[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Rules and Regulations]
[Pages 44698-44700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14816]



[[Page 44698]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2023-0464]
RIN 1625-AA08; AA00


Special Local Regulation and 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. 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 15, 2023, (alternate date on 
July 16, 2023). 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 to 10:30 p.m. on July 15, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0464 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 CDR Samuel M. Danus, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone 410-576-2519, email 
[email protected].

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 June 7, 2023, 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 15, 2023, 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. In the event of inclement weather on July 
15, 2023, the fireworks display will be conducted between 9 and 10 p.m. 
on July 16, 2023. 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 600 foot radius of the barge. The Coast Guard 
anticipates a large spectator fleet for these events.
    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.
    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 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 and 46 U.S.C. 70041. 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 15, 2023, 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 the Rule

    This rule establishes a special local regulation for the area in 
the Back River 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 
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. 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

[[Page 44699]]

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 Parts 100 and 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.  100.501T05-0464 to read as follows:


Sec.  100.501T05-0464  2023 Tiki Lee's Shootout on the River Fireworks, 
Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on 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

[[Page 44700]]

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 ``2023 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 this 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 15, 2023.

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, 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
4. Add Sec.  165.T05-0464 to read as follows:


Sec.  165.T05-0464  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 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 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 Federal, State, and 
local agencies.
    (e) Enforcement period. This section will be enforced from 8 to 
10:30 p.m. on July 15, 2023, and, if necessary due to inclement weather 
on July 15, 2023, from 8 to 10:30 p.m. on July 16, 2023.

    Dated: July 5, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Maryland-National 
Capital Region.
[FR Doc. 2023-14816 Filed 7-12-23; 8:45 am]
BILLING CODE 9110-04-P


