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Special Local Regulations for Marine Events; Inner Harbor, Patapsco River, Baltimore, MD
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 7, 2001 (Volume 66, Number 152)]
[Rules and Regulations]
[Page 41141-41142]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au01-8]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD05-01-040]
RIN 2115-AE46
Special Local Regulations for Marine Events; Inner Harbor,
Patapsco River, Baltimore, MD
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is adopting temporary special local
regulations for the National Aquarium in Baltimore 20th Anniversary
Celebration Fireworks Display, an event to be held over the waters of
the Inner Harbor, Patapsco River, Baltimore, Maryland. These special
local regulations are necessary to provide for the safety of life on
navigable waters during the event. This action is intended to restrict
vessel traffic in portions of the Inner Harbor, Patapsco River during
the event.
DATES: This rule is effective from 9:15 p.m. to 10 p.m. eastern time on
August 8, 2001.
ADDRESSES: Comments and materials received from the public as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-01-040 and are available for inspection or
copying at Commander (Aoax), Fifth Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager,
Commander (Aoax), Fifth Coast Guard District, 431 Crawford Street,
Portsmouth, Virginia 23704-5004, telephone number (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. In keeping with 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast
Guard finds that good cause exists for not publishing a NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. The Coast Guard received the request for special
local regulations on July 12, 2001. We were notified of the need for
special local regulations with insufficient time to publish a NPRM,
allow for comments, and publish a final rule prior to the event on
August 8, 2001. Because of the danger inherent in fireworks displays,
special local regulations are necessary to provide for the safety of
spectators and transiting vessels. For safety reasons, it is in the
public interest to have these regulations in effect during the event.
In addition, there will be extensive advance notifications made to the
maritime community via the Local Notice to Mariners, marine information
broadcasts, and area newspapers so mariners can adjust their plans
accordingly.
Background and Purpose
On August 8, 2001, the National Aquarium in Baltimore will sponsor
a fireworks display above the waters of the Inner Harbor, Patapsco
River. The fireworks will be launched from a barge anchored in the
Inner Harbor. A fleet of spectator vessels is expected to gather near
the event site to view the aerial demonstration. To provide for the
safety of spectators and other transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the event area during the
fireworks display.
Discussion of Regulations
The Coast Guard is establishing temporary special local regulations
on specified waters of the Inner Harbor, Patapsco River, Baltimore,
Maryland. The regulated area is a 140' radius around the fireworks
barge. The temporary special local regulations will be in effect from
9:15 p.m. to 10 p.m. eastern time on August 8, 2001. 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. These regulations are needed to control vessel traffic during the
event 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 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).
Although this regulation prevents traffic from transiting a portion
of the Inner Harbor, Patapsco River during the event, the effect of
this regulation will not be significant due to the limited duration
that the regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via the Local
Notice to Mariners, marine information broadcasts, and area newspapers
so mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in the effected portions of the Inner Harbor, Patapsco River
during the event.
Although this regulation prevents traffic from transiting a portion
of the Inner Harbor, Patapsco River during the event, the effect of
this regulation will not be significant because of the limited duration
that the regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via the Local
Notice to Mariners, marine information broadcasts, and area newspapers
so mariners can adjust their plans accordingly.
Assistance for Small Entities
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 temporary rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 address listed under
ADDRESSES.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to
[[Page 41142]]
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).
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 law 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 concern 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 and direct effect on one or more
Indian tribes, on the relationship between the Federal Governments 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 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We considered the environmental impact of this rule and concluded
that, under figure 2-1, paragraph (34)(h), of Commandant Instruction
M16475.1C, this rule is categorically excluded from further
environmental documentation. Special local regulations issued in
conjunction with a marine event are specifically excluded from further
analysis and documentation under that section. A ``Categorical
Exclusion Determination'' is 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 100 as follows:
PART 100--MARINE EVENTS
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR
100.35.
2. A temporary section, Sec. 100.35T-05-040 is added to read as
follows:
Sec. 100.35T-05-040 Inner Harbor, Patapsco River, Baltimore, Maryland.
(a) Regulated Area. The waters of the Inner Harbor, Patapsco River
enclosed within the arc of a circle with a radius of 140' and its
center located at latitude 39 deg.17'00" N, longitude 076 deg.36'30" W.
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) Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area.
(2) The operator of any vessel in the regulated area 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.
(d) Effective Dates. This section is effective from 9:15 p.m. to 10
p.m. eastern time on August 8, 2001.
Dated: July 26, 2001.
T.C. Paar,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 01-19731 Filed 8-6-01; 8:45 am]
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