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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations II. Background Information and Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210199
RIN 1625AA00

Safety Zones; July 4th Holiday Fireworks in the Coast Guard Captain of the Port Maryland-National Capital Region Zone Coast Guard, Department of Homeland Security DHS.
ACTION: Temporary final rule.
AGENCY:

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 Annes 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 USCG2021
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 4105762674, email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:

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
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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. 553d3, 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 3.2515, 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
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Sherwood Forest Club main pier in approximate position latitude 390154.0 N, longitude 0763241.8
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 385844.8 N, longitude 0761452.9
W, in Queen Annes 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 393219
N, longitude 0760458.3 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-of-

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