[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Rules and Regulations]
[Pages 20593-20596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07094]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0061]
RIN 1625-AA00


Safety Zone for Fireworks Displays; Upper Potomac River, 
Washington Channel, DC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for

[[Page 20594]]

certain waters of the Upper Potomac River. This action is necessary to 
provide for the safety of life on these navigable waters of the 
Washington Channel adjacent to The Wharf DC, Washington, DC, for 
recurring fireworks displays from April 4, 2020, through December 31, 
2020. 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 without actual notice from April 14, 2020 
through December 31, 2020. For the purposes of enforcement, actual 
notice will be used from April 4, 2020, until April 14, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0061 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ron Houck, Sector Maryland-National Capital Region 
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, 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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 9, 2020, Pyrotecnico, Inc., of New Castle, PA, notified 
the Coast Guard that it will be conducting seven fireworks displays, 
sponsored by The Wharf DC, from 7 p.m. to 11:59 p.m. for various events 
from April 4, 2020, through December 31, 2020. The fireworks are to be 
launched from a barge in the Washington Channel, adjacent to The Wharf 
DC in Washington, DC. The fireworks company has provided dates for two 
of the events, April 4, 2020, and December 5, 2020. However, the dates 
for the remaining five events have not yet been finalized.
    On February 14, 2020, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Safety Zone for Fireworks Displays; 
Upper Potomac River, Washington Channel, DC'' (85 FR 8507). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to these fireworks displays. During the 
comment period that ended March 16, 2020, 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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the fireworks 
displays, including the accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris.

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 Captain of the Port Maryland-
National Capital Region (COTP) has determined that potential hazards 
associated with the fireworks to be used in these displays will be a 
safety concern for anyone within 200 feet of the fireworks barge. The 
purpose of this rule is to ensure safety of vessels and the navigable 
waters in the safety zone before, during, and after the scheduled 
events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
February 14, 2020. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a temporary recurring safety zone in the 
Washington Channel from April 4, 2020, through December 31, 2020. The 
safety zone will cover all navigable waters of the Washington Channel 
within 200 feet of the fireworks barge. It is anticipated that the 
safety zone will be activated for seven separate events during 2020. 
For each event, the barge will be located within an area bounded on the 
south by latitude 38[deg]52'30'' N, and bounded on the north by the 
Francis Case (I-395) Memorial Bridge, located at Washington, DC. The 
safety zone will be enforced from 7 p.m. until 11:59 p.m. for each 
fireworks display scheduled from April 4, 2020, through December 31, 
2020. Prior to enforcement, the COTP will provide notice by publishing 
a Notice of Enforcement at least 2 days in advance of the event in the 
Federal Register, as well as issuing a Local Notice to Mariners and 
Broadcast Notice to Mariners at least 24 hours in advance. 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
duration, and time-of-day of the safety zone. It is anticipated that 
the safety zone will be activated for seven separate events during 
2020. Although vessel traffic will not be able to safely transit around 
this safety zone when being enforced, the impact will be for 5 hours or 
less for each of the 7 fireworks events (35 total enforcement hours or 
fewer) during the evening when vessel traffic in Washington Channel is 
normally low. Moreover, the Coast Guard will issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the 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 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.

[[Page 20595]]

    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 will 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 a 
safety zone that will be in effect for the entire year, however, when 
activated, it will last less than 5 hours and prohibit entry within a 
portion of the Washington Channel. 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 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T05-0061 to read as follows:


Sec.  165.T05-0061  Safety Zone for Fireworks Displays; Upper Potomac 
River, Washington Channel, Washington, DC.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Washington Channel within 200 feet of the fireworks barge 
which will be located within an area bounded on the south by latitude 
38[deg]52'30'' N, and bounded on the north by the southern extent of 
the Francis Case (I-395) Memorial Bridge, located at Washington, DC. 
These coordinates are based on datum NAD 1983.
    (b) Definitions. As used in this section--
    (1) Captain of the Port (COTP) means the Commander, U.S. Coast 
Guard Sector Maryland-National Capital Region.
    (2) 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. All vessels underway within this 
safety zone at the time it is activated are to depart the zone.
    (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. This safety zone will be enforced April 4, 2020, 
through December 31, 2020, from 7 p.m. to 11:59

[[Page 20596]]

p.m. each day that a barge with a ``FIREWORKS--DANGER--STAY AWAY'' sign 
on the port and starboard sides is on-scene or a ``FIREWORKS--DANGER--
STAY AWAY'' sign is posted on land adjacent to the shoreline, near the 
location described in paragraph (a) of this section. The enforcement 
times of this section are subject to change, but the duration of each 
enforcement of the zone is expected to be 5 hours or less. Prior to 
enforcement, the COTP will provide notice by publishing a Notice of 
Enforcement at least 2 days in advance of the event in the Federal 
Register, as well as issuing a Local Notice to Mariners and Broadcast 
Notice to Mariners at least 24 hours in advance.

    Dated: March 26, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2020-07094 Filed 4-13-20; 8:45 am]
 BILLING CODE 9110-04-P