[Federal Register: May 13, 2008 (Volume 73, Number 93)]
[Rules and Regulations]               
[Page 27460-27462]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my08-3]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0338]
RIN 1625-AA00

 
Safety Zone; Fireworks Displays, Anacostia River, Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone upon 
specified waters of the Anacostia River. This action is necessary to 
provide for the safety of life on navigable waters during scheduled 
fireworks displays launched along the shoreline near the newly-
constructed Washington Nationals Ballpark, in Washington, DC. This 
action will restrict vessel traffic in a portion of the Anacostia 
River.

DATES: This rule is effective from April 25, 2008 through September 19, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0338 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and the 
Commander, Coast Guard Sector Baltimore, 2401 Hawkins Point Road, 
Baltimore, Maryland 21226-1791, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Mr. Ronald L. Houck, Coast Guard Sector Baltimore, 
at (410) 576-2674 or (410) 576-2693. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and (d)(3), the Coast Guard finds 
that good cause exists for not publishing an NPRM and for making this 
regulation effective less than 30 days after publication in the Federal 
Register. Publishing an NPRM and delaying its effective date would be 
contrary to public interest, since immediate action is needed to 
protect mariners on the Anacostia River against potential hazards 
associated with fireworks displays, such as the accidental discharge of 
fireworks and falling hot embers or other debris.

Request for Comments

    Although we did not publish a notice of proposed rulemaking, we 
encourage you to participate in this rulemaking by submitting comments 
and related materials. If you do so, please include your name and 
address, identify the docket number for this rulemaking (USCG-2008-
0338), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the effective period. We may change this rule in view of them.

Background and Purpose

    Fireworks displays are frequently held from locations on or near 
the navigable waters of the United States. The accidental discharge of 
fireworks and falling hot embers or other debris are a safety concern 
during such events. The Coast Guard has the authority to impose 
appropriate controls on marine events that may pose a threat to 
persons, vessels and facilities under its jurisdiction. The purpose of 
this rule is to promote maritime safety, and to protect mariners 
transiting the area from the potential hazards associated with a 
fireworks display. The rule is needed to

[[Page 27461]]

control movement in a portion of the waterway that is expected to be 
populated by spectators seeking to view the fireworks display and 
mariners operating unknowingly too close to the fireworks discharge 
site.

Discussion of Rule

    During the 2008 Major League Baseball season, the Washington 
Nationals will sponsor a series of scheduled fireworks displays 
launched from the shoreline along the Anacostia River near the 
Washington Nationals Ballpark, in southeast Washington, DC. The planned 
events include a test launch of the aerial fireworks display during the 
``seventh inning stretch'' and a five-minute aerial fireworks display 
launched at the conclusion of the baseball game. Due to the need for 
vessel control during the fireworks display, vessel traffic will be 
restricted to provide for the safety of spectators and transiting 
vessels.
    The Captain of the Port Baltimore, Maryland is establishing a 
safety zone that will be enforced during scheduled fireworks displays 
held over the Anacostia River, near the Washington Nationals Ballpark, 
in Washington, DC. This rule establishes a safety zone on the waters of 
the Anacostia River, within a radius of 350 feet around a fireworks 
discharge site, located at position latitude 38[deg]52'18'' N, 
longitude 077[deg]00'20'' W. The rule will impact the movement of all 
vessels operating in a specified area of the Anacostia River, from 7:30 
p.m. through 11:30 p.m. on the following dates: April 25, 2008; May 2, 
2008; May 9, 2008; May 23, 2008; June 6, 2008; June 20, 2008; June 27, 
2008; July 11, 2008; August 1, 2008; August 15, 2008; August 29, 2008; 
and September 19, 2008.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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. There is little commercial vessel traffic 
during the enforcement periods. Because the safety zone lies entirely 
outside the federal navigation channel, vessel operators may transit 
safely around the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. This rule would affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to operate, remain or anchor within certain waters of the Anacostia 
River, in Washington, DC, from 7:30 p.m. through 11:30 p.m. on April 
25, 2008; May 2, 2008; May 9, 2008; May 23, 2008; June 6, 2008; June 
20, 2008; June 27, 2008; July 11, 2008; August 1, 2008; August 15, 
2008; August 29, 2008; and September 19, 2008. Because the zone is of 
limited size and duration, it is expected that there will be minimal 
disruption to the maritime community. Before the effective period, the 
Coast Guard will issue maritime advisories widely available to users of 
the river to allow mariners to make alternative plans for transiting 
the affected area. In addition, smaller vessels not constrained by 
their draft, which are more likely to be small entities, may transit 
around the safety zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That

[[Page 27462]]

Significantly Affect Energy Supply, Distribution, or Use. We have 
determined that it is not a ``significant energy action'' under that 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866 and is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. The Administrator 
of the Office of Information and Regulatory Affairs has not designated 
it as a significant energy action. Therefore, it does not require a 
Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g.), of the Instruction, from further 
environmental documentation. The rule establishes a temporary safety 
zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.


0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add temporary Sec.  165.T05-0338 to read as follows:


Sec.  165.T05-0338  Safety zone; Fireworks Displays, Anacostia River, 
Washington, DC

    (a) Definitions. For the purposes of this section, Captain of the 
Port, Baltimore, Maryland means the Commander, Coast Guard Sector 
Baltimore or any Coast Guard commissioned, warrant, or petty officer 
who has been authorized by the Captain of the Port, Baltimore, Maryland 
to act on his or her behalf.
    (b) Location. The following area is a safety zone: all waters of 
the Anacostia River, surface to bottom, within a radius of 350 feet 
around a fireworks discharge site which will be located at position 
latitude 38[deg]52'18'' N, longitude 077[deg] 00'20'' W. All 
coordinates reference North American Datum 1983.
    (c) Regulations:
    (1) The general regulations governing safety zones, found in Sec. 
165.23, apply to the safety zone described in paragraph (b) of this 
section.
    (2) Entry into or remaining in this zone is prohibited, unless 
authorized by the Captain of the Port, Baltimore, Maryland.
    (3) Persons or vessels requiring entry into or passage through the 
moving safety zone must first request authorization from the Captain of 
the Port, Baltimore, Maryland to seek permission to transit the area. 
The Captain of the Port, Baltimore, Maryland can be contacted at 
telephone number (410) 576-2693. The Coast Guard vessels enforcing this 
section can be contacted on Marine Band Radio VHF Channel 16 (156.8 
MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light, or other means, the person or vessel shall proceed as 
directed. If permission is granted, all persons or vessels must comply 
with the instructions of the Captain of the Port, Baltimore, Maryland, 
and proceed at the minimum speed necessary to maintain a safe course 
while within the zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State and local agencies.
    (e) Enforcement periods. This section will be enforced from 7:30 
p.m. through 11:30 p.m. on April 25, 2008; May 2, 2008; May 9, 2008; 
May 23, 2008; June 6, 2008; June 20, 2008; June 27, 2008; July 11, 
2008; August 1, 2008; August 15, 2008; August 29, 2008; and September 
19, 2008.

    Dated: April 25, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
 [FR Doc. E8-10536 Filed 5-12-08; 8:45 am]

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