Safety Zones; July 4th Holiday Fireworks in the Coast Guard Captain of the Port Maryland-National Capital Region Zone, 30178-30180 [2021-11825]
Agencies
[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Rules and Regulations]
[Pages 30178-30180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11825]
[[Page 30178]]
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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, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 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 from 8:30 p.m. on July 3, 2021 through 11
p.m. on July 5, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0199 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
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. In response, on May 10,
2021, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled ``Safety Zones; July 4th Holiday Fireworks in the Coast Guard
Captain of the Port Maryland-National Capital Region Zone'' (86 FR
24807). 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 May 25, 2021, 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.
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 July 3, 2021 and July
4, 2021 displays will be a safety concern for anyone approaching the
fireworks discharge sites. The purpose of this rule is to ensure safety
of vessels and the navigable waters in the safety zones 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 May
10, 2021. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes 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 will be enforced during the times
described below for each zone.
The first safety zone will 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 will 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 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 will 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 will 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 will 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 will 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 will be permitted to enter these safety zones
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. 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).
This regulatory action determination is based on size, duration,
and time-of-
[[Page 30179]]
day of the safety zones, which will 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 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.
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 three
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. 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.T05-0199 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--
[[Page 30180]]
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: June 1, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-11825 Filed 6-4-21; 8:45 am]
BILLING CODE 9110-04-P
