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.

Proposed Rules Federal Register

15347 

Vol. 87, No. 53 

Friday, March 18, 2022 

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: 

virginiawaterways@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 

PATCOM Patrol Commander 

§ 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°37′51′′ 

N, longitude 078°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°50′41′′ N, longitude 

076°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 


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15348 Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Proposed Rules 

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 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Proposed Rules 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 

■ 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. 

■ 2. In § 165.506, amend table 3 in 

paragraph (h)(3) by adding entries 12 

and 13 to read as follows: 

§ 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 Saturday ...... John H. Kerr Reservoir, 

Clarksville, VA; Safety Zone.

All waters of John H. Kerr Reservoir within a 400-yard radius of approximate position latitude 36°37′51′′ N, longitude 078°32′50′′ W, located near the center span of the 

State Route 15 Highway Bridge. 

13 ..................... June—first or second Saturday or Sunday.Elizabeth River, Town Point 

Reach, Norfolk, VA; Safety 

Zone.

All waters of the Elizabeth River, Town Point Reach within a 

500-yard radius of approximate position of the fireworks 

barge latitude 36°50′41′′ N, longitude 076°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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–OLEM–2016–0153, OLEM–2021– 

0455, OLEM–2022–0190, 0191, 0192, and 

0193; FRL–9185–01–OLEM] 

National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; withdrawal of 

proposed rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow the EPA to 

assess the nature and extent of public 

health and environmental risks 

associated with the site and to 

determine what CERCLA-financed 

remedial action(s), if any, may be 

appropriate. This rule proposes to add 

five sites to the General Superfund 

section of the NPL. This document also 

withdraws a previous proposal for NPL 

addition. 

DATES: Comments regarding any of these 

proposed listings must be submitted 

(postmarked) on or before May 17, 2022. 

As of March 18, 2022, the proposed 

rule published April 7, 2016, at 81 FR 

20277, is withdrawn. 

ADDRESSES: Identify the appropriate 

docket number from the table below. 

DOCKET IDENTIFICATION NUMBERS BY SITE

Site name City/county, state Docket ID No. 

Georgetown North Groundwater .................................. Georgetown, DE .......................................................... EPA–HQ–OLEM–2022–0190 

Highway 3 PCE ............................................................ Le Mars, IA .................................................................. EPA–HQ–OLEM–2021–0455 

Hercules Inc ................................................................. Hattiesburg, MS .......................................................... EPA–HQ–OLEM–2022–0191 

Lower Hackensack River ............................................. Bergen and Hudson Counties, NJ .............................. EPA–HQ–OLEM–2022–0192 

Brillo Landfill ................................................................. Victory, NY .................................................................. EPA–HQ–OLEM–2022–0193 


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