.m. on July 20, 2024, as a part of the ‘‘Shootout on the River’’ event activities this year. The fireworks are to be launched from a barge located on the Back River, near Tiki Lee’s Dock Bar, in Sparrows Point, MD. In the event of inclement weather on July 20, 2024, the fireworks display will be conducted between 9 and 10 p.m. on July 21, 2024. The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because immediate action is needed to respond to the potential safety hazards associated with fireworks debris and the anticipated large spectator fleet. In addition, the Coast Guard finds that good cause exists under 5 U.S.C. 553(d)(3) for making this rule effective less than 30 days after publication in the Federal Register. Due to the date of the event, it would be impracticable to make the regulation effective 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable and contrary to the public interest because it would delay the safety measures necessary to respond to potential safety hazards associated with this fireworks event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Coast Guard anticipates a large spectator fleet for the events. The Captain of the Port, Sector Maryland-National Capital Region (COTP) has determined that potential hazards associated with the fireworks to be used in the July 20, 2024, display will be a safety concern for anyone within a 600-foot radius of the fireworks barge. Potential hazards from firework displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. IV. Discussion of the Rule The fireworks fallout zone extends across the navigable channel. The Coast Guard is establishing a temporary safety zone around the fireworks discharge site, in approximate position latitude 39°15′43.13″ N, longitude 76°27′28.41″ W. The safety zone covers all navigable waters within 600 feet of a fireworks barge in the Back River located near Tiki Lee’s Dock Bar in Sparrow’s Point, MD. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. E:\FR\FM\21JNR1.SGM 21JNR1 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Rules and Regulations Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. ddrumheller on DSK120RN23PROD with RULES1 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. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, duration, and timeof-day of the special local regulation and safety zone, which would impact a small, designated area of the Back River for a total of no more than 2.5 enforcement-hours, during the evening when vessel traffic is normally low. Moreover, the Coast Guard will issue Local Notices to Mariners and a Broadcast Notice to Mariners via VHF– FM marine channel 16 about the zones. 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 rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated area or safety zone may be small entities, for the reasons stated in section V.A above, this rule would not have a significant economic impact on any vessel owner or operator. 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 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 call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine VerDate Sep<11>2014 16:17 Jun 20, 2024 Jkt 262001 compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will 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 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 rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 51975 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 determined 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 rule involves implementation of regulations within 33 CFR part 100 applicable to organized marine events on the navigable waters of the United States that could negatively impact the safety of waterway users and shore side activities in the event area, and within 33 CFR part 165 establishing a temporary safety zone that would prohibit entry within 600 feet of a fireworks barge, both lasting a total of 2.5 consecutive hours. It is categorically excluded from further review under paragraph L61 and L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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. 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 amends 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. 2. Add § 165.T05–0541 to read as follows: ■ § 165.T05–0541 Safety Zone; Back River, Baltimore County, MD. (a) Location. The following area is a safety zone: All navigable waters of the Back River within 600 feet of the E:\FR\FM\21JNR1.SGM 21JNR1 51976 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Rules and Regulations fireworks barge in approximate position latitude 39°15′43.13″ N, longitude 76°26′28.41″ W. These coordinates are based on datum NAD 1983. (b) Definitions. As used in this section— Captain of the Port (COTP) means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region. Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port MarylandNational 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. (2) To seek permission to enter, contact the COTP or the COTP’s 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 other Federal, State, and local agencies. (e) Enforcement period. This section will be enforced from 8 p.m. to 10:30 p.m. on July 20, 2024, and, if necessary due to inclement weather on July 21, 2024, from 8 p.m. to 10:30 p.m. Dated: June 17, 2024. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port, Maryland-National Capital Region. [FR Doc. 2024–13642 Filed 6–20–24; 8:45 am] BILLING CODE 9110–04–P POSTAL SERVICE 39 CFR Part 111 Customs Declaration Exceptions Postal ServiceTM. ACTION: Final rule. ddrumheller on DSK120RN23PROD with RULES1 AGENCY: The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®), in various sections, to delete the ‘‘known mailer’’ and ‘‘official mail’’ exceptions for customs declarations for mail to, from, or between overseas U.S. SUMMARY: VerDate Sep<11>2014 16:17 Jun 20, 2024 Jkt 262001 military and diplomatic Post Office® addresses. Effective: September 29, 2024. Vlad Spanu at (202) 268–4180 or Kathy Frigo at (202) 268–4178. SUPPLEMENTARY INFORMATION: On May 10, 2023, the Postal Service published a notice of proposed rulemaking (88 FR 30068) to delete section 703.2.3.9, ‘‘Customs Declarations—Exceptions,’’ to align Postal Service regulations with current customs policy. The Postal Service also proposed to make minor revisions to the text in sections 608.2.4.4 and 703.2.3.8 to align with deleting section 703.2.3.9. Additionally, due to deleting section 703.2.3.9, the Postal Service is renumbering current sections 703.2.3.10 through 703.2.3.13, respectively, and revising the introductory text in renumbered section 703.2.3.10. DATES: FOR FURTHER INFORMATION CONTACT: Responses to Comments The Postal Service received nine formal comments on the May 10, 2023, proposed rule. Two commenters concurred without comment, and seven commenters cited concerns to the proposed rule. The comments received and the Postal Service’s responses area as follows: Comment: Two commenters said that they felt the current ‘‘known mailer’’ and ‘‘official mail’’ exceptions wording should not be amended for mail sent to or from overseas military and diplomatic Post Office addresses since the change could prevent mailing classified materials. The commenters also indicated that providing detailed descriptions on the customs form could identify secret and sensitive contents. In addition, the commenters noted that they send and receive documents and equipment currently considered as ‘‘official mail’’ from military locations and utilize a general description to deter rifling or theft. In support, one of the two commenters cited a reference from the Department of Defense Manual 5200.01–V3 Enclosure 4: ‘‘Preparation of Material for Shipment: (3) Do not place a classification marking or any other unusual marks on the outer envelope or container that might invite special attention to the fact that the contents are classified.’’ For these reasons, both commenters said that they felt that instituting the proposed rule would hinder investigations and clearance adjudications missions, ultimately stagnating the nation’s trusted workforce, and adversely impacting governmental departments. The PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 commenters further indicated that continued use of the Postal Service for classified mail is contingent upon official mail to move freely without unnecessary roadblocks to meet critical mission requirements. USPS Response: The Postal Service requires the information senders provide on customs declaration forms to be electronically transmitted to USPS before the package enters the Postal Service network. By using the electronic customs declaration data, risk assessment tools, and data analytics, the United States Postal Inspection Service (USPIS) identifies packages with a potential risk to national security or the safety of the Postal Service mail stream. The detailed descriptions’ section of the Customs Declaration Form and Advance Electronic Data (AED) are used to provide a list of the contents within the package. The Postal Service does not have rules that require the disclosure of whether the contents are sensitive or confidential, nor a requirement to provide such marking on the exterior package that would reveal the nationalsecurity-classification level of the contents. Comment: Like the previous comment, three commenters said that they felt the current ‘‘known mailer’’ and ‘‘official mail’’ exceptions wording should not be amended for mail sent to or from overseas military and diplomatic Post Office addresses since the change could prevent mailing sensitive or classified materials if the contents are required to be disclosed as such on the customs declaration form. One of the two commenters also indicated that requiring a detailed description for unclassified materials poses a potential of identifying other mail as sensitive or classified based on the sole ‘‘documents’’ description. The commenters further indicated that it would not be an issue if the Postal Service continued to accept a general description, such as ‘‘documents’’ for the description of sensitive or classified documents and equipment. One commenter further indicated that mailing classified documents would be contingent upon the allowance of using ‘‘documents’’ as the descriptor for all official mail. USPS Response: Similar to the previous responses, there is no requirement to identify ‘‘secret,’’ ‘‘sensitive,’’ ‘‘classified,’’ or any other such distinction. For non-dutiable documents, the level of detail that would most often be expected to be adequate is ‘‘documents.’’ Comment: One commenter did not oppose removing the ‘‘known mailer’’ and ‘‘official mail’’ exemptions for E:\FR\FM\21JNR1.SGM 21JNR1

Agencies

[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Rules and Regulations]
[Pages 51974-51976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13642]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0541]
RIN 1625-AA00


Safety Zone; Back River, Baltimore County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary regulations for 
certain waters of the Back River, near Baltimore County, MD. This 
action is necessary to provide for the safety of life on these 
navigable waters during a fireworks display on July 20, 2024 (or on an 
alternate date of July 21, 2024). This regulation prohibits persons and 
vessels from being in the safety zone unless authorized by the Captain 
of the Port, Maryland-National Capital Region or a designated 
representative.

DATES: This rule is effective from 8 p.m. to 10:30 p.m. on July 20, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0541 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LCDR Kate M. Newkirk, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2519, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    In ``Tiki Lee's Shootout on the River High Speed Power Boat'' 
event, approximately 40 participants compete with one another, 
completing individually timed power boat speed runs on a designated, 
marked, linear course. See an NPRM (notice of proposed rulemaking) at 
89 FR 34173 (April 30, 2024) for more information about a Special Local 
Regulation proposed to accommodate this event on an annual basis.
    On June 11, 2024, Fantastic Fireworks, on behalf of Tiki Lee's Dock 
Bar, notified the Coast Guard that it will be conducting fireworks 
display between 9 and 10 p.m. on July 20, 2024, as a part of the 
``Shootout on the River'' event activities this year. The fireworks are 
to be launched from a barge located on the Back River, near Tiki Lee's 
Dock Bar, in Sparrows Point, MD. In the event of inclement weather on 
July 20, 2024, the fireworks display will be conducted between 9 and 10 
p.m. on July 21, 2024.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because immediate action is needed to respond 
to the potential safety hazards associated with fireworks debris and 
the anticipated large spectator fleet.
    In addition, the Coast Guard finds that good cause exists under 5 
U.S.C. 553(d)(3) for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the date of the event, it 
would be impracticable to make the regulation effective 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because it would delay the safety measures necessary to respond to 
potential safety hazards associated with this fireworks event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Coast Guard anticipates a large spectator fleet for the 
events. The Captain of the Port, Sector Maryland-National Capital 
Region (COTP) has determined that potential hazards associated with the 
fireworks to be used in the July 20, 2024, display will be a safety 
concern for anyone within a 600-foot radius of the fireworks barge. 
Potential hazards from firework displays include accidental discharge 
of fireworks, dangerous projectiles, and falling hot embers or other 
debris.

IV. Discussion of the Rule

    The fireworks fallout zone extends across the navigable channel. 
The Coast Guard is establishing a temporary safety zone around the 
fireworks discharge site, in approximate position latitude 
39[deg]15'43.13'' N, longitude 76[deg]27'28.41'' W. The safety zone 
covers all navigable waters within 600 feet of a fireworks barge in the 
Back River located near Tiki Lee's Dock Bar in Sparrow's Point, MD. The 
duration of the zone is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 
fireworks display. No vessel or person would be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking.

[[Page 51975]]

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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
duration, and time-of-day of the special local regulation and safety 
zone, which would impact a small, designated area of the Back River for 
a total of no more than 2.5 enforcement-hours, during the evening when 
vessel traffic is normally low. Moreover, the Coast Guard will issue 
Local Notices to Mariners and a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zones.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
regulated area or safety zone may be small entities, for the reasons 
stated in section V.A above, this rule would not have a significant 
economic impact on any vessel owner or operator.
    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 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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, 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 determined 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 rule involves 
implementation of regulations within 33 CFR part 100 applicable to 
organized marine events on the navigable waters of the United States 
that could negatively impact the safety of waterway users and shore 
side activities in the event area, and within 33 CFR part 165 
establishing a temporary safety zone that would prohibit entry within 
600 feet of a fireworks barge, both lasting a total of 2.5 consecutive 
hours. It is categorically excluded from further review under paragraph 
L61 and L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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 amends 
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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T05-0541 to read as follows:


Sec.  165.T05-0541  Safety Zone; Back River, Baltimore County, MD.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Back River within 600 feet of the

[[Page 51976]]

fireworks barge in approximate position latitude 39[deg]15'43.13'' N, 
longitude 76[deg]26'28.41'' W. These coordinates are based on datum NAD 
1983.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard 
Sector Maryland-National Capital Region.
    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.
    (2) To seek permission to enter, contact the COTP or the COTP's 
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 other Federal, State, 
and local agencies.
    (e) Enforcement period. This section will be enforced from 8 p.m. 
to 10:30 p.m. on July 20, 2024, and, if necessary due to inclement 
weather on July 21, 2024, from 8 p.m. to 10:30 p.m.

    Dated: June 17, 2024.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Maryland-National 
Capital Region.
[FR Doc. 2024-13642 Filed 6-20-24; 8:45 am]
BILLING CODE 9110-04-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.