[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Proposed Rules]
[Pages 30228-30230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11820]


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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.

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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 Maryland-National 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 <a href="/cdn-cgi/l/email-protection#b6f286839bf2f19be5d3d5c2d9c4fbf29bf8f5e49bfbd7c4dfd8d3f3c0d3d8c2c5f6c3c5d5d198dbdfda"><span class="__cf_email__" data-cfemail="82c6b2b7afc6c5afd1e7e1f6edf0cfc6afccc1d0afcfe3f0ebece7c7f4e7ecf6f1c2f7f1e1e5acefebee">[email protected]</span></a>.

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
Sec.  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[deg]47'55.10'' 
N, longitude 076[deg]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 time-of-day of the safety zone, which would impact a 
small designated area of the Miles River for a total no more than 2.5

[[Page 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.

[[Page 30230]]

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. 0170.1.

0
2. Add Sec.  165.T05-0314 to read as follows:


Sec.  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[deg]47'55.10'' N, longitude 
076[deg]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 Maryland-National 
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


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