Rule2024-13642
Safety Zone; Back River, Baltimore County, MD
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 21, 2024
Effective
July 20, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing temporary regulations for certain waters of the Back River, near Baltimore County, MD. This action is necessary to provide for the safety of life on these navigable waters during a fireworks display on July 20, 2024 (or on an alternate date of July 21, 2024). This regulation prohibits persons and vessels from being in the 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 89 Issue 120 (Friday, June 21, 2024)</title>
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[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Rules and Regulations]
[Pages 51974-51976]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13642]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0541]
RIN 1625-AA00
Safety Zone; Back River, Baltimore County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary regulations for
certain waters of the Back River, near Baltimore County, MD. This
action is necessary to provide for the safety of life on these
navigable waters during a fireworks display on July 20, 2024 (or on an
alternate date of July 21, 2024). This regulation prohibits persons and
vessels from being in 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 8 p.m. to 10:30 p.m. on July 20,
2024.
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-
2023-0541 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 about this rule,
call or email LCDR Kate M. Newkirk, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2519, email
<a href="/cdn-cgi/l/email-protection#5b161f151809163a2932353e1e2d3e352f281b2e28383c75363237"><span class="__cf_email__" data-cfemail="0a474e444958476b7863646f4f7c6f647e794a7f79696d24676366">[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
In ``Tiki Lee's Shootout on the River High Speed Power Boat''
event, approximately 40 participants compete with one another,
completing individually timed power boat speed runs on a designated,
marked, linear course. See an NPRM (notice of proposed rulemaking) at
89 FR 34173 (April 30, 2024) for more information about a Special Local
Regulation proposed to accommodate this event on an annual basis.
On June 11, 2024, Fantastic Fireworks, on behalf of Tiki Lee's Dock
Bar, notified the Coast Guard that it will be conducting fireworks
display between 9 and 10 p.m. on July 20, 2024, as a part of the
``Shootout on the River'' event activities this year. The fireworks are
to be launched from a barge located on the Back River, near Tiki Lee's
Dock Bar, in Sparrows Point, MD. In the event of inclement weather on
July 20, 2024, the fireworks display will be conducted between 9 and 10
p.m. on July 21, 2024.
The Coast Guard is issuing this temporary 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 (NPRM)
with respect to this rule because immediate action is needed to respond
to the potential safety hazards associated with fireworks debris and
the anticipated large spectator fleet.
In addition, the Coast Guard finds that good cause exists under 5
U.S.C. 553(d)(3) 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 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Coast Guard anticipates a large spectator fleet for the
events. The Captain of the Port, Sector Maryland-National Capital
Region (COTP) has determined that potential hazards associated with the
fireworks to be used in the July 20, 2024, display will be a safety
concern for anyone within a 600-foot radius of the fireworks barge.
Potential hazards from firework displays include accidental discharge
of fireworks, dangerous projectiles, and falling hot embers or other
debris.
IV. Discussion of the Rule
The fireworks fallout zone extends across the navigable channel.
The Coast Guard is establishing a temporary safety zone around the
fireworks discharge site, in approximate position latitude
39[deg]15'43.13'' N, longitude 76[deg]27'28.41'' W. The safety zone
covers all navigable waters within 600 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.
[[Page 51975]]
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 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
regulated area or 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
600 feet of a fireworks barge, both lasting a total of 2.5 consecutive
hours. It is categorically excluded from further review under paragraph
L61 and 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 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0541 to read as follows:
Sec. 165.T05-0541 Safety Zone; Back River, Baltimore County, MD.
(a) Location. The following area is a safety zone: All navigable
waters of the Back River within 600 feet of the
[[Page 51976]]
fireworks barge in approximate position latitude 39[deg]15'43.13'' N,
longitude 76[deg]26'28.41'' W. These coordinates are based on 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 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 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 20, 2024, and, if necessary due to inclement
weather on July 21, 2024, from 8 p.m. to 10:30 p.m.
Dated: June 17, 2024.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Maryland-National
Capital Region.
[FR Doc. 2024-13642 Filed 6-20-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 21, 2024.
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