[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Proposed Rules]
[Pages 47937-47939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17366]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0435]
RIN 1625-AA00


Safety Zone; Patuxent and Patapsco Rivers, Solomons, MD, and 
Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish two temporary safety 
zones for certain waters within the Captain of the Port Maryland-
National Capital Region Zone. This action is necessary to provide for 
the safety of life on these navigable waters of the Patuxent River at 
Solomons, MD, on September 5, 2020, (with alternate date of September 
6, 2020), and Patapsco River (Inner Harbor) at Baltimore, MD, on 
October 2, 2020, (with no alternate date), during fireworks displays. 
This proposed rulemaking would prohibit persons and vessels from being 
in the safety zones 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 August 24, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0435 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:

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

    The Solomons Business Association, of Solomons, MD, notified the 
Coast Guard that it will be conducting a fireworks display on September 
5, 2020, at 9 p.m. The fireworks display is to be launched from a barge 
located in the Patuxent River, near Solomons, MD. In the event of 
inclement weather, the fireworks display will be rescheduled for 
September 6, 2020. Hazards from the fireworks display include 
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 within 200 
yards of the fireworks barge.
    The Baltimore Office of Protion and The Arts, of Baltimore, MD, 
notified the Coast Guard that it will be conducting a fireworks display 
on October 2, 2020, at 9 p.m. The fireworks display is to be launched 
from a barge located in the Patapsco River (Inner Harbor), at 
Baltimore, MD. Hazards from the fireworks display include 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 within 100 
yards of the fireworks barge.
    The Coast Guard is requesting that interested parties provide 
comments within a shortened comment period of 15 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 two temporary safety zones for 
certain waters within the Captain of the Port Maryland-National Capital 
Region Zone, as described in 33 CFR 3.25-15. This rule would be 
effective from 8:30 p.m. on September 5, 2020, through 10 p.m. on 
October 2, 2020, and would be enforced during the times described below 
for each zone.
    The safety zone for the fireworks event at Solomons, MD, would be

[[Page 47938]]

enforced from 8 p.m. to 10:30 p.m. on September 5, 2020, or if 
necessary due to inclement weather on September 6, 2020, during those 
same hours. This zone would cover all navigable waters of the Patuxent 
River within 200 yards of the fireworks barge in approximate position 
latitude 38[deg]19'18'' N, longitude 076[deg]27'45'' W, located 
approximately 700 feet from shore at Solomons, MD. The duration of the 
regulation and enforcement of the safety zone is intended to ensure the 
safety of vessels on these navigable waters before, during, and after 
the scheduled 9 p.m. to 9:30 p.m. fireworks display.
    The safety zone for the fireworks event at Baltimore, MD, would be 
enforced from 8 p.m. to 10 p.m. on October 2, 2020. This zone would 
cover all navigable waters of the Patapsco River, Inner Harbor, within 
100 yards of the fireworks barge in approximate position latitude 
39[deg]17'01.54'' N, longitude 076[deg]36'31.81'' W, located 
approximately 290 feet southwest of Inner Harbor pier 3, at Baltimore, 
MD. The duration and enforcement of the safety zone is intended to 
ensure the safety of vessels on these navigable waters before, during, 
and after the scheduled 9 p.m. to 9:08 p.m. fireworks display.
    No vessel or person would be permitted to enter these safety zones 
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 the size, 
duration, and time-of-day of the safety zones, which would impact only 
small designated areas of the Patuxent River and the Patapsco River 
(Baltimore Inner Harbor) for a maximum of 7 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 
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 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 two safety 
zones lasting a total of 5.5 enforcement hours that would prohibit 
entry within portions of the Patuxent River, and Patapsco River

[[Page 47939]]

(Inner Harbor). 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.T05-0435 to read as follows:


Sec.  165.T05-0435   Safety Zones; Fireworks Displays in the Coast 
Guard Captain of the Port Maryland-National Capital Region Zone.

    (a) Locations. The following areas are a safety zone. All 
coordinates are based on datum NAD 83.
    (1) Safety zone 1. All navigable waters of the Patuxent River 
within 200 yards of the fireworks barge in approximate position 
latitude 38[deg]19'18'' N, longitude 076[deg]27'45'' W, located 
approximately 700 feet from shore at Solomons, MD.
    (2) Safety zone 2. All navigable waters of the Patapsco River, 
Inner Harbor, within 100 yards of the fireworks barge in approximate 
position latitude 39[deg]17'01.54'' N, longitude 076[deg]36'31.81'' W, 
located approximately 290 feet southwest of Inner Harbor pier 3, 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 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 any 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 either safety zone described 
in paragraph (a) of this section while being enforced unless authorized 
by the COTP or the COTP's designated representative. All vessels 
underway within a safety zone at the time enforcement is activated for 
that zone 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 a safety zone during enforcement 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 periods. (1) Paragraph (a)(1) of this section will 
be enforced from 8 p.m. to 10:30 p.m. on September 5, 2020, or if 
necessary due to inclement weather on September 5, 2020, from 8 p.m. to 
10:30 p.m. on September 6, 2020.
    (2) Paragraph (a)(2) of this section will be enforced from 8 p.m. 
to 10 p.m. on October 2, 2020.

    Dated: August 4, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital 
Region.
[FR Doc. 2020-17366 Filed 8-6-20; 8:45 am]
BILLING CODE 9110-04-P