[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]]

=======================================================================
-----------------------------------------------------------------------

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.

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

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 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 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


