[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Rules and Regulations]
[Pages 24709-24712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11139]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 regulation 
prohibits persons and vessels from being in the safety zones unless 
authorized by the Captain of the Port Baltimore or a designated 
representative.

[[Page 24710]]


DATES: This rule is effective from 8:30 p.m. on July 3, 2019 through 
10:30 p.m. on July 7, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0193 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 Ronald.L.Houck@uscg.mil.

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 Sherwood Forest Club, Inc., notified the Coast Guard that from 
9:20 to 9:50 p.m. on July 3, 2019, it will be conducting a fireworks 
display launched from the end of the Sherwood Forest Club main pier, 
located adjacent to the Severn River, in Sherwood Forest, MD. In the 
event of inclement weather, the fireworks display will be scheduled for 
the same time on July 5, 2019.
    The Marine Trades Association of Baltimore County, Inc. notified 
the Coast Guard that from 9:15 to 9:55 p.m. on July 6, 2019, it will be 
conducting a fireworks display 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 the same time on July 7, 2019.
    The City of Havre de Grace 2019 Independence Day Commission 
notified the Coast Guard that from 9:15 to 9:45 p.m. on July 6, 2019, 
it will be conducting a fireworks display 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 the same 
time on July 7, 2019.
    In response, on April 9, 2019, 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'' (84 FR 14064). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
these three fireworks displays. During the comment period that ended 
May 9, 2019, we received four comments.

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 COTP has determined that 
potential hazards associated with the fireworks to be used in these 
three fireworks displays will be a safety concern for anyone within a 
150-yard radius of the end of Sherwood Forest Club main pier along the 
Severn River, a 200-yard radius of the barge on the Middle River, and a 
200-yard radius of the barge on the Susquehanna River. The purpose of 
this rule is to ensure safety of vessels and the navigable waters in 
the safety zone before, during, and after the scheduled events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received four comments on our NPRM published 
April 9, 2019. The comments were in support of the Coast Guard's 
rulemaking. There are no changes in the regulatory text of this rule 
from the proposed rule in the NPRM as a result of comments. However, 
there is a minor change to coordinates to one of the safety zones. The 
change is in paragraph (a)(2), to the location of ``Safety zone 2.'' 
The proposed rule stated the approximate position of the fireworks 
barge as latitude 39[deg]18'24'' N, longitude 076[deg]24'29'' W. The 
approximate position of the fireworks barge is actually latitude 
39[deg]18'25'' N, longitude 076[deg]2''27'' W. The difference between 
the two locations is approximately 64 yards.
    This rule establishes three safety zones for certain waters within 
the COTP Maryland-National Capital Region Zone, as described in 33 CFR 
3.25-15, which will be enforced during the times described below for 
each zone.
    The first safety zone will cover all navigable waters within 150 
yards of the end of Sherwood Forest Club main pier located along the 
Severn River in Sherwood Forest, MD. A ``FIREWORKS--DANGER--STAY AWAY'' 
sign will 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. on July 3, 2019 fireworks display.
    The second safety zone will cover all navigable waters within 200 
yards of a barge in the Middle River located approximately 300 yards 
southeast of Wilson Point in Baltimore County, MD. ``FIREWORKS--
DANGER--STAY AWAY'' signs will be posted on the port and starboard 
sides of the on-scene barge. 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 9:55 p.m. on July 6, 2019 
fireworks display.
    The third safety zone will cover all navigable waters within 200 
yards of a barge in the Susquehanna River located approximately 300 
yards southeast of Concord Point in Havre de Grace, MD. ``FIREWORKS--
DANGER--STAY AWAY'' signs will be posted on the port and starboard 
sides of the on-scene barge. 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 to 9:45 p.m. on July 6, 2019 fireworks 
display.
    No vessel or person will be permitted to enter the safety zone 
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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), 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-

[[Page 24711]]

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 
contact 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. If 
you believe this 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 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 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 seven hours 
that will prohibit entry within portions of the Severn River, Middle 
River, and Susquehanna River. It is categorically excluded from further 
review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures 5090.1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

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.

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.T05-0193 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]18'25'' N, longitude 076[deg]24'27'' 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.

[[Page 24712]]

    (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 (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. 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: May 23, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2019-11139 Filed 5-28-19; 8:45 am]
 BILLING CODE 9110-04-P


