[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Proposed Rules]
[Pages 24807-24809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09947]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0199]
RIN 1625-AA00
Safety Zones; July 4th Holiday Fireworks in the Coast Guard
Captain of the Port Maryland-National Capital Region Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish three temporary
safety zones for navigable 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 Severn
River in Anne Arundel County, MD, on July 3, 2021, (with alternate date
of July 5, 2021), Kent Island Narrows (North Approach) in Queen Anne's
County, MD, on July 4, 2021, (with alternate date of July 5, 2021), and
Susquehanna River in Harford County, MD, on July 4, 2021, (with
alternate date of July 5, 2021), during fireworks displays to
commemorate the July 4th holiday. This proposed rulemaking would
prohibit persons and vessels from being in these 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 May 25, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0199 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 Fifth Coast Guard District has been been notified of three
fireworks displays planned throughout the Maryland-National Capital
Region to commemorate the July 4th holiday. Hazards from these
fireworks displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. To respond to
these hazards, the Coast Guard plans to establish temporary safety
zones to protect the nearby public.
1. The Sherwood Forest Club, Inc., of Sherwood Forest, MD, plans to
conduct a fireworks display from 9:20 p.m. to 9:50 p.m. on July 3,
2021. The fireworks are to be launched from the end of the Sherwood
Forest Club main pier, located adjacent to the Severn River,
approximately 200 yards east of Brewer Pond in Sherwood Forest, MD. In
the event of inclement weather, the fireworks display will be scheduled
for July 5, 2021. 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 150
yards of the fireworks discharge site.
2. Queen Anne's County Government, of Centreville, MD, plans to
conduct a fireworks display from 10 p.m. to 10:20 p.m. on July 4, 2021.
The fireworks are to be launched from Kent Island along the Kent Island
Narrows (North Approach) in Chester, MD. In the event of inclement
weather, the fireworks display will be scheduled for July 5, 2021. 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 800 feet of the fireworks
discharge site.
3. The Independence Day Commission of Havre de Grace, MD, plans to
conduct a fireworks display from 9:30 p.m. to 10 p.m. on July 4, 2021.
The fireworks are to be launched from a fireworks barge located in the
Susquehanna River, approximately 300 yards southeast of Concord Point
in Havre de Grace, MD. In the event of inclement weather, the fireworks
display will be scheduled for July 5, 2021. 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 Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of the
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 first 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 is proposing to establish three temporary safety zones for
certain navigable waters within the COTP Maryland-National Capital
Region Zone, as described in 33 CFR 3.25-15, and would be enforced
during the times described below for each zone.
The first safety zone would be enforced from 8:30 p.m. to 10:30
p.m. on July 3, 2021, or if necessary due to inclement weather, from
8:30 p.m. to 10:30 p.m. on July 5, 2021. The safety zone would cover
all navigable waters of the Severn River, within 150 yards of a
fireworks discharge site located at the end of Sherwood Forest Club
main pier in approximate position latitude 39[deg]01'54.0'' N,
longitude 076[deg]32'41.8'' W, Sherwood Forest, MD. The duration of the
zone is intended to ensure the safety of vessels and these navigable
[[Page 24808]]
waters before, during, and after the scheduled 9:20 p.m. to 9:50 p.m.
on July 3, 2021 fireworks display.
The second safety zone would be enforced from 9 p.m. to 11 p.m. on
July 4, 2021, or if necessary due to inclement weather, from 9 p.m. to
11 p.m. on July 5, 2021. The safety zone would cover all navigable
waters of the Kent Island Narrows (North Approach), within 800 feet of
the fireworks launch site at Kent Island in approximate position
latitude 38[deg]58'44.8'' N, longitude 076[deg]14'52.9'' W, in Queen
Anne's County, MD. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 10 p.m. to 10:20 p.m. on July 4, 2021 fireworks display.
The third safety zone would be enforced from 8:30 p.m. to 10:30
p.m. on July 4, 2021, or if necessary due to inclement weather, from
8:30 p.m. to 10:30 p.m. on July 5, 2021. The safety zone would cover
all navigable waters of the Susquehanna River within 200 yards of a
barge in approximate position latitude 39[deg]32'19'' N, longitude
076[deg]04'58.3'' W, located at Havre de Grace, MD. The duration of the
zone is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled 9:30 to 10 p.m. on July
4, 2021 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. 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).
This regulatory action determination is based on the size,
duration, and time-of-day of the safety zones, which would impact small
designated areas of the Severn River, Kent Island Narrows (North
Approach), and Susquehanna River for a total no more than six total
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 five
safety zones lasting six total enforcement hours that would prohibit
entry within portions of the Severn River, Kent Island Narrows (North
Approach), and Susquehanna River. 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
[[Page 24809]]
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. Comments we post to https://www.regulations.gov 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 public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. We review all comments received, but we will only post
comments that address the topic of the proposed rule. We may choose not
to post off-topic, inappropriate, or duplicate comments that we
receive. 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
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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.
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2. Add Sec. 165.T05-0199 to read as follows:
Sec. 165.T05-0199 Safety Zones; July 4th Holiday Fireworks in the
Coast Guard Captain of the Port Maryland-National Capital Region Zone.
(a) Locations. The following areas are a safety zone: These
coordinates are based on datum NAD 83.
(1) Safety Zone 1. All waters of the Severn River, within 150 yards
of a fireworks discharge site located at the end of Sherwood Forest
Club main pier in approximate position latitude 39[deg]01'54.0'' N,
longitude 076[deg]32'41.8'' W, Sherwood Forest, MD.
(2) Safety Zone 2. All navigable waters of the Kent Island Narrows
(North Approach), within 800 feet of the fireworks launch site at Kent
Island in approximate position latitude 38[deg]58'44.8'' N, longitude
076[deg]14'52.9'' W, in Queen Anne's County, MD.
(3) Safety Zone 3. All navigable waters of the Susquehanna River
within 200 yards of a barge in approximate position latitude
39[deg]32'19'' N, longitude 076[deg]04'58.3'' W, located at Havre de
Grace, 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 periods. (1) Paragraph (a)(1) of this section will
be enforced from 8:30 p.m. to 10:30 p.m. on July 3, 2021. If necessary
due to inclement weather on July 3, 2021, it will be enforced from 8:30
p.m. to 10:30 p.m. on July 5, 2021.
(2) Paragraph (a)(2) of this section will be enforced from 9 p.m.
to 11 p.m. on July 4, 2021. If necessary due to inclement weather on
July 4, 2021, it will be enforced from 9 p.m. to 11 p.m. on July 5,
2021.
(3) Paragraph (a)(3) of this section will be enforced from 8:30
p.m. to 10:30 p.m. on July 4, 2021. If necessary due to inclement
weather on July 4, 2021, it will be enforced from 8:30 p.m. to 10:30
p.m. on July 5, 2021.
Dated: May 5, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-09947 Filed 5-7-21; 8:45 am]
BILLING CODE 9110-04-P