[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Proposed Rules]
[Pages 14064-14067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06948]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0193]
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 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 Severn 
River at Sherwood Forest, MD, on July 3, 2019, (with alternate date of 
July 5, 2019), the Middle River in Baltimore County, MD, on July 6, 
2019, (with alternate date of July 7, 2019), and the Susquehanna River 
at Havre de Grace, MD, on July 6, 2019, (with alternate date of July 7, 
2019), during fireworks displays to commemorate the July 4th holiday. 
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 May 9, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0193 using the Federal eRulemaking Portal at http://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 Sherwood Forest Club, Inc., of Sherwood Forest, MD, notified 
the Coast Guard that it will be conducting a fireworks display on July 
3, 2019, at 9:20 p.m. The private fireworks display is 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, 2019. Hazards from the fireworks 
displays 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 150 yards of the fireworks discharge 
site.
    The Marine Trades Association of Baltimore County, Inc. of 
Baltimore, MD, notified the Coast Guard that it will be conducting a 
fireworks display on July 6, 2019, at 9:15 p.m. The private fireworks 
display is to be launched from a fireworks barge located in the Middle 
River, approximately 300 yards southeast of Wilson Point in Baltimore 
County, MD. In the event of inclement weather, the fireworks display 
will be scheduled for July 7, 2019. Hazards from the fireworks displays 
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 2019 Independence Day Commission of Havre de Grace, MD, 
notified the Coast Guard that it will be conducting a fireworks display 
on July 6, 2019, at 9:15 p.m. The public fireworks display is 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 7, 2019. Hazards from the fireworks displays 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 these displays would be a safety concern for anyone within 
200 yards of the fireworks barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
on the navigable waters of the Severn River within 150 yards of the 
fireworks discharge site, the Middle River within 200 yards of the 
fireworks barge, and the Susquehanna River within 200 yards of the 
fireworks barge before, during, and after the scheduled events. The 
Coast Guard proposes this rulemaking under authority in 46 U.S.C. 
70034.

III. Discussion of Proposed Rule

    The COTP proposes to establish three 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 a.m. on July 3, 2019, through 10:30 p.m. on July 7, 
2019, and would be enforced

[[Page 14065]]

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, 2019, or if necessary due to inclement weather, from 
8:30 p.m. to 10:30 p.m. on July 5, 2019. This 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. A ``FIREWORKS--DANGER--STAY 
AWAY'' sign would be posted on land adjacent to the shoreline, near the 
location. 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. fireworks display.
    The second safety zone would be enforced from 8 p.m. to 10:30 p.m. 
on July 6, 2019, or if necessary due to inclement weather, from 8 p.m. 
to 10:30 p.m. on July 7, 2019. The safety zone would cover all 
navigable waters of the Middle River, within 200 yards of a fireworks 
barge in approximate position latitude 39[deg]18'24'' N, longitude 
076[deg]24'29'' W, located in Baltimore County, MD. A ``FIREWORKS--
DANGER--STAY AWAY'' sign would be posted on the port and starboard 
sides of the barge on-scene near the location. The duration of the zone 
is intended to ensure the safety of vessels and these navigable waters 
before, during, and after the scheduled 9:15 p.m. to 9:45 p.m. 
fireworks display.
    The third safety zone would be enforced from 8 p.m. to 10:30 p.m. 
on July 6, 2019, or if necessary due to inclement weather, from 8 p.m. 
to 10:30 p.m. on July 7, 2019. The safety zone would cover all 
navigable waters of the Susquehanna River, within 200 yards of a 
fireworks barge in approximate position latitude 39[deg]32'19'' N, 
longitude 076[deg]04'58.3'' W, located at Havre de Grace, MD. A 
``FIREWORKS--DANGER--STAY AWAY'' sign would be posted on the port and 
starboard sides of the barge on-scene near the location. The duration 
of the zone is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the scheduled 9:15 p.m. to 
9:45 p.m. fireworks display.
    Vessels or persons would be required to obtain permission from the 
COTP or COTP's designated representative before entering the safety 
zone. 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 small 
designated areas of the Severn River, Middle River, and Susquehanna 
River for a total of approximately seven 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 contact 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 contact 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

[[Page 14066]]

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 Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 three 
safety zones that would prohibit entry within portions of the Severn 
River, Middle River, and Susquehanna River. The rule would be in effect 
between 8:30 a.m. on July 3, 2019 through 10:30 p.m. on July 7, 2019, 
and would be enforced for approximately seven hours over this time. 
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. 01. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES. 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 contact 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 http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact 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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://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 proposes 
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.T05-0193 to read as follows:


Sec.  165.T05-0193   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. All 
coordinates refer to datum NAD 1983.
    (1) Safety zone 1. 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, located at Sherwood Forest, MD.
    (2) Safety zone 2. All navigable waters of the Middle River, within 
200 yards of a fireworks barge in approximate position latitude 
39[deg]18'24'' N, longitude 076[deg]24'29'' W, located in Baltimore 
County, MD.
    (3) Safety zone 3. All navigable waters of the Susquehanna River, 
within 200 yards of a fireworks 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:
    (1) Captain of the Port (COTP) means the Commander, U.S. Coast 
Guard Sector Maryland-National Capital Region.
    (2) 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 the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative. All vessels underway within this 
safety zone at the time it is activated are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's 
designated 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. These safety zones will be enforced during the 
periods described in paragraph (f) of this section. A ``FIREWORKS--
DANGER--STAY AWAY'' sign will be posted on land adjacent to the 
shoreline, near the location described in paragraph (a)(1) of this 
section. A ``FIREWORKS--DANGER--STAY AWAY'' sign will be posted on the 
port and starboard sides of the barge on-scene near the locations 
described in paragraphs (a)(2) and (a)(3) of this section.
    (f) 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, 2019. If necessary 
due to inclement weather on July 3rd, it will be enforced from 8:30 
p.m. to 10:30 p.m. on July 5, 2019.
    (2) Paragraph (a)(2) of this section will be enforced from 8 p.m. 
to 10:30 p.m.

[[Page 14067]]

on July 6, 2019. If necessary due to inclement weather on July 6th, it 
will be enforced from 8 p.m. to 10:30 p.m. on July 7, 2019.
    (3) Paragraph (a)(3) of this section will be enforced from 8 p.m. 
to 10:30 p.m. on July 6, 2019. If necessary due to inclement weather on 
July 6th, it will be enforced from 8 p.m. to 10:30 p.m. on July 7, 
2019.

    Dated: April 2, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-06948 Filed 4-8-19; 8:45 am]
 BILLING CODE 9110-04-P


