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

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.

I. Table of Abbreviations
DEPARTMENT OF HOMELAND
SECURITY

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
20210497 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.

II. Background, Purpose, and Legal Basis On June 16, 2021, Tims 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 383407.97 N, longitude 0771537.39 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.

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 4105762674, email D05-DGSectorMD-NCR-MarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION:

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
Coast Guard 33 CFR Part 165
Docket Number USCG20210497
RIN 1625AA00

Safety Zone; Potomac River, Prince William County, VA
Coast Guard, DHS.
Notice of proposed rulemaking.

AGENCY:
ACTION:

SUMMARY:

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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
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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 383407.97 N, longitude 0771537.39
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 VHFFM marine channel 16 about the zone.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The
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