30228 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 

must not loiter within the navigable 

channel while within the regulated area. 

(4) Only participant vessels and 

official patrol vessels are allowed to 

enter and remain within the race area. 

(5) Only participant vessels and 

official patrol vessels are allowed to 

enter and transit directly through the 

buffer area, in order to arrive at or 

depart from the race area. 

(6) A person or vessel that desires to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from the COTP Maryland-National 

Capital Region or Event PATCOM. A 

person or vessel seeking such 

permission can contact the COTP 

Maryland-National Capital Region at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) or the Event PATCOM 

on Marine Band Radio, VHF–FM 

channel 16 (156.8 MHz). 

(7) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event dates and times. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 8 a.m. through 6 

p.m. on August 29, 2021. 

Dated: June 1, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–11883 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–2021–0314] 

RIN 1625–AA00 

Safety Zone; July 4th Holiday 

Fireworks on the Miles River, St. 

Michaels, MD 

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 Miles River. This 

action is necessary to provide for the 

safety of life on these navigable waters 

of the Miles River at St. Michaels, MD, 

on July 3, 2021, (with alternate date of 

July 4, 2021), during fireworks displays 

to commemorate the July 4th holiday. 

This proposed rulemaking would 

prohibit persons and vessels from being 

in this 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 June 22, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0314 using the Federal 

eRulemaking 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 MST1 Shaun 

Landante, Sector Maryland-National 

Capital Region Waterways Management 

Division, U.S. Coast Guard; telephone 

410–576–2570, 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 May 4, 2021, the Drew Landis 

Memorial Fireworks Fund, Inc. of St. 

Michaels, MD, notified the Coast Guard 

that it will be conducting a fireworks 

display from 9 p.m. to 9:30 p.m. on July 

3, 2021. The fireworks are to be 

launched from a fireworks barge located 

in the Miles River, near the entrance to 

Long Haul Creek, at St. Michaels, MD. 

In the event of inclement weather, the 

fireworks display will be scheduled for 

July 4, 2021. Hazards from the fireworks 

display include accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. 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 420 feet of 

the fireworks 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 has 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 for certain 

navigable waters within the Miles River 

and would be enforced from 8 p.m. to 

10:30 p.m. on July 3, 2021, or if 

necessary due to inclement weather, 

from 8 p.m. to 10:30 p.m. on July 4, 

2021. The safety zone would cover all 

navigable waters of the Miles River 

within 420 feet of a barge in 

approximate position latitude 

38°47′55.10′′ N, longitude 076°12′43.75′′ 

W, located at the entrance to Long Haul 

Creek, at St. Michaels, 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 to 9:30 p.m. on 

July 3, 2021 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 a small designated area of the 

Miles River for a total no more than 2.5 


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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30229 

enforcement-hours, during the evening 

when vessel traffic is normally low. 

This 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 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 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 temporary safety zone 

lasting 2.5 total enforcement hours that 

would prohibit entry within a portion of 

the Miles 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. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

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 in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this NPRM 

as being available in the docket, and 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. 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. If 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 


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30230 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 

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. 0170.1. 

■ 2. Add § 165.T05–0314 to read as 

follows: 

§ 165.T05 –0314 Safety Zone; July 4th 

Holiday Fireworks on the Miles River, St. 

Michaels, MD. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Miles River, within 420 feet of a 

fireworks barge in approximate position 

latitude 38°47′55.10′′ N, longitude 

076°12′43.75′′ W, located at the entrance 

to Long Haul Creek, at St. Michaels, MD. 

(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 safety 

zone will be enforced from 8 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 p.m. to 

10:30 p.m. on July 4, 2021. 

Dated: June 1, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–11820 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–2021–0274] 

RIN 1625–AA00 

Safety Zone; Cumberland River, Mile 

Markers 128.0–128.3, Clarksville, TN 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

navigable waters on the Cumberland 

River from mile 128.0 to mile 128.3. The 

safety zone is needed to protect life and 

the marine environment from potential 

hazards created by the Clarksville 

Independence Day fireworks display. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley 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 June 22, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0274 using the Federal 

eRulemaking 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 Petty Officer 

Third Class Benjamin Gardner and 

Marine Safety Detachment Nashville, 

U.S. Coast Guard; telephone 615–736– 

5421, email Benjamin.t.gardner@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

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 

The Coast Guard was notified by the 

Clarksville Parks and Recreation of a 

proposed 4th of July celebration 

fireworks event. The event would take 

place on July 3, 2021 from 10 p.m. to 

10:30 p.m. The fireworks would be 

launched from land, but would have a 

significant fallout zone over the 

Cumberland River. The COTP has 

determined that potential hazards 

associated with this fireworks display 

would be a safety concern for anyone 

within the fallout zone on the 

Cumblerand River between mile 128.0 

to 128.3. 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The COTP 

has determined that potential hazards 

associated with the Clarksville 

Independence Day Celebration 

fireworks display will be a safety 

concern, and a temporary safety zone is 

needed. This propsed rule is needed to 

protect life and the marine environment 

in the navigable waters within the 

temporary safety zone during the 

fireworks display. 

The purpose of this proposed 

rulemaking is to ensure the safety of life 

and the navigable waters within a .3 

mile span of the river where the 

fireworks will be fired during, and after 

the scheduled event. The Coast Guard is 

proposing this rulemaking under 

authority in 46 U.S.C. 70034 (previously 

33 U.S.C. 1231). 

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 contrary to the public 

interest as the temporary safety zone has 

to be established by July 3 to provide for 

the safety of life on these navigable 

waters. 

III. Discussion of Proposed Rule 

This proposed rule would establish a 

safety zone from 10 p.m. until 10:30 

p.m. on July 3, 2021. The proposed 

temporary safety zone would cover all 

navigable waters of the Tennessee River 

between miles 128.0 to 128.3. The 

duration of the zone is intended to 

protect life and the marine environment 

on these navigable waters during the 

fireworks display. No vessel or person 

would be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 


khammond on DSKJM1Z7X2PROD with PROPOSALS