[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Notices]
[Pages 4152-4153]
[FR Doc No: 2013-01032]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0333]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Recordkeeping Requirements for Microbiological Testing
and Corrective Measures for Bottled Water

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice invites comments on the procedure by which both
domestic and foreign bottled water manufacturers that sell bottled
water in the United States maintain records of microbiological testing
and corrective measures, in addition to existing recordkeeping
requirements.

DATES: Submit either electronic or written comments on the collection
of information by March 19, 2013.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400T,
Rockville, MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Recordkeeping Requirements for Microbiological Testing and Corrective
Measures for Bottled Water--21 CFR 129.35(a)(3)(i), 129.80(g), and
129.80(h) (OMB Control Number 0910-0658)--Extension

    The bottled water regulations in parts 129 and 165 (21 CFR parts
129 and 165) require that if any coliform organisms are detected in
weekly total coliform testing of finished bottled water, followup
testing must be conducted to determine whether any of the coliform
organisms are Escherichia coli. The adulteration provision of the
bottled water standard (Sec.  165.110(d)) provides that a finished
product that tests positive for E. coli will be deemed adulterated
under section 402(a)(3) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342(a)(3)). In addition, the current good manufacturing practice
(CGMP) regulations for bottled water in part 129 require that source
water from other than a public water system (PWS) be tested at least
weekly for total coliform. If any coliform organisms are detected in
the source water, the bottled water manufacturers are required to
determine whether any of the coliform organisms are E. coli. Source
water found to contain E. coli is not considered water of a safe,
sanitary quality and would be unsuitable for bottled water production.
Before a bottler may use source water from a source that has tested
positive for E. coli, a bottler must take appropriate measures to
rectify or otherwise eliminate the cause of the contamination. A source
previously found to contain E. coli will be considered negative for E.
coli after five samples collected over a 24-hour period from the same
sampling site are tested and found to be E. coli negative.
    Description of Respondents: The respondents to this information
collection are domestic and foreign bottled water manufacturers that
sell bottled water in the United States.
    FDA estimates the burden of this collection of information as
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Number of records     Total annual      Average burden
               21 CFR Section                     Number of recordkeepers      per recordkeeper       records       per recordkeeping     Total hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.   129.35(a)(3)(i), Sec.   129.80(h)....  319 (bottlers subject to                        6              1,914               0.08                153
                                               source water and finished
                                               product testing).
Sec.   129.80(g), Sec.   129.80(h)..........  95 (bottlers testing finished                   3                285               0.08                 23
                                               product only).
Sec.   129.35(a)(3)(i), Sec.   129.80(h)....  3 (bottlers conducting                          5                 15               0.08                1.2
                                               secondary testing of source
                                               water).
Sec.   129.35(a)(3)(i), Sec.   129.80(h)....  3 (bottlers rectifying                          3                  9                .25                  2
                                               contamination).
                                                                             ---------------------------------------------------------------------------
    Total Annual Burden.....................  ..............................  .................  .................  .................                179
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The current CGMP regulations already reflect the time and
associated recordkeeping costs for those bottlers that are required to
conduct microbiological testing of their source water, as well as total
coliform testing of their finished bottled water products. We therefore
conclude that any additional burden and costs in recordkeeping based on
followup testing that is required if any coliform organisms detected in
the source water test positive for E. coli are negligible. We estimate
that the labor burden of keeping records of each test is about 5
minutes per test. We also require followup testing of source water and
finished bottled water products for E. coli when total coliform
positives occur. We expect that 319 bottlers that use sources other
than PWSs may find a total coliform positive sample about 3 times per
year in source testing and about three times in finished product
testing, for a total of 153 hours of recordkeeping. In addition to the
319 bottlers, about 95 bottlers that use PWSs may find a total coliform
positive sample about 3 times per year in finished product testing, for
a total of 23 hours of recordkeeping. Upon finding a total coliform
sample, bottlers will then have to conduct a followup test for E. coli.
    We expect that recordkeeping for the followup test for E. coli will
also take about 5 minutes per test. As shown in table 1 of this
document, we expect that 3 bottlers per year will have to carry out the
additional E. coli testing, with a burden of 1 hour. These bottlers
will also have to keep records about rectifying the source
contamination, for a burden of 2 hours. For all expected total coliform
testing, E. coli testing, and source rectification, we estimate a total
burden of 179 hours. We base our estimate on our experience with the
current CGMP regulations.

    Dated: January 14, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-01032 Filed 1-17-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Notices]
[Pages 81939-81940]
[FR Doc No: 2020-27758]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2020-0671]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0031

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0031,
Plan Approval and Records for Electrical Engineering Regulations;
without change. Our ICR describes the information we seek to collect
from the public. Before submitting this ICR to OIRA, the Coast Guard is
inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before February 16,
2021.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2020-0671] to the Coast Guard 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.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. Consistent with
the requirements of Executive Order 13771, Reducing Regulation and
Controlling Regulatory Costs, and Executive Order 13777, Enforcing the
Regulatory Reform Agenda, the Coast Guard is also requesting comments
on the extent to which this request for information could be modified
to reduce the burden on respondents.
    In response to your comments, we may revise this ICR or decide not
to seek an extension of approval for the Collection. We will consider
all comments and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2020-0671], and
must be received by February 16, 2021.

Submitting Comments

    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. Documents mentioned in this notice, and all public
comments, are 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.
    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

submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).

Information Collection Request

    Title: Plan Approval and Records for Electrical Engineering
Regulations--Title 46 CFR Subchapter J.
    OMB Control Number: 1625-0031.
    Summary: The information is needed to ensure compliance with our
rules on electrical engineering for the design and construction of
U.S.-flag commercial vessels.
    Need: Title 46 U.S.C. 3306 and 3703 authorize the Coast Guard to
establish rules to promote the safety of life and property in
commercial vessels. The electrical engineering rules appear at 46 CFR
subchapter J (parts 110 through 113).
    Forms: None.
    Respondents: Owners, operators, shipyards, designers, and
manufacturers of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from 6,524
hours to 6,536 hours a year due to an estimated increase in the annual
number of responses.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.

    Dated: December 11, 2020.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2020-27758 Filed 12-16-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Notices]
[Page 76953]
[FR Doc No: 2016-26651]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2016-0848]

National Offshore Safety Advisory Committee; Vacancies

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Request for applications.

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

SUMMARY: The Coast Guard seeks applications for membership on the
National Offshore Safety Advisory Committee. The National Offshore
Safety Advisory Committee advises the Secretary of the Department of
Homeland Security on matters and actions concerning activities directly
involved with or in support of the exploration of offshore mineral and
energy resources insofar as they relate to matters within Coast Guard
jurisdiction. Applicants selected for service on the National Offshore
Safety Advisory Committee via this solicitation will not begin their
respective terms until January 31, 2018.

DATES: Completed applications should reach the Coast Guard on or before
January 3, 2017.

ADDRESSES: Applicants should send a cover letter expressing interest in
an appointment to the National Offshore Safety Advisory Committee that
also identifies under which membership category the applicant is
applying, along with a resume detailing the applicant's experience via
one of the following methods:
     By Email<EMAIL_ADDRESS>     By Fax:<PHONE_NUMBER>.
     By Mail: Mr. Patrick W. Clark, Alternate Designated
Federal Officer of the National Offshore Safety Advisory Committee,
Commandant, (CG-OES-2)/NOSAC U.S. Coast Guard, 2703 Martin Luther King
Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509.

FOR FURTHER INFORMATION CONTACT: Mr. Patrick Clark, Alternate
Designated Federal Officer of the National Offshore Safety Advisory
Committee, Commandant, (CG-OES-2)/NOSAC U.S. Coast Guard, 2703 Martin
Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509; email
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The National Offshore Safety Advisory
Committee is a federal advisory committee established in accordance
with the provisions of the Federal Advisory Committee Act (Title 5
U.S.C. Appendix) to advise the Secretary of the Department of Homeland
Security on matters and actions concerning activities directly involved
with or in support of the exploration of offshore mineral and energy
resources insofar as they relate to matters within Coast Guard
jurisdiction.
    The Committee normally meets twice a year: Once in April in New
Orleans, Louisiana, and then in November in Houston, Texas. Each
National Offshore Safety Advisory Committee member serves a term of
office up to three (3) years. Members may serve a maximum of two (2)
consecutive terms. All members serve at their own expense and receive
no salary or reimbursement of travel expenses, or other compensation
from the Federal Government.
    We will consider applications for the 5 positions listed below that
will be vacant on January 31, 2018:
    (a) One member representing companies, organizations, enterprises
or similar entities engaged in offshore drilling;
    (b) One member representing companies, organizations, enterprises
or similar entities engaged in the production of petroleum;
    (c) One member representing companies, organizations, enterprises
or similar entities engaged in the construction of offshore facilities;
    (d) One member representing companies, organizations, enterprises
or similar entities engaged in the support, by offshore supply vessel
or other vessels, of offshore operations; and,
    (e) One member representing employees of companies, organizations,
enterprises or similar entities engaged in offshore operations, who
should have recent practical experience on vessels or units involved in
the offshore industry.
    To be eligible, applicants for positions (a-e) should be employed
by companies, organizations, enterprises or similar entities associated
with the exploration for, and the recovery of oil, gas and other
mineral resources on the U.S. Outer Continental Shelf; and have
expertise, knowledge and experience regarding the technology, equipment
and techniques that are used or are being developed for use in the
exploration for, and the recovery of, offshore mineral resources.
    The Department of Homeland Security does not discriminate in
selection of Committee members on the basis of race, color, religion,
sex, national origin, political affiliation, sexual orientation, gender
identity, marital status, disabilities and genetic information, age
membership in an employee organization, or any other non-merit factor.
The Department of Homeland Security strives to achieve a widely diverse
candidate pool for all of its recruitment actions.
    If you are interested in applying to become a member of the
Committee, send your cover letter and resume to Mr. Patrick Clark,
Alternate Designated Federal Officer of the National Offshore Safety
Advisory Committee, via one of the transmittal methods in the ADDRESSES
section by the deadline in the DATES section of this notice. All email
submittals will receive email receipt confirmation.

    Dated: October 31, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2016-26651 Filed 11-3-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Rules and Regulations]
[Pages 54029-54032]
[FR Doc No: 2019-21774]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0571]
RIN 1625-AA00

Safety Zone for Fireworks Display; Patapsco River, Inner Harbor,
Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing 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, Baltimore, MD, during a fireworks
display on November 10, 2019, (with an alternate date of November 11,
2019). 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 11 p.m. on November 10, 2019,
through 1 a.m. on November 12, 2019. This rule will be enforced from 11
p.m. on November 10, 2019, through 1 a.m. on November 11, 2019, or, in
the event of inclement weather on November 10th, from 11 p.m. on
November 11, 2019, through 1 a.m. on November 12, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0571 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ron Houck, Sector Maryland-National Capital Region
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email<EMAIL_ADDRESS>
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 Information and Regulatory History

    The Coast Guard was notified of two fireworks events on the
navigable waters of the Inner Harbor, Baltimore, MD. 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. And, 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, (rain date of November 11,
2019) to end their ten-day Light and Literature Unite festival.
    In response, on July 15, 2019, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Safety Zone for Fireworks
Displays; Patapsco River, Inner Harbor, Baltimore, MD'' (84 FR 33713).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to these fireworks displays. During
the comment period that ended August 14, 2019, we received one comment.
Additionally, after publication of the NPRM, the sponsor of the
September 21st fireworks display notified the Coast Guard that they
would not be conducting the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with the fireworks to be used in the
display on November 10, 2019, will be a safety concern for anyone in
the Inner Harbor near the five firework floating platforms. The purpose
of this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event. It is
important to note that the Coast Guard's authority is limited to
assuring safety of navigation. Coast Guard does not have jurisdiction
over the fireworks themselves and cannot enforce the overall activity,
through land security, debris clean up etc. unless there is a clear
link to safety of navigation.

IV. Discussion of Comments

    As noted above, we received one comment on our NPRM published July
15, 2019. The commenter expressed support for the rule, but requested
greater detail concerning eight issues.
    1. The type of security surrounding the Inner Harbor and the buffer
zone on the ground and sea, as well as the number of roving patrols on
both the land and sea.
    This rule applies the Coast Guard's authority to impose appropriate
controls on waters under its jurisdiction where it is necessary to
provide for the safety of life during a fireworks display. The type and
scope of security provided for the fireworks display is the
responsibility of the event sponsor.
    2. The scope of responsibility of the event sponsor, the Baltimore
Office of Promotion and The Arts of Baltimore, MD.
    The Coast Guard does not provide approval for fireworks displays,
however, it identifies the event sponsor as responsible for the overall
safety of a fireworks display. This includes the protection of
participants and spectators from the hazards of the event. National
Fire Protection Association (NFPA) 1123, Code for Fireworks Display,
contains the industry standards for outdoor aerial fireworks set by the
NFPA. NFPA 1123 defines the sponsor as ``the organization (person,
group, or government agency) that arranges with a duly authorized
firework supplier for its services in presenting a fireworks display or
in providing fireworks for use in a display.'' NFPA 1123 further states
the sponsor for an outdoor fireworks display is responsible for
obtaining a display permit from the Authority Having Jurisdiction (AHJ)
prior to performing the fireworks display, if the operator or fireworks
supplier does not. This approval includes providing, for review to the
extent required by the AHJ, (i) verifiable proof of liability insurance
of a type and amount deemed appropriate, (ii) a display site plan in
the form of a diagram depicting the location of the display, (iii)
written description of the event operating procedures, including
emergency procedures, and (iv) provisions for both fire protection and
crowd control, of the level required for the display.
    3. The policing up of the refuse by-product of fireworks and excess
fallout on water surface, if any, or a contingency plan to minimize the
fallout.
    The Coast Guard does not provide approval for fireworks displays,
however, it identifies the event sponsor as responsible for the results
of said displays. NFPA 1123 does not specifically address the
collection of firework remnants after the display. It states that the
firing crew shall conduct an inspection of the fallout area for the
purpose of locating any unexploded aerial shells or live components
following the fireworks display and before any public access to the
site is allowed, and when fireworks are displayed at night, a search of
the fallout area shall be made immediately after the display and at
first light the following morning.
    4. Compensation aspects for security for participating law
enforcement and Federal agencies to include special duty pay for off
duty law enforcement personnel.
    The Coast Guard does not provide security for the fireworks, nor
does it compensate those law enforcement agencies providing such
service for the sponsor. The employment and compensation of law
enforcement personnel providing security for the fireworks is the
responsibility of the event sponsor.
    5. The possibility of intoxicated members of the public wandering
into the safety zone.
    The Coast Guard understands that fireworks spectators, whether they
are intoxicated or not, may approach the

safety zone. In addition to the constructive notice provided by
publication of this rule in the Federal Register, to enforce the safety
zone established by this rule, the COTP will provide on scene patrol
resources.
    6. Posted signs of repercussions with proposed rule number to be
used as a deterrent to trespassing personnel during proposed times.
    This regulation requires that the sponsor post on the port and
starboard sides of the barge on-scene within the area of the safety
zone, a ``FIREWORKS--DANGER--STAY AWAY'' sign during the period
indicating this safety zone will be enforced. The COTP will notify the
public that the safety zone in this rule will be enforced by all
appropriate means to the affected segments of the public, including
publication in the Federal Register, as practicable, in accordance with
33 CFR 165.7(a). Such means of notification may also include, but are
not limited to, Broadcast Notice to Mariners or Local Notice to
Mariners. Vessels or persons violating this rule are subject to the
penalties set forth in 46 U.S.C. 70036 (previously codified in 33
U.S.C. 1232) and 46 U.S.C. 70052 (previously codified in 50 U.S.C.
192).
    7. Proximity to and sufficient number of first responders (fire and
rescue services) both on land and sea.
    The Coast Guard does not arrange for fire and rescue resources for
the display. NFPA 1123 states the sponsor consults with the AHJ, the
local responding fire department (if different from the AHJ) and the
operator to determine the level of fire protection required, that fire
protection and other emergency response personnel and their vehicles
remain at or beyond the perimeter of the display site during the actual
firing of the display, and that watercraft ready and capable of
providing rapid emergency response be present during the display.
    8. Lighting for posted signs on land and road blocks or caution
signs on surface streets surrounding the harbor for increased traffic
warn drivers and pedestrians about the scheduled fireworks displays who
may become distracted by the night sky being filled with bright lights
and sounds.
    The Coast Guard's broad legal authority over navigation safety in
the navigable waters of the United States does not extend landside to
those areas described, which are subject to Federal, State, and local
agencies.

V. Changes From the NPRM and Discussion of the Rule

    There is one change in the regulatory text of this rule from the
proposed rule in the NPRM. As a result of the event sponsor's
notification cancelling the fireworks display from a barge in the Inner
Harbor, Baltimore, MD, on September 21, 2019, the Coast Guard has
removed the enforcement period for this event proposed in the NPRM.
    This rule establishes a safety zone to be enforced 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 will 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 of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 11:30 p.m. fireworks display. No vessel or person will 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. 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 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), 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 will restrict the entire width of the waterway, it will impact a
small designated area of the Inner Harbor for a total of two 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 received no comments from the Small Business
Administration on this rulemaking. 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
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will 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 (Public Law 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
contact 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. If
you believe this 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 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 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 a safety zone to be enforced for 2
hours that will prohibit entry within a small designated area of the
Inner Harbor at Baltimore, MD. It is 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 Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

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.

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; 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 Display; 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:
    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. 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<PHONE_NUMBER> 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
period 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 period. This section will be enforced 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: October 2, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital
Region.
[FR Doc. 2019-21774 Filed 10-8-19; 8:45 am]
BILLING CODE 9110-04-P