[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Proposed Rules]
[Pages 15347-15349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05693]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / 
Proposed Rules  

[[Page 15347]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0131]
RIN 1625-AA00


Safety Zones; Recurring Marine Events and Fireworks Displays 
Within the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to amend its safety zones 
established for recurring marine events and fireworks displays that 
take place within the Fifth Coast Guard District area of 
responsibility. This Notice of Proposed Rule Making (NPRM) addresses a 
minor revision to the listing of events that informs the public of 
regularly scheduled fireworks displays that require additional safety 
measures provided by regulations. Through this proposed final rule, the 
current list of recurring marine events requiring safety zones would be 
updated with two additional events that take place in the Sector 
Virginia area of responsibility. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 18, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0131 using the Federal Decision Making 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, email LCDR Ashley Holm, Sector Virginia, Waterways 
Management Division, U.S. Coast Guard, Telephone: 757-668-5580, 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
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard regularly updates the regulations for recurring 
safety zones within the Fifth Coast Guard District at 33 CFR 165.506, 
and its respective tables. These recurring safety zones are for 
fireworks displays that take place either on or over the navigable 
waters of the Fifth Coast Guard District as defined at 33 CFR 3.25. 
These regulations were last amended October 15, 2021 (86 FR 57358). 
Since then, two recurring marine events within the Fifth Coast Guard 
District have changed in a way that require establishment of a safety 
zone for protection of life, property and the environment. Hazards 
associated with these events include potential falling debris and 
possible fire, explosion, projectile, and burn hazards. The purpose of 
this rulemaking is to ensure the safety of persons, vessels, and the 
navigable waters within close proximity to fireworks displays before, 
during, and after the scheduled events.
    The Coast Guard is conducting this rulemaking under authority in 46 
U.S.C. 70034 (previously, 33 U.S.C. 1231). The Secretary has delegated 
ports and waterways authority, with certain reservations not applicable 
here, to the Commandant via DHS Delegation No. 0170.1(II) (70). The 
Commandant has further delegated these authorities within the Coast 
Guard as described in 33 CFR 1.05-1 and 6.04-6.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish two new safety zones to 
cover waters in the vicinity of certain fireworks displays in order to 
ensure public safety on the waterway during these events.
    The first safety zone would be enforced on the third or fourth 
Saturday in July of each year, beginning in July 2022, between 9:30 
p.m. and 10 p.m. and cover all waters of John H. Kerr Reservoir within 
a 400 yard radius of approximate position latitude 36[deg]37'51'' N, 
longitude 078[deg]32'50'' W, located near the center span of the State 
Route 15 Highway Bridge.
    The second safety zone would be enforced on the evening of the 
first or second Saturday or Sunday in June of each year, beginning in 
June 2022, between 9:30 p.m. and 10 p.m. and cover the waters all 
waters of the Elizabeth River within a 500-yard radius of approximate 
position of the fireworks barge at latitude 36[deg]50'41'' N, longitude 
076[deg]17'47'' W, located near Town Point Park in Norfolk, VA.
    Dates and times are subject to change in accordance with existing 
regulatory text found in 33 CFR 165.506(c).
    The duration of the zones are intended to ensure the safety of 
vessels and these navigable waters before, during, and after each 
scheduled fireworks display. No vessel or person would be permitted to 
enter the safety zones 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 short amount 
of time that vessels will be restricted from certain parts of the 
waterway and the small size of these areas that are usually positioned 
away from high vessel traffic zones. Generally vessels would not be 
precluded from getting underway, or mooring at any piers or marinas

[[Page 15348]]

currently located in the vicinity of the regulated areas. Advance 
notifications will also be made to the local maritime community by 
issuance of Local Notice to Mariners, Broadcast Notice to Mariners via 
VHF-FM marine channel 16, and Marine Safety Information or Security 
Bulletins so mariners can adjust their plans accordingly. Notifications 
to the public for most events will typically be made by local 
newspapers, radio and TV stations. The Coast Guard anticipates that 
these safety zones will only be enforced for limited durations, less 
than 24 hours, occurring on specific dates throughout the year.

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. These safety zones will not 
have a significant economic impact on a substantial number of small 
entities for the following reasons: The Coast Guard will ensure that 
small entities are able to operate in the areas where events are 
occurring to the extent possible while ensuring the safety of the 
public. The enforcement period will be short in duration and permission 
to enter, remain in, or transit through these regulated areas during 
the enforcement may be given when deemed safe to do so by the event 
PATCOM on scene.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 potential effects of 
this proposed 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 
implementation of regulations within 33 CFR part 165 that apply to 
recurring safety zones for fireworks displays that take place either on 
or over the navigable waters of the United States. Some events by their 
nature may introduce potential for adverse impact on the safety or 
other interest of waterway users or waterfront infrastructure within or 
close proximity to the event area. 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. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0131 in the 
search box and click ``Search.'' Next, look for this

[[Page 15349]]

document in the Search Results column, and click on it. Then click on 
the Comment option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. 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.
    Personal information. 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 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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. 
00170.1, Revision No. 1.2.

0
2. In Sec.  165.506, amend table 3 in paragraph (h)(3) by adding 
entries 12 and 13 to read as follows:


Sec.  165.506   Safety Zones; Fireworks Displays in the Fifth Coast 
Guard District.

* * * * *
    (3) Coast Guard Sector Virginia--COTP Zone

                                           Table 3 to Paragraph (h)(3)
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
12...........................  July--3rd or 4th          John H. Kerr Reservoir,   All waters of John H. Kerr
                                Saturday.                 Clarksville, VA; Safety   Reservoir within a 400-yard
                                                          Zone.                     radius of approximate
                                                                                    position latitude
                                                                                    36[deg]37'51'' N, longitude
                                                                                    078[deg]32'50'' W, located
                                                                                    near the center span of the
                                                                                    State Route 15 Highway
                                                                                    Bridge.
13...........................  June--first or second     Elizabeth River, Town     All waters of the Elizabeth
                                Saturday or Sunday.       Point Reach, Norfolk,     River, Town Point Reach
                                                          VA; Safety Zone.          within a 500-yard radius of
                                                                                    approximate position of the
                                                                                    fireworks barge latitude
                                                                                    36[deg]50'41'' N, longitude
                                                                                    076[deg]17'47'' W, in
                                                                                    vicinity of Town Point Park
                                                                                    in Norfolk, VA.
----------------------------------------------------------------------------------------------------------------


    Dated: March 14, 2022.
L.M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2022-05693 Filed 3-17-22; 8:45 am]
BILLING CODE 9110-04-P


