Rule2022-14484
Special Local Regulation and Safety Zone; Back River, Baltimore County, MD
Primary source
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Published
July 7, 2022
Effective
July 16, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing temporary regulations for certain waters of the Back River. This action is necessary to provide for the safety of life on these navigable waters near Baltimore County, MD, during a fireworks display on July 16, 2022. This regulation prohibits persons and vessels from being in the regulated area and safety zone unless authorized by the Captain of the Port, Maryland- National Capital Region or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 129 (Thursday, July 7, 2022)</title>
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[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Rules and Regulations]
[Pages 40442-40445]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14484]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG-2022-0374]
RIN 1625-AA08, 1625-AA00
Special Local Regulation and Safety Zone; Back River, Baltimore
County, MD
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary regulations for
certain waters of the Back River. This action is necessary to provide
for the safety of life on these navigable waters near Baltimore County,
MD, during a fireworks display on July 16, 2022. This regulation
prohibits persons and vessels from being in the regulated area and
safety zone unless authorized by the Captain of the Port, Maryland-
National Capital Region or a designated representative.
DATES: This rule is effective from 8 p.m. to 10:30 p.m. on July 16,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0374 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National
Capital Region; telephone 410-576-2674, email <a href="/cdn-cgi/l/email-protection#226612170f66650f714741564d506f660f6c61700f6f43504b4c476754474c565162575141450c4f4b4e"><span class="__cf_email__" data-cfemail="460276736b02016b1523253229340b026b0805146b0b27342f28230330232832350633352521682b2f2a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On February 8, 2022, Fantastic Fireworks, on behalf of Tiki Lee's
Dock Bar, notified the Coast Guard that it will be conducting a
fireworks display between 9 and 10 p.m. on July 16, 2022, as a part of
the ``Shootout on the River'' event activities. The fireworks are to be
launched from a barge in the Back River located near Tiki Lee's Dock
Bar in Sparrows Point, MD. Hazards from firework displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port, Maryland-National
Capital Region (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 420-foot radius of the barge. The Coast Guard
anticipates a large spectator fleet for these events. In response, on
May 20, 2022, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled ``Special Local Regulation and Safety Zone; Back River,
Baltimore County, MD'' (87 FR 30846). There, we stated why we issued
the NPRM, and invited comments on our proposed regulatory action
related to this fireworks event. During the comment period that ended
June 21, 2022, we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the date of the event, it
would be impracticable and contrary to the public interest to make the
regulation effective 30 days after publication in the Federal Register.
Delaying the effective date of this rule would be impracticable and
contrary to the public interest because it would delay the safety
measures necessary to respond to potential safety hazards associated
with this fireworks event. Hazards include explosive materials,
dangerous projectiles, and falling debris. The fireworks fall out zone
extends across the navigable channel.
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) and 46 U.S.C. 70041. The Captain of
the Port, Maryland-National Capital Region (COTP) has determined that
potential hazards associated with the fireworks to be used in the July
16, 2022, display will be a safety concern for anyone intending to
operate within certain waters of Back River in Baltimore County, MD, in
or near the event area.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
20, 2022. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a special local regulation for the area in
the Back River
[[Page 40443]]
in which spectating vessels will transit and gather. The regulated area
covers all navigable waters of Back River within an area bounded by a
line connecting the following points: From the shoreline at Lynch Point
at latitude 39[deg]14'46'' N, longitude 076[deg]26'23'' W, thence
northeast to Porter Point at latitude 39[deg]15'13'' N, longitude
076[deg]26'11'' W, thence north along the shoreline to Walnut Point at
latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to the point of
origin, located in Baltimore County, MD. The regulated area is
approximately 4,200 yards in length and 1,200 yards in width.
In addition to establishing a special local regulation, the COTP is
establishing a temporary safety zone around the fireworks discharge
site, in approximate position latitude 39[deg]15'35.54'' N, longitude
76[deg]26'56.62'' W. The safety zone covers all navigable waters within
420 feet of a fireworks barge in the Back River located near Tiki Lee's
Dock Bar in Sparrow's Point, MD. The duration of the zone is intended
to ensure the safety of vessels and these navigable waters before,
during, and after the scheduled fireworks display. No vessel or person
would 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. 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).
This regulatory action determination is based on the size,
duration, and time-of-day of the special local regulation and safety
zone, which would impact a small designated area of the Back River for
a total of no more than 2.5 enforcement hours during the evening when
vessel traffic is normally low. Moreover, the Coast Guard will issue
Local Notices to Mariners and a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zones.
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 would 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
call or email 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.
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, Rev. 1, associated implementing instructions, 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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area, and within 33 CFR part 165
establishing a temporary safety zone that would prohibit entry within
420 feet of a fireworks barge, both lasting a total of 2.5 consecutive
hours.
[[Page 40444]]
It is categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
A Record of Environmental Consideration supporting this determination
is available in the docket. For instructions on locating the docket,
see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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 parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.501T05-0374 to read as follows:
Sec. 100.501T05-0374 2022 Tiki Lee's Shootout on the River
Fireworks, Back River, Baltimore County, MD.
(a) Locations. All coordinates are based on datum North American
Datum (NAD) 1983.
(1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: From the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin.
(2) [Reserved]
(b) Definitions. As used in this section--
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant, or petty officer who has been
authorized by the COTP to act on his behalf.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Participant means a person or vessel registered with the event
sponsor as participating in the ``2022 Tiki Lee's Shootout on the River
Fireworks'' event, or otherwise designated by the event sponsor as
having a function tied to the event.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
(c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area described in paragraph (a)(1) of this section. When hailed or
signaled by an official patrol, a vessel or person in the regulated
area shall immediately comply with the directions given by the patrol.
Failure to do so may result in the Coast Guard expelling the person or
vessel from the area, issuing a citation for failure to comply, or
both. The COTP Maryland-National Capital Region or Event PATCOM may
terminate the event, or a participant's operations at any time the COTP
Maryland-National Capital Region or Event PATCOM believes it necessary
to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM
and official patrol vessels enforcing the regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a designated spectator area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
(4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(5) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, state, and local agencies.
(e) Enforcement period. This section will be enforced from 8 p.m.
to 10:30 p.m. on July 16, 2022.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. 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.
00170.1, Revision No. 01.2.
0
4. Add Sec. 165.T05-0374 to read as follows:
Sec. 165.T05-0374 Safety Zone; Back River, Baltimore County, MD.
(a) Location. The following area is a safety zone: All navigable
waters of the Back River within 420 feet of the fireworks barge in
approximate position latitude 39[deg]15'35.54'' N, longitude
76[deg]26'56.62'' W. These coordinates are based on datum North
American 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
[[Page 40445]]
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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at 410-576-2693 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 period. This section will be enforced from 8 p.m.
to 10:30 p.m. on July 16, 2022.
Dated: July 1, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2022-14484 Filed 7-6-22; 8:45 am]
BILLING CODE 9110-04-P
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