[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Rules and Regulations]
[Pages 16112-16114]
[FR Doc No: 2017-06451]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0176]
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 the navigable waters of the Inner
Harbor at Baltimore, MD, during a fireworks display on April 8, 2017.
This action will prohibit persons and vessels from entering the safety
zone unless authorized by the Captain of the Port Maryland-National
Capital Region or a designated representative.

DATES: This rule is effective from 11 p.m. on April 8, 2017, until 1
a.m. on April 10, 2017. This rule will be enforced from 11 p.m. on
April 8, 2017, until 1 a.m. on April 9, 2017, or if necessary due to
inclement weather, from 11 p.m. on April 9, 2017, until 1 a.m. on April
10, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0176 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 about this
rulemaking, call or email Mr. Ronald Houck, Sector Maryland-National
Capital Region Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard is issuing this temporary final 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 with
respect to this rule because doing so would be impracticable and
contrary to the public interest. The event is scheduled to take place
on April 9th and the safety zone must be in effect on that date in
order to serve its purpose of ensuring the safety of the public from
hazards associated with the fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register because doing so would be
impracticable and contrary to the public interest. Delaying the
effective date would be contrary to the rule's objectives of ensuring
the safety of the public from hazards associated with the fireworks
display.
    The public fireworks display will be conducted by Fireworks by
Grucci, Inc. and launched from five floating platforms located within
the waters of Inner Harbor Baltimore, between Inner Harbor Pier 3 and
Inner Harbor Pier 5 in Baltimore, MD. In the event of inclement
weather, the fireworks display will be scheduled for April 9, 2017.
Hazards from fireworks displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The Captain of the Port (COTP) has determined that potential
hazards associated with the fireworks to be used in this display would
be a safety concern for anyone within a 75-yard radius of each of each
of the five fireworks discharge sites.
    The fireworks display will be conducted at a time of year and time
of day when boating traffic is expected to be minimal. The purpose of
this rulemaking is to ensure the safety of persons and vessels on the
navigable waters within the Inner Harbor before, during, and after the
scheduled event. The Coast Guard is issuing this rule under authority
in 33 U.S.C. 1231.

III. Discussion of Rule

    The COTP is establishing a safety zone from 11 p.m. on April 8,
2017, until 1 a.m. on April 9, 2017, and if necessary due to inclement
weather, from 11 p.m. on April 9, 2017, until 1 a.m. on April 10, 2017.
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 persons and vessels on
the specified navigable waters before, during, and after the scheduled
11:59 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. The regulatory text appears at the end of
this document.

IV. 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This temporary final rule has not
been designated a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, it has not been reviewed by the Office of
Management and Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. In some cases
vessel traffic may be able to safely transit around this safety zone
which would impact a small designated area of Inner Harbor Baltimore
for 2 hours during the evening when vessel traffic is normally low. The
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
band channel 16 to provide information about the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 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
IV.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 (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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this 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 would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this 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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting 2 hours that
would prohibit vessel movement within a portion of Baltimore's Inner
Harbor. Normally such actions are categorically excluded from further
review under paragraph 34(g) of figure 2-1 of Commandant Instruction
M16475.lD. A preliminary environmental analysis checklist and
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

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: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T05-0176 to read as follows:

Sec.  165.T05-0176  Safety Zone for Fireworks Display; Patapsco River,
Inner Harbor, Baltimore, MD.

    (a) Definitions. As used in this section:
    (1) Captain of the Port Maryland-National Capital Region means the
Commander, U.S. Coast Guard Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcement of the
safety zone described in paragraph (a) of this section.
    (b) Location. The following area is a safety zone: All 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.
    (c) Regulations. The general safety zone regulations found in 33
CFR part 165, subpart C apply to the safety zone created by this
section.
    (1) All persons are required to comply with the general regulations
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this safety zone is prohibited
unless authorized by the Coast Guard Captain of the Port Maryland-
National Capital Region. All vessels underway within this safety zone
at the time it is implemented are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone shall
obtain authorization from the Captain of the Port Maryland-National
Capital Region or designated representative. To request permission to
transit the area, the Captain of the Port Maryland-National Capital
Region and or designated representatives can be contacted at telephone
number<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). Upon being hailed
by a U.S. Coast Guard vessel, or other Federal, State, or local agency
vessel, by siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed. If permission is granted to
enter the safety zone, all persons and vessels shall comply with the
instructions of the Captain of the Port Maryland-National Capital
Region or designated representative and proceed as directed while
within the zone.
    (4) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the zone by Federal, State, and local
agencies.
    (d) Enforcement period. This section will be enforced from 11 p.m.
on April 8, 2017, until 1 a.m. on April 9, 2017, and if necessary due
to inclement weather, from 11 p.m. on April 9, 2017, until 1 a.m. on
April 10, 2017.

    Dated: March 28, 2017.
L.P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2017-06451 Filed 3-31-17; 8:45 am]
 BILLING CODE 9110-04-P