30178 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 

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 MarylandNational 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 

§ 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°01′54.0′′ N, longitude 076°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°58′44.8′′ N, longitude 076°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°32′19′′ 

N, longitude 076°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-ofVerDate Sep<11>2014 16:24 Jun 04, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1

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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 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 

■ 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. 

■ 2. Add § 165.T05–0199 to read as 

follows: 

§ 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°01′54.0′′ N, longitude 076°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°58′44.8′′ N, longitude 076°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°32′19′′ N, longitude 

076°04′58.3′′ W, located at Havre de 

Grace, MD. 

(b) Definitions. As used in this 

section— 


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30180 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 

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 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0388] 

Safety Zone; Commencement Bay, 

Tacoma, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The notice of enforcement of 

regulation published May 5, 2021 in the 

Federal Register, is rescinded and 

replaced by this notice of enforcement 

of regulation. The Coast Guard will 

enforce safety zone regulations for the 

Tacoma Freedom Fair Air Show on 

Commencement Bay from 2 p.m. on July 

2 through 12:30 a.m. on July 4, 2021. 

This action is necessary to ensure the 

safety of the public from inherent 

dangers associated with the annual 

aerial displays. During the enforcement 

periods, no person or vessel may enter 

or transit this safety zone unless 

authorized by the Captain of the Port 

Sector Puget Sound or her designated 

representative. 

DATES: The regulations in 33 CFR 

165.1305 will be enforced from 2 p.m. 

on July 2 through 12:30 a.m. on July 4, 

2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Lieutenant 

Peter J. McAndrew, Sector Puget Sound 

Waterways Management Division, U.S. 

Coast Guard; telephone 206–217–6045, 

email SectorPugetSoundWWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The notice 

of enforcement of regulation in docket 

number USCG–2021–0304 is rescinded 

and replaced by this notice of 

enforcement of regulation. The Coast 

Guard is amending the enforcement 

period and will now enforce the safety 

zone in 33 CFR 165.1305 from 2 p.m. on 

July 2 through 12:30 a.m. on July 4, 

2021 unless the COTP of Puget Sector 

Sound grants general permission to 

enter the regulated area during these 

stated enforcement periods. This action 

is being taken to provide for the safety 

of life on navigable waterways during 

the aerial demonstrations above the 

waterway. 

The safety zone resembles a rectangle 

protruding from the shoreline along 

Ruston Way and will be marked by the 

event sponsor. The specific coordinates 

of the safety zone location are listed in 

33 CFR 165.1305. 

As specified in § 165.1305(c), during 

the enforcement periods, no vessel may 

transit the regulated area without 

approval from the COTP or a COTP 

designated representative. The COTP 

may be assisted by other federal, state, 

and local law enforcement agencies in 

enforcing this regulation. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners, marine 

information broadcasts during the day 

of the event. If the COTP determines 

that the safety zone need not be 

enforced for the full duration stated in 

the notice of enforcement, he may use 

a Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. 

Dated: May 27, 2021. 

P.M. Hilbert, 

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

Port Sector Puget Sound. 

[FR Doc. 2021–11882 Filed 6–4–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0350] 

RIN 1625–AA00 

Safety Zone; Charlevoix Graduation 

Fireworks, Lake Charlevoix, East 

Jordan, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 500-foot 

radius of a fireworks display. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by repair 

work on the bridge. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sault Sainte Marie. 

DATES: This rule is effective from 10 

p.m. on June 12, 2021, through 11 p.m. 

on June 12, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0350 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 


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