Proposed Rule2022-05693
Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District
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Published
March 18, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend its safety zones established for recurring marine events and fireworks displays that take place within the Fifth Coast Guard District area of responsibility. This Notice of Proposed Rule Making (NPRM) addresses a minor revision to the listing of events that informs the public of regularly scheduled fireworks displays that require additional safety measures provided by regulations. Through this proposed final rule, the current list of recurring marine events requiring safety zones would be updated with two additional events that take place in the Sector Virginia area of responsibility. We invite your comments on this proposed rulemaking.
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<title>Federal Register, Volume 87 Issue 53 (Friday, March 18, 2022)</title>
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[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Proposed Rules]
[Pages 15347-15349]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05693]
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Proposed Rules
Federal Register
________________________________________________________________________
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.
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Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 /
Proposed Rules
[[Page 15347]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0131]
RIN 1625-AA00
Safety Zones; Recurring Marine Events and Fireworks Displays
Within the Fifth Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend its safety zones
established for recurring marine events and fireworks displays that
take place within the Fifth Coast Guard District area of
responsibility. This Notice of Proposed Rule Making (NPRM) addresses a
minor revision to the listing of events that informs the public of
regularly scheduled fireworks displays that require additional safety
measures provided by regulations. Through this proposed final rule, the
current list of recurring marine events requiring safety zones would be
updated with two additional events that take place in the Sector
Virginia area of responsibility. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 18, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0131 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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, email LCDR Ashley Holm, Sector Virginia, Waterways
Management Division, U.S. Coast Guard, Telephone: 757-668-5580, email:
<a href="/cdn-cgi/l/email-protection#90e6f9e2f7f9fef9f1e7f1e4f5e2e7f1e9e3d0e5e3f3f7befdf9fc"><span class="__cf_email__" data-cfemail="cbbda2b9aca2a5a2aabcaabfaeb9bcaab2b88bbeb8a8ace5a6a2a7">[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
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard regularly updates the regulations for recurring
safety zones within the Fifth Coast Guard District at 33 CFR 165.506,
and its respective tables. These recurring safety zones are for
fireworks displays that take place either on or over the navigable
waters of the Fifth Coast Guard District as defined at 33 CFR 3.25.
These regulations were last amended October 15, 2021 (86 FR 57358).
Since then, two recurring marine events within the Fifth Coast Guard
District have changed in a way that require establishment of a safety
zone for protection of life, property and the environment. Hazards
associated with these events include potential falling debris and
possible fire, explosion, projectile, and burn hazards. The purpose of
this rulemaking is to ensure the safety of persons, vessels, and the
navigable waters within close proximity to fireworks displays before,
during, and after the scheduled events.
The Coast Guard is conducting this rulemaking under authority in 46
U.S.C. 70034 (previously, 33 U.S.C. 1231). The Secretary has delegated
ports and waterways authority, with certain reservations not applicable
here, to the Commandant via DHS Delegation No. 0170.1(II) (70). The
Commandant has further delegated these authorities within the Coast
Guard as described in 33 CFR 1.05-1 and 6.04-6.
III. Discussion of Proposed Rule
The Coast Guard is proposing to establish two new safety zones to
cover waters in the vicinity of certain fireworks displays in order to
ensure public safety on the waterway during these events.
The first safety zone would be enforced on the third or fourth
Saturday in July of each year, beginning in July 2022, between 9:30
p.m. and 10 p.m. and cover all waters of John H. Kerr Reservoir within
a 400 yard radius of approximate position latitude 36[deg]37'51'' N,
longitude 078[deg]32'50'' W, located near the center span of the State
Route 15 Highway Bridge.
The second safety zone would be enforced on the evening of the
first or second Saturday or Sunday in June of each year, beginning in
June 2022, between 9:30 p.m. and 10 p.m. and cover the waters all
waters of the Elizabeth River within a 500-yard radius of approximate
position of the fireworks barge at latitude 36[deg]50'41'' N, longitude
076[deg]17'47'' W, located near Town Point Park in Norfolk, VA.
Dates and times are subject to change in accordance with existing
regulatory text found in 33 CFR 165.506(c).
The duration of the zones are intended to ensure the safety of
vessels and these navigable waters before, during, and after each
scheduled fireworks display. No vessel or person would be permitted to
enter the 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 short amount
of time that vessels will be restricted from certain parts of the
waterway and the small size of these areas that are usually positioned
away from high vessel traffic zones. Generally vessels would not be
precluded from getting underway, or mooring at any piers or marinas
[[Page 15348]]
currently located in the vicinity of the regulated areas. Advance
notifications will also be made to the local maritime community by
issuance of Local Notice to Mariners, Broadcast Notice to Mariners via
VHF-FM marine channel 16, and Marine Safety Information or Security
Bulletins so mariners can adjust their plans accordingly. Notifications
to the public for most events will typically be made by local
newspapers, radio and TV stations. The Coast Guard anticipates that
these safety zones will only be enforced for limited durations, less
than 24 hours, occurring on specific dates throughout the year.
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. These safety zones will not
have a significant economic impact on a substantial number of small
entities for the following reasons: The Coast Guard will ensure that
small entities are able to operate in the areas where events are
occurring to the extent possible while ensuring the safety of the
public. The enforcement period will be short in duration and permission
to enter, remain in, or transit through these regulated areas during
the enforcement may be given when deemed safe to do so by the event
PATCOM on scene.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 potential effects of
this proposed 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
implementation of regulations within 33 CFR part 165 that apply to
recurring safety zones for fireworks displays that take place either on
or over the navigable waters of the United States. Some events by their
nature may introduce potential for adverse impact on the safety or
other interest of waterway users or waterfront infrastructure within or
close proximity to the event area. It is 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 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0131 in the
search box and click ``Search.'' Next, look for this
[[Page 15349]]
document in the Search Results column, and click on it. Then click on
the Comment option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. 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.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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.
00170.1, Revision No. 1.2.
0
2. In Sec. 165.506, amend table 3 in paragraph (h)(3) by adding
entries 12 and 13 to read as follows:
Sec. 165.506 Safety Zones; Fireworks Displays in the Fifth Coast
Guard District.
* * * * *
(3) Coast Guard Sector Virginia--COTP Zone
Table 3 to Paragraph (h)(3)
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* * * * * * *
12........................... July--3rd or 4th John H. Kerr Reservoir, All waters of John H. Kerr
Saturday. Clarksville, VA; Safety Reservoir within a 400-yard
Zone. radius of approximate
position latitude
36[deg]37'51'' N, longitude
078[deg]32'50'' W, located
near the center span of the
State Route 15 Highway
Bridge.
13........................... June--first or second Elizabeth River, Town All waters of the Elizabeth
Saturday or Sunday. Point Reach, Norfolk, River, Town Point Reach
VA; Safety Zone. within a 500-yard radius of
approximate position of the
fireworks barge latitude
36[deg]50'41'' N, longitude
076[deg]17'47'' W, in
vicinity of Town Point Park
in Norfolk, VA.
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Dated: March 14, 2022.
L.M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2022-05693 Filed 3-17-22; 8:45 am]
BILLING CODE 9110-04-P
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