[Federal Register Volume 63, Number 240 (Tuesday, December 15, 1998)]
[Rules and Regulations]
[Pages 68999-69000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33081]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-98-100]
RIN 2115-AE46
Special Local Regulations for Marine Events; Patapsco River,
Baltimore, MD
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Temporary special local regulations are being adopted for the
Baltimore New Year's Eve Extravaganza Fireworks display to be held over
the waters of the Patapsco River, Baltimore, Maryland. These
regulations are needed to protect spectator craft and other vessels
transiting the event area from the dangers associated with the event.
This action is intended to enhance the safety of life and property
during the event.
DATES: This temporary final rule is effective from 11:30 p.m. on
December 31, 1998 to 12:30 a.m. on January 2, 1999. For rain dates,
refer to the regulatory text set out in this rule.
FOR FURTHER INFORMATION CONTACT:
Chief Warrant Office R. Houck, Marine Events Coordinator, Commander,
Coast Guard Activities Baltimore, 2401 Hawkins Point Road, Baltimore,
Maryland, 21226-1791, telephone number (410) 576-2674.
SUPPLEMENTARY INFORMATION:
Regulatory History
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for this regulation. Following normal rulemaking
procedures would have been impractical since there is not sufficient
time remaining to publish a proposed rule in advance of the event or to
provide for a delayed effective date. Immediate action is needed to
protect vessel traffic from the potential hazards associated with this
event. For these reasons, the Coast Guard finds good cause under 5
U.S.C. 553(b)(B) that notice and public comment are impracticable.
Background and Purpose
The Baltimore Office of Promotions has submitted a marine event
application to the U.S. Coast Guard for the Baltimore New Year's Eve
Extravaganza Fireworks display, to be held over the waters of the Inner
Harbor and Northwest Harbor, near Baltimore, Maryland. The event will
consist of pyrotechnic displays fired from 2 barges positioned in the
Inner Harbor. A large 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 Regulations
The Coast Guard is establishing temporary special local regulations
on specified waters of the Inner Harbor and Northwest Harbor. The
temporary special local regulations will be in effect from 11:30 p.m.
on December 31, 1998 to 12:30 a.m. on January 1, 1999 and will restrict
general navigation in the regulated areas during the event. If the
event is postponed due to weather conditions, the temporary special
local regulations will be effective from 11:30 p.m. on January 1, 1999
to 12:30 a.m. on January 2, 1999. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated areas. These regulations are needed to
control vessel traffic during the fireworks displays to enhance the
safety of spectators and transiting vessels.
Regulatory Evaluation
This rule 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
[[Page 69000]]
order. It has been exempted from review by the Office of Management and
Budget 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 rule 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
areas will only be in effect for a limited amount of time.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider whether this rule will have a significant economic
impact on a substantial number of small entities. ``Small entities''
include independently owned and operated small businesses that are not
dominant in their field and that otherwise qualify as ``small business
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632).
Because is expects the impact of this rule to be minimal, the Coast
Guard certifies under 5 U.S.C. 605(b) that this temporary final rule
will not have a significant economic impact on a substantial number of
small entities because of the event's short duration.
Collection of Information
These regulations contain no Collection of Information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, paragraph (34)(h) of COMDTINST
M16475.1C, this rule is categorically excluded from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade are excluded under that
authority.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulations
In consideration of the foregoing, Part 100 of Title 33, Code of
Federal Regulations is amended as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary section, Sec. 100.35-T05-100 is added to read as
follows:
Sec. 100.35-T05-100 Patapsco River, Baltimore, Maryland.
(a) Definitions:
(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.16.9' North, longitude
076 deg.36.3' 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.16.6' North, longitude
076 deg.35.8' West. All coordinates reference Datum NAD 1983.
(3) 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.
(b) Special Local Regulations:
(1) All persons and/or vessels not authorized as participants or
official patrol vessels are considered spectators. The ``official
patrol'' consists of any Coast Guard, public, state, county or local
law enforcement vessels assigned and/or 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 areas.
(3) The operator of any vessel in these areas shall:
(i) Stop the vessel immediately when directed to do so by any
official patrol, including any commissioned, warrant, or petty officer
on board a vessel displaying a Coast Guard ensign.
(ii) Proceed as directed by any official patrol, including any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard ensign.
(c) Effective Dates: The regulated areas are effective from 11:30
p.m. on December 31, 1998 to January 1, 1999. If the event is postponed
due to weather conditions, the regulated areas are effective from 11:30
p.m. on January 1, 1999 to 12:30 a.m. on January 2, 1999.
Dated: November 19, 1998.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 98-33081 Filed 12-14-98; 8:45 am]
BILLING CODE 4910-15-M
