Special Local Regulations for Marine Events; New Year's Celebration Fireworks, Patapsco River, Baltimore, MD

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]

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