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

45699 

Vol. 86, No. 155 

Monday, August 16, 2021 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0497] 

RIN 1625–AA00 

Safety Zone; Potomac River, Prince 

William County, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain waters of the Potomac River. 

This action is necessary to provide for 

the safety of life on these navigable 

waters near Cherry Hill, in Prince 

William County, VA, during a fireworks 

display on September 18, 2021 (with 

alternate date of September 19, 2021). 

This proposed rulemaking would 

prohibit persons and vessels from being 

in the safety zone unless authorized by 

the Captain of the Port MarylandNational 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 August 31, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0497 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, call or email Mr. Ron 

Houck, Sector Maryland-National 

Capital Region Waterways Management 

Division, U.S. Coast Guard; telephone 

410–576–2674, email D05-DGSectorMD-NCR-MarineEvents@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 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On June 16, 2021, Tim’s Rivershore 

Restaurant and Crabhouse of Dumfries, 

VA, notified the Coast Guard that it will 

be conducting a fireworks display from 

9:30 p.m. to 10 p.m. on September 18, 

2021, to commemorate the permanent 

closing of the restaurant after operating 

for many years. Details of the fireworks 

event were provided to the Coast Guard 

on August 5, 2021. The fireworks are to 

be launched from a barge in the 

Potomac River in approximate position 

latitude 38°34′07.97′′ N, longitude 

077°15′37.39′′ W, located near Cherry 

Hill, in Prince William County, VA. In 

the event of inclement weather, the 

fireworks display will be scheduled for 

September 19, 2021. 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 500 feet of 

the barge. 

The Coast Guard is requesting that 

interested parties provide comments 

within a shortened comment period of 

15 days instead of the typical 30 days 

for this notice of proposed rulemaking. 

The Coast Guard believes the 15-day 

comment period still provides for a 

reasonable amount of time for interested 

parties to review the proposal and 

provide informed comments on it while 

also ensuring that the Coast Guard has 

time to review and respond to any 

significant comments and have a final 

rule in effect in time for the scheduled 

event. 

The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

temporary safety zone from 8:30 p.m. on 

September 18, 2021, to 11 p.m. on 

September 19, 2021. The safety zone 

would be enforced from 8:30 p.m. to 11 

p.m. on September 18, 2021, or, if 

necessary due to inclement weather on 

September 18, 2021, from 8:30 p.m. to 

11 p.m. on September 19, 2021. The 

safety zone would cover all navigable 

waters of the Potomac River within 500 

feet of the fireworks barge in 

approximate position latitude 

38°34′07.97′′ N, longitude 077°15′37.39′′ 

W, located near Cherry Hill, in Prince 

William County, VA. The size of the 

zone and duration of the regulation are 

intended to ensure the safety of vessels 

and these navigable waters before, 

during, and after the fireworks display. 

No vessel or person would be 

permitted to enter the safety zone 

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 size, duration, and timeof-day of the safety zone, which would 

impact small designated area of the 

Potomac River for a total no more than 

2.5 total enforcement-hours during the 

evening when vessel traffic is normally 

low. This portion of the waterway 

supports mainly recreational vessel 

traffic, which at its peak, occurs during 

the summer season. Moreover, the Coast 

Guard will issue Local Notices to 

Mariners and a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone. 

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 


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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 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 

effects of this 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 a safety zone lasting 2.5 

total enforcement hours that would 

prohibit entry within a portion of the 

Potomac River. 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. 1. A 

preliminary 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–2021–0497 in the ‘‘SEARCH’’ 

box and click ‘‘SEARCH.’’ Next, look for 

this 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: 


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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Proposed Rules 45701 

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. 01.2. 

■ 2. Add § 165.T05–0497 to read as 

follows: 

§ 165.T05–0497 Safety Zone; Potomac 

River, Prince William County, VA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Potomac River, within 500 feet of the 

fireworks barge in approximate position 

latitude 38°34′07.97′′ N, longitude 

077°15′37.39′′ W, located near Cherry 

Hill, in Prince William County, VA. 

These coordinates are based on datum 

NAD 83. 

(b) Definitions. As used in this 

section— 

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 MarylandNational 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 period. This section 

will be enforced from 8:30 p.m. to 11 

p.m. on September 18, 2021. If 

necessary due to inclement weather on 

September 18, 2021, it will be enforced 

from 8:30 p.m. to 11 p.m. on September 

19, 2021. 

Dated: August 10, 2021. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2021–17441 Filed 8–13–21; 8:45 am] 

BILLING CODE 9110–04–P 


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