Safety Zones; July 4th Holiday Fireworks in the Coast Guard Captain of the Port Maryland-National Capital Region Zone

CourtCoast Guard
Citation86 FR 24807
Published date10 May 2021
Record Number2021-09947
24807
Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Proposed Rules
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
* * * * *
ANM WY E5 Saratoga, WY
Shively Field Airport, WY
(Lat. 41°2637N, long. 106°4939W)
That airspace extending upward from 700
feet above the surface within a 5-mile radius
of the airport beginning at the 075° bearing
from the airport clockwise to the 234° bearing
from the airport, and within a 7.3-mile radius
of the airport from the 234° bearing from the
airport clockwise to the 075° bearing from the
airport, and within 4 miles east and 8 miles
west of the 341° bearing from the airport,
extending from the 7.3-miles radius to 16.1
miles north of the airport.
Issued in Des Moines, Washington, on
April 28, 2021.
B.G. Chew,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2021–09339 Filed 5–7–21; 8:45 am]
BILLING CODE 4910–13–P
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, DHS.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The Coast Guard is proposing
to establish 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
proposed rulemaking would prohibit
persons and vessels from being in these
safety zones 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 May 25, 2021.
ADDRESSES
: You may submit comments
identified by docket number USCG–
2021–0199 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 Mr. Ron
Houck, Sector Maryland-National
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, Purpose, and Legal
Basis
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.
Hazards from these fireworks displays
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. To
respond to these hazards, the Coast
Guard plans to establish temporary
safety zones to protect the nearby
public.
1. The Sherwood Forest Club, Inc., of
Sherwood Forest, MD, plans to conduct
a fireworks display from 9:20 p.m. to
9:50 p.m. on July 3, 2021. The fireworks
are to be launched from the end of the
Sherwood Forest Club main pier,
located adjacent to the Severn River,
approximately 200 yards east of Brewer
Pond in Sherwood Forest, MD. In the
event of inclement weather, the
fireworks display will be scheduled for
July 5, 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 150 yards of the fireworks
discharge site.
2. Queen Anne’s County Government,
of Centreville, MD, plans to conduct a
fireworks display from 10 p.m. to 10:20
p.m. on July 4, 2021. The fireworks are
to be launched from Kent Island along
the Kent Island Narrows (North
Approach) in Chester, MD. In the event
of inclement weather, the fireworks
display will be scheduled for July 5,
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 800 feet of the fireworks
discharge site.
3. The Independence Day
Commission of Havre de Grace, MD,
plans to conduct a fireworks display
from 9:30 p.m. to 10 p.m. on July 4,
2021. The fireworks are to be launched
from a fireworks barge located in the
Susquehanna River, approximately 300
yards southeast of Concord Point in
Havre de Grace, MD. In the event of
inclement weather, the fireworks
display will be scheduled for July 5,
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 200 yards 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 a shortened
comment period is necessary and
reasonable to ensure the Coast Guard
has time to review and respond to any
significant comments submitted by the
public in response to this NPRM and
has a final rule in effect in time for the
first 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
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
would be enforced during the times
described below for each zone.
The first safety zone would 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 would 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°0154.0N, longitude 076°3241.8
W, Sherwood Forest, MD. The duration
of the zone is intended to ensure the
safety of vessels and these navigable
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24808
Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Proposed Rules
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 would 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 would 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°5844.8N, longitude 076°1452.9
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 would 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 would cover all navigable waters
of the Susquehanna River within 200
yards of a barge in approximate position
latitude 39°3219N, longitude
076°0458.3W, 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 would be
permitted to enter these 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 size, duration, and time-
of-day of the safety zones, which would
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 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 five 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. 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
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Proposed Rules
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.
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.T05–0199 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°0154.0N, longitude 076°3241.8
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°5844.8N, longitude 076°1452.9
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°3219N, longitude
076°0458.3W, located at Havre de
Grace, 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 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: May 5, 2021.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2021–09947 Filed 5–7–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0254; FRL–10023–
52–Region 9]
Clean Air Plans; 2008 8-Hour Ozone
Nonattainment Area Requirements;
West Mojave Desert, California
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Proposed rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is proposing to approve,
or conditionally approve, all or portions
of the state implementation plan (SIP)
revision submitted by the State of
California to meet Clean Air Act
requirements for the 2008 8-hour ozone
national ambient air quality standards
(NAAQS or ‘‘standards’’) in the West
Mojave Desert ozone nonattainment
area. The SIP revision addresses the
nonattainment area requirements for the
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