[Federal Register Volume 64, Number 195 (Friday, October 8, 1999)]
[Proposed Rules]
[Pages 54849-54851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26354]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-99-089]
RIN 2115-AE46
Special Local Regulations for Marine Events; New Year's
Celebration Fireworks, Patapsco River, Baltimore, MD
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary special local
regulations for the New Year's Celebration Fireworks, to be held over
the waters of the Patapsco River, Baltimore, Maryland. These special
local regulations are needed to protect spectators and other vessels
transiting the event area from the dangers associated with the
fireworks displays. The effect will be to restrict general navigation
in the regulated area in order to enhance the safety of life and
property during the event.
DATES: Comments must reach the Coast Guard on or before November 8,
1999.
ADDRESSES: You may mail comments to Commander (Aoax), Fifth Coast Guard
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, hand-
deliver them to Room 119 at the same address between 9:30 a.m. and 2
p.m., Monday through Friday, except Federal holidays, or fax them to
(757) 398-6203. Commander (Aoax), Fifth Coast Guard District, 431
Crawford Street, Portsmouth, Virginia 23704-5004 maintains the public
docket for this rulemaking. Comments, and documents as indicated in
this preamble will become part of this docket and will be available for
inspection and copying at the above address between 9:30 a.m. and 2
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
S.L. Phillips, Project Manager, Operations Division, Auxiliary Section,
at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 06-99-085) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ x 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposed rule in view of the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the address listed under ADDRESSES. The
request should include the reasons why a hearing would be beneficial.
If it determines that the opportunity for oral presentations will aid
this rulemaking, the Coast Guard will hold a public hearing at a time
and place announced by a later notice in the Federal Register.
In order to provide notice and an opportunity to comment before
issuing an effective rule, the Coast Guard is providing a shorter than
normal comment period. A 30-day comment period is sufficient to allow
those who might be affected by this rulemaking to submit their
comments. This determination is based on the fact that the proposed
regulations have a narrow, local application and this event has been
held annually for the past 6 years without generating any problems or
complaints.
Background and Purpose
The Baltimore Office of Promotions will sponsor the New Year's
Celebration Fireworks, to be held over the waters of the Patapsco
River, Baltimore, Maryland. The event will consist of pyrotechnic
displays fired from 2 barges positioned in the Inner Harbor and
Northwest Harbor. A fleet of spectator vessels is anticipated. Due to
the need for vessel control during the fireworks displays, vessel
traffic will be temporarily restricted to provide for the safety of
spectators and transiting vessels.
Discussion of Proposed Rule
The Coast Guard will establish temporary special local regulations
on specified waters of the Patapsco River, Baltimore, Maryland. These
proposed special local regulations will be in effect from 11:45 p.m. on
December 31, 1999 to 12:35 a.m. on January 1, 2000, and from 6:45 p.m.
to 7:35 p.m. on January 1, 2000. The effect will be to restrict general
navigation in the regulated area during the event. Except for persons
or vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the regulated area while the regulations
are in effect.
[[Page 54850]]
These proposed regulations are needed to control vessel traffic during
the event to enhance the safety of spectators and transiting vessels.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. The
Office of Management and Budget has not reviewed it under that order.
It is not ``significant'' under the regulatory policies and procedures
of the Department of Transportation (DOT) (44 FR 11040; February 26,
1979).
The Coast Guard expects the economic impact of this proposal to be
so minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. This
conclusion is based on the fact that the regulated area will only be in
effect for a limited amount of time, extensive advisories will be made
to the affected maritime community so that they may adjust their
schedules accordingly, and the event schedule will allow commercial
interests to coordinate their activities to allow for minimum
disruption to their enterprise.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed rule, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small Entities'' include 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 expects the impact of this proposed rule to be
minimal. The regulated area will only be in effect for a limited amount
of time, extensive advisories will be made to the affected maritime
community so that they may adjust their schedules accordingly, and the
event schedule will allow commercial interests to coordinate their
activities to allow for minimum disruption to their enterprise.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b), that
this proposed rule, if adopted, will not have a significant economic
impact on a substantial number of small entities. If, however, you
think that your business or organization qualifies as a small entity
and that this proposed rule will have a significant economic impact on
your business or organization, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and in what way and to what
degree this proposal will economically affect it.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking process. If your small business or organization is
affected by this rule and you have questions concerning its provisions
or options for compliance, please contact S. L. Phillips, Project
Manager, Operations Division, Auxiliary Section, at (757) 398-6204.
Unfunded Mandates
Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1531), the Coast Guard assessed the effects of this proposal on
State, local and tribal governments, in the aggregate, and the private
sector. The Coast Guard determined that this regulatory action requires
no written statement under section 202 of the UMRA (2 U.S.C. 1531)
because it will not result in the expenditure of $100,000,000 in any
one year by State, local and tribal governments, in the aggregate, or
the private sector.
Collection of Information
This proposal does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under figure 2-1, paragraph (34)(h) of
Commandant Instruction M16475.1C, this proposal is categorically
excluded from further environmental documentation. An ``Environmental
Analysis Checklist'' and a ``Categorical Exclusion Determination'' will
be available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--[AMENDED]
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46 and 33 CFR
100.35.
2. A temporary Sec. 100.35-T05-089 is added to read as follows:
Sec. 100.35-T05-089 New Year's Celebration Fireworks, Patapsco River,
Baltimore, Maryland.
(a) Regulated Areas:
(1) Inner Harbor Regulated Area. The waters of the Patapsco River
enclosed within the arc of a circle with a radius of 400 feet and with
its center located at latitude 39 deg.16'54'' North, longitude
076 deg.36'18'' West. All coordinateS reference Datum NAD 1983.
(2) Northwest Harbor Regulated Area. The waters of the Patapsco
River enclosed within the arc of a circle with a radius of 500 feet and
with its center located at latitude 39 deg.16'36'' North, longitude
076 deg.35'48'' West. All coordinates reference Datum NAD 1983.
(b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by the Commander, Coast Guard Activities Baltimore.
(c) Special Local Regulations:
(1) All persons and vessels not authorized as official patrol
vessels are considered spectators. The ``official patrol'' consists of
any Coast Guard, public, state, county or local law enforcement vessels
assigned and approved by Commander, Coast Guard Activities Baltimore.
(2) Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area.
(3) The operator of any vessel in this area shall:
(i) Stop the vessel immediately when directed to do so by the
official patrol, including any commissioned, warrant, or petty officer
on board a vessel displaying a Coast Guard ensign.
(ii) Proceed as directed by the official patrol, including any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard ensign.
(d) Effective Dates. The regulated areas are effective from 11:45
p.m. on
[[Page 54851]]
December 31, 1999 to 12:35 a.m. on January 1, 2000, and from 6:45 p.m.
to 7:35 p.m. on January 1, 2000.
Dated: September 27, 1999.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 99-26354 Filed 10-7-99; 8:45 am]
BILLING CODE 4910-15-U
