Safety Zone; July 4th Holiday Fireworks on the Miles River, St. Michaels, MD, 30228-30230 [2021-11820]

Download as PDF 30228 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules must not loiter within the navigable channel while within the regulated area. (4) Only participant vessels and official patrol vessels are allowed to enter and remain within the race area. (5) Only participant vessels and official patrol vessels are allowed to enter and transit directly through the buffer area, in order to arrive at or depart from the race area. (6) 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). (7) 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 a.m. through 6 p.m. on August 29, 2021. Dated: June 1, 2021. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0314] RIN 1625–AA00 Safety Zone; July 4th Holiday Fireworks on the Miles River, St. Michaels, MD Coast Guard, DHS. Notice of proposed rulemaking. khammond on DSKJM1Z7X2PROD with PROPOSALS AGENCY: The Coast Guard is proposing to establish a temporary safety zone for certain waters of the Miles River. This action is necessary to provide for the safety of life on these navigable waters of the Miles River at St. Michaels, MD, on July 3, 2021, (with alternate date of SUMMARY: VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 If you have questions about this proposed rulemaking, call or email MST1 Shaun Landante, Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410–576–2570, email D05-DGSectorMD-NCR-MarineEvents@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis [FR Doc. 2021–11883 Filed 6–4–21; 8:45 am] ACTION: July 4, 2021), during fireworks displays to commemorate the July 4th holiday. This proposed rulemaking would prohibit persons and vessels from being in this safety zone unless authorized by the Captain of the Port MarylandNational 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 22, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2021–0314 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. On May 4, 2021, the Drew Landis Memorial Fireworks Fund, Inc. of St. Michaels, MD, notified the Coast Guard that it will be conducting a fireworks display from 9 p.m. to 9:30 p.m. on July 3, 2021. The fireworks are to be launched from a fireworks barge located in the Miles River, near the entrance to Long Haul Creek, at St. Michaels, MD. In the event of inclement weather, the fireworks display will be scheduled for July 4, 2021. 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 420 feet 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 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 for this notice of proposed rulemaking. The Coast Guard believes the 15-day comment period still provides for a reasonable amount of time for interested parties to review the proposal and provide informed comments on it while also ensuring that the Coast Guard has time to review and respond to any significant comments 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 is proposing to establish a temporary safety zone for certain navigable waters within the Miles River and would be enforced from 8 p.m. to 10:30 p.m. on July 3, 2021, or if necessary due to inclement weather, from 8 p.m. to 10:30 p.m. on July 4, 2021. The safety zone would cover all navigable waters of the Miles River within 420 feet of a barge in approximate position latitude 38°47′55.10″ N, longitude 076°12′43.75″ W, located at the entrance to Long Haul Creek, at St. Michaels, 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 to 9:30 p.m. on July 3, 2021 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. 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 timeof-day of the safety zone, which would impact a small designated area of the Miles River for a total no more than 2.5 E:\FR\FM\07JNP1.SGM 07JNP1 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules enforcement-hours, during the evening when vessel traffic is normally low. This waterway supports mainly recreational vessel traffic, which at its peak, occurs during the summer season. 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. khammond on DSKJM1Z7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:42 Jun 04, 2021 Jkt 253001 (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 a temporary safety zone lasting 2.5 total enforcement hours that would prohibit entry within a portion of the Miles 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 preliminary Record of Environmental PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 30229 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. E:\FR\FM\07JNP1.SGM 07JNP1 30230 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 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: due to inclement weather on July 3, 2021, it will be enforced from 8 p.m. to 10:30 p.m. on July 4, 2021. Dated: June 1, 2021. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2021–11820 Filed 6–4–21; 8:45 am] BILLING CODE 9110–04–P PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS DEPARTMENT OF HOMELAND SECURITY 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. 2. Add § 165.T05–0314 to read as follows: ■ khammond on DSKJM1Z7X2PROD with PROPOSALS Jkt 253001 [Docket Number USCG–2021–0274] Safety Zone; Cumberland River, Mile Markers 128.0–128.3, Clarksville, TN (a) Location. The following area is a safety zone: All navigable waters of the Miles River, within 420 feet of a fireworks barge in approximate position latitude 38°47′55.10″ N, longitude 076°12′43.75″ W, located at the entrance to Long Haul Creek, at St. Michaels, 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 MarylandNational 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 period. This safety zone will be enforced from 8 p.m. to 10:30 p.m. on July 3, 2021. If necessary 16:42 Jun 04, 2021 33 CFR Part 165 RIN 1625–AA00 § 165.T05 –0314 Safety Zone; July 4th Holiday Fireworks on the Miles River, St. Michaels, MD. VerDate Sep<11>2014 Coast Guard Coast Guard, Department of Homeland Security (DHS). ACTION: Notice of proposed rulemaking. AGENCY: The Coast Guard is proposing to establish a temporary safety zone for navigable waters on the Cumberland River from mile 128.0 to mile 128.3. The safety zone is needed to protect life and the marine environment from potential hazards created by the Clarksville Independence Day fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley 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 22, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2021–0274 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. SUMMARY: If you have questions about this proposed rulemaking, call or email Petty Officer Third Class Benjamin Gardner and Marine Safety Detachment Nashville, U.S. Coast Guard; telephone 615–736– 5421, email Benjamin.t.gardner@ uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Coast Guard was notified by the Clarksville Parks and Recreation of a proposed 4th of July celebration fireworks event. The event would take place on July 3, 2021 from 10 p.m. to 10:30 p.m. The fireworks would be launched from land, but would have a significant fallout zone over the Cumberland River. The COTP has determined that potential hazards associated with this fireworks display would be a safety concern for anyone within the fallout zone on the Cumblerand River between mile 128.0 to 128.3. The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The COTP has determined that potential hazards associated with the Clarksville Independence Day Celebration fireworks display will be a safety concern, and a temporary safety zone is needed. This propsed rule is needed to protect life and the marine environment in the navigable waters within the temporary safety zone during the fireworks display. The purpose of this proposed rulemaking is to ensure the safety of life and the navigable waters within a .3 mile span of the river where the fireworks will be fired during, and after the scheduled event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). 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 contrary to the public interest as the temporary safety zone has to be established by July 3 to provide for the safety of life on these navigable waters. III. Discussion of Proposed Rule This proposed rule would establish a safety zone from 10 p.m. until 10:30 p.m. on July 3, 2021. The proposed temporary safety zone would cover all navigable waters of the Tennessee River between miles 128.0 to 128.3. The duration of the zone is intended to protect life and the marine environment on these navigable waters during the fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated E:\FR\FM\07JNP1.SGM 07JNP1

Agencies

[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Proposed Rules]
[Pages 30228-30230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11820]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0314]
RIN 1625-AA00


Safety Zone; July 4th Holiday Fireworks on the Miles River, St. 
Michaels, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain waters of the Miles River. This action is necessary to 
provide for the safety of life on these navigable waters of the Miles 
River at St. Michaels, MD, on July 3, 2021, (with alternate date of 
July 4, 2021), during fireworks displays to commemorate the July 4th 
holiday. This proposed rulemaking would prohibit persons and vessels 
from being in this 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 22, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0314 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 MST1 Shaun Landante, Sector 
Maryland-National Capital Region Waterways Management Division, U.S. 
Coast Guard; telephone 410-576-2570, 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

    On May 4, 2021, the Drew Landis Memorial Fireworks Fund, Inc. of 
St. Michaels, MD, notified the Coast Guard that it will be conducting a 
fireworks display from 9 p.m. to 9:30 p.m. on July 3, 2021. The 
fireworks are to be launched from a fireworks barge located in the 
Miles River, near the entrance to Long Haul Creek, at St. Michaels, MD. 
In the event of inclement weather, the fireworks display will be 
scheduled for July 4, 2021. 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 420 
feet 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 the 15-day comment period still provides for a reasonable 
amount of time for interested parties to review the proposal and 
provide informed comments on it while also ensuring that the Coast 
Guard has time to review and respond to any significant comments 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 is proposing to establish a temporary safety zone for 
certain navigable waters within the Miles River and would be enforced 
from 8 p.m. to 10:30 p.m. on July 3, 2021, or if necessary due to 
inclement weather, from 8 p.m. to 10:30 p.m. on July 4, 2021. The 
safety zone would cover all navigable waters of the Miles River within 
420 feet of a barge in approximate position latitude 38[deg]47'55.10'' 
N, longitude 076[deg]12'43.75'' W, located at the entrance to Long Haul 
Creek, at St. Michaels, 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 to 9:30 p.m. on July 3, 2021 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. 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 zone, which would impact a 
small designated area of the Miles River for a total no more than 2.5

[[Page 30229]]

enforcement-hours, during the evening when vessel traffic is normally 
low. This waterway supports mainly recreational vessel traffic, which 
at its peak, occurs during the summer season. 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 a 
temporary safety zone lasting 2.5 total enforcement hours that would 
prohibit entry within a portion of the Miles 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 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.

[[Page 30230]]

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.T05-0314 to read as follows:


Sec.  165.T05 -0314   Safety Zone; July 4th Holiday Fireworks on the 
Miles River, St. Michaels, MD.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Miles River, within 420 feet of a fireworks barge in 
approximate position latitude 38[deg]47'55.10'' N, longitude 
076[deg]12'43.75'' W, located at the entrance to Long Haul Creek, at 
St. Michaels, 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 period. This safety zone will be enforced from 8 
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 p.m. to 10:30 p.m. 
on July 4, 2021.

    Dated: June 1, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2021-11820 Filed 6-4-21; 8:45 am]
BILLING CODE 9110-04-P
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