Rule2024-29455
Safety Zone; New Years Eve Fireworks on the Patapsco River, Baltimore, 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
December 16, 2024
Effective
December 31, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of the Patapsco River. This action is necessary to provide for the safety of life on these navigable waters in Baltimore, MD from potential hazards during a fireworks display to commemorate the New Years Eve. Entry of vessels or persons into this zone is prohibited unless specifically 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 241 (Monday, December 16, 2024)</title>
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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101471-101473]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29455]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1066]
RIN 1625-AA00
Safety Zone; New Years Eve Fireworks on the Patapsco River,
Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Patapsco River. This action is necessary to
provide for the safety of life on these navigable waters in Baltimore,
MD from potential hazards during a fireworks display to commemorate the
New Years Eve. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port, Maryland-
National Capital Region or a designated representative.
DATES: This rule is effective from 11:55 p.m. on December 31, 2024,
through 12:15 a.m. January 1, 2025.
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-
2024-1066 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 Newkirk, Sector Maryland-National Capital
Region Waterways Management Division, U.S. Coast Guard; telephone 410-
576-2570, email <a href="/cdn-cgi/l/email-protection#94dff5e0f1baf9bafaf1e3fffde6ffd4e1e7f7f3baf9fdf8"><span class="__cf_email__" data-cfemail="206b4154450e4d0e4e45574b49524b60555343470e4d494c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port, Maryland-National Capital Region
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 4, 2024, the Baltimore Office of Promotions notified
the Coast Guard that it will be conducting a fireworks display from
11:55 p.m. on December 31, 2024, through 12:15 a.m. January 1, 2025.
The fireworks are to be launched from a fireworks barge located in the
Patapsco River, in position 39[deg]16'36'', N 07 076[deg]35'53'' W.
Hazards from the fireworks display include harm from the accidental
discharge of fireworks, and being hit by dangerous projectiles, 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 300 feet of the fireworks barge.
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because there is
insufficient time to provide notice and opportunity to comment before
the date of the event.
In addition, 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. Delaying the effective date
of this rule would be impracticable and contrary to the public interest
because the rule must be in place within 30 days of the date of
publication to respond to the potential safety hazards associated with
this fireworks display.
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). The COTP has determined that
potential hazards associated with the fireworks to be used in this
December 31, 2024 display will be a safety concern for anyone within a
300-foot radius of the barge. The purpose of this rule is to ensure
safety of vessels and of the navigable waters in the safety zone
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
This rule establishes a safety zone that will be enforced from
11:55 p.m. on December 31, 2024, through 12:15 a.m. January 1, 2025.
The safety zone will cover all navigable waters within 300 feet of a
barge in the Patapsco River located in approximate position latitude
39[deg]16'36'' N, longitude 076[deg]36'53'' W, on the Patapsco River.
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 will 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 as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly,
this rule has not been subject to review by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
duration, and time-of-day of the safety zone, which will
[[Page 101472]]
impact a small, designated area of the Patapsco River for a total of no
more than thirty minutes of total enforcement-hours during the evening,
when vessel traffic is normally low. Moreover, the Coast Guard will
issue Local Broadcast Notice to Mariners via VHF-FM marine channel 16
about the safety zone.
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 regulatory
flexibility analysis provisions of the Act, do not, however, apply to
rules not subject to notice and comment. As the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here. In the spirit of
Sec. 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 a
safety zone lasting 30 minutes that will prohibit entry within 300 feet
of a barge within a portion of the Patapsco River. It is categorically
excluded from further review under paragraph L60(c) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. 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.
0170.1, Revision 01.3.
0
2. Add Sec. 165.T05-1066 to read as follows:
Sec. 165.T05-1066 Safety Zone; December 31, 2024, Fireworks on the
Patapsco River, Baltimore, MD.
(a) Location. The following area is a safety zone: All navigable
waters of the Patapsco River within 300 feet of a fireworks barge in
approximate position latitude 39[deg]16'36'' N, longitude
076[deg]36'53'' W, located at Baltimore, MD.
(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 a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Maryland-National
Capital Region (COTP) in the enforcement of the safety zone.
(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). 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 safety zone will be enforced from
11:55 p.m. on December 31, 2024, through 12:15 a.m. January 1, 2025.
[[Page 101473]]
Dated: December 10, 2024.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2024-29455 Filed 12-13-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 16, 2024.
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