[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Proposed Rules]
[Pages 35028-35031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12310]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0251]
RIN 1625-AA00


Safety Zone for Fireworks Display; Upper Potomac River, 
Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain waters of the Upper Potomac River. This action is 
necessary to provide for the safety of life on these navigable waters 
near the National Mall and Memorial Parks at Washington, DC, on July 4, 
2020, (with alternate date of July 5, 2020) during a fireworks display 
to commemorate the July 4th holiday. This proposed rulemaking would 
prohibit 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. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 18, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0251 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, 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: 

[[Page 35029]]

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, Purpose, and Legal Basis

    On May 4, 2020, the National Park Service notified the Coast Guard 
that, on behalf of the United States, it will be conducting a fireworks 
display on July 4, 2020, in Washington, DC, with a start time between 
9:09 p.m. and 9:20 p.m. On May 27, 2020, the event sponsor notified the 
Coast Guard that the fireworks launch site was changed. The 20-minute 
public fireworks display will be launched from multiple sites along 
Ohio Drive SW, located adjacent to the Upper Potomac River in 
Washington, DC. Multiple fireworks fallout areas of different sizes 
span an area adjacent to the southern three-quarters of West Potomac 
Park. A portion of the fireworks fallout area includes certain waters 
of the Tidal Basin. In the event of inclement weather, the fireworks 
display will be scheduled for July 5, 2020. Hazards from the fireworks 
display includes accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris. The COTP Maryland-
National Capital Region has determined that potential hazards 
associated with the fireworks to be used in this display would be a 
safety concern for anyone near these fireworks discharge sites.
    The Coast Guard is requesting that interested parties provide 
comments within a shortened comment period of 10 days instead of the 
more typical 30 days for this notice of proposed rulemaking. The Coast 
Guard believes a shortened comment period is necessary and reasonable 
to ensure the Coast Guard has time to review and respond to any 
significant comments submitted by the public in response to this NPRM 
and has a final rule in effect in time for the scheduled event.
    The Coast Guard is proposing this rulemaking under authority in 46 
U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone in the Upper 
Potomac River from 8 p.m. on July 4, 2020, to 11 p.m. on July 5, 2020. 
The safety zone would cover all navigable waters of the Upper Potomac 
River, (i) encompassed by a line connecting the following points, 
beginning at the Washington, DC shoreline at latitude 38[deg]53'05.7'' 
N, longitude 077[deg]02'54.7'' W, thence southwest to latitude 
38[deg]52'58.4'' N, longitude 077[deg]03'04.0'' W, thence southeast to 
the northern extent of the 14th Street Bridge Complex (I-395/US-1), at 
mile 96, at latitude 38[deg]52'34.9'' N, longitude 077[deg]02'30.9'' W, 
thence northeast to the Washington, DC shoreline at latitude 
38[deg]52'43.9'' N, longitude 077[deg]02'22.1'' W, thence northwest 
across the entrance to the Tidal Basin and along the shoreline to the 
point of origin; and (ii) within the Tidal Basin, from shoreline to 
shoreline, bounded on the east by a line drawn from the northern 
shoreline at latitude 38[deg]53'12.6'' N, longitude 077[deg]02'27.1'' 
W, thence southeast to the Thomas Jefferson Memorial shoreline, at 
latitude 38[deg]52'55.2'' N, longitude 077[deg]02'15.2'' W, located at 
Washington, DC. The area of the safety zone on the Upper Potomac River 
is approximately 1,200 yards in length and 750 yards in width. The 
duration of the zone is intended to ensure the safety of vessels on 
these navigable waters before, during, and after the scheduled 9:09 
p.m. to 9:40 p.m. fireworks display. No vessel or person would be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The regulatory text we are 
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 location, 
duration, and time-of-day of the safety zone. Vessel traffic would be 
able to safely transit around this safety zone which would impact a 
small designated area of the Upper Potomac River for 3 hours during the 
evening when vessel traffic is normally low. Moreover, the Coast Guard 
would 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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

[[Page 35030]]

Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. We have 
analyzed this proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a safety 
zone lasting 3 hours that would prohibit entry within a portion of the 
Upper Potomac River, including the Tidal Basin. Normally such actions 
are 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 preliminary 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. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 is 
proposing to amend 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.T05-0251 to read as follows:


Sec.  165.T05-0251   Safety Zone for Fireworks Display; Upper Potomac 
River, Washington, DC.

    (a) Location. The following areas are a safety zone: (1) All 
navigable waters of the Upper Potomac River, encompassed by a line 
connecting the following points, beginning at the Washington, DC 
shoreline at latitude 38[deg]53'05.7'' N, longitude 077[deg]02'54.7'' 
W, thence southwest to latitude 38[deg]52'58.4'' N, longitude 
077[deg]03'04.0'' W, thence southeast to the northern extent of the 
14th Street Bridge Complex (I-395/US-1), at mile 96, at latitude 
38[deg]52'34.9'' N, longitude 077[deg]02'30.9'' W, thence northeast to 
the Washington, DC shoreline at latitude 38[deg]52'43.9'' N, longitude 
077[deg]02'22.1'' W, thence northwest across the entrance to the Tidal 
Basin and along the shoreline to the point of origin.
    (2) All navigable waters of the Upper Potomac River, within the 
Tidal Basin, from shoreline to shoreline, bounded on the east by a line 
drawn from the northern shoreline at latitude 38[deg]53'12.6'' N, 
longitude 077[deg]02'27.1'' W, thence southeast to the Thomas Jefferson 
Memorial shoreline, at latitude 38[deg]52'55.2'' N, longitude 
077[deg]02'15.2'' W, located at Washington, DC.
    (3) 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

[[Page 35031]]

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 11 p.m. on July 4, 2020, or if necessary due to inclement weather on 
July 4, 2020, from 8 p.m. to 11 p.m. on July 5, 2020.

    Dated: June 2, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital 
Region.
[FR Doc. 2020-12310 Filed 6-5-20; 8:45 am]
 BILLING CODE 9110-04-P