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Federal Register/Vol. 86, No. 82/Friday, April 30, 2021/Proposed

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Federal Register/Vol. 86, No. 82/Friday, April 30, 2021/Proposed Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Proposed Rules 22913 DEPARTMENT OF HOMELAND for fireworks displays that take place event, COTP contact information, and SECURITY either on or over the navigable waters of finally the tables of events. the Fifth Coast Guard District as defined As noted above we are proposing to Coast Guard at 33 CFR 3.25. These regulations were add a definition section up front so that last amended June 13, 2017 (81 FR terms utilized later in the regulation are 33 CFR Part 165 81005). The Fifth Coast Guard District is explained to the reader up front. One of the defined terms is ‘‘Event Patrol [Docket Number USCG–2020–0138] proposing to revise these regulations to update existing events, add new events, Commander’’, or ‘‘Event PATCOM’’. RIN 1625–AA00 and remove events that no longer The Event PATCOM replaces the require additional safety measures. current regulation’s reference to the Safety Zones; Recurring Marine Events Based on the nature of fireworks and the ‘‘Coast Guard Patrol Commander’’; there and Fireworks Displays Within the large number of people attending, the is no change to the associated Fifth Coast Guard District Coast Guard has determined that the definition. Use of an Event PATCOM AGENCY: Coast Guard, DHS. events listed in this rule could pose a enables the local Captain of the Port to retain operational control and ACTION: Notice of proposed rulemaking. risk to the public. We are also proposing to revise the text for better clarity and incorporate risk-based decision making SUMMARY: The Coast Guard proposes to easier readability. to the event. We are also proposing to amend the regulations for recurring The purpose of this rulemaking is to amend the regulation to allow for other marine events and fireworks displays ensure the safety of persons, vessels, government agencies to provide safety that take place within the Fifth Coast and the navigable waters within close zone enforcement when working under Guard District area of responsibility. We proximity to fireworks displays before, local agreements which expands the invite your comments on this during, and after the scheduled events. ability to ensure safety of the public by rulemaking. Each year, organizations, individuals increasing the number of available and government agencies in the Fifth safety zone enforcement personnel. DATES: Comments and related material We are proposing to consolidate Coast Guard District sponsor fireworks must be received by the Coast Guard on information regarding when the displays in the same general location or before June 1, 2021. regulation will be enforced and how the and time period. Each event uses a ADDRESSES: You may submit comments Coast Guard will notify the public of floating platform (e.g. barge) or an on- identified by docket number USCG– enforcement into a new paragraph (c) shore site near the shoreline to launch 2020–0138 using the Federal and placing it near the beginning of the the fireworks. A safety zone is used to eRulemaking Portal at http:// regulation. This information is currently limit access to an area within a specified www.regulations.gov. See the ‘‘Public scattered through several paragraphs of distance surrounding the fireworks Participation and Request for the text (paragraphs (a)(2), (b)(2), and launch site to ensure the safety of Comments’’ portion of the (d)). Consolidating this information persons and property. Coast Guard SUPPLEMENTARY INFORMATION section for makes it easier to locate all of the personnel on scene may allow boaters further instructions on submitting necessary information and how the within the safety zone if conditions comments. different requirements relate to each permit. other. FOR FURTHER INFORMATION CONTACT: If The Coast Guard is conducting this you have questions about this proposed In the paragraph regarding warning- rulemaking under authority in 46 U.S.C. sign requirements the term ‘‘fireworks rulemaking, call or email Captain 70034 (previously, 33 U.S.C. 1231). The Maureen Kallgren, Fifth Coast Guard launch site’’ has been updated to Secretary has delegated ports and ‘‘floating platform’’. This revision makes District Office of Waterways waterways authority, with certain Management, U.S. Coast Guard; clear that the regulation applies to all reservations not applicable here, to the floating platforms used to launch telephone (757) 398–6250, email Commandant via DHS Delegation No. [email protected] or Mr. fireworks and not just barges. 0170.1(II) (70). The Commandant has We have updated the location for Jerry Barnes, Fifth Coast Guard District further delegated these authorities Sector Virginia from Norfolk to Office of Waterways Management, U.S. within the Coast Guard as described in Portsmouth, VA, where the command Coast Guard; telephone (757) 398–6230, 33 CFR 1.05–1 and 6.04–6. center is now located. We have also email [email protected]. III. Discussion of Proposed Rule updated the phone number for Sector SUPPLEMENTARY INFORMATION: North Carolina. Email addresses have I. Table of Abbreviations A. Administrative Changes been added to the text to aid the public We are proposing several in communicating with the appropriate CFR Code of Federal Regulations Sector. COTP Captain of the Port administrative updates, substantive and Finally, this rule gives discretionary DHS Department of Homeland Security non-substantive, to the regulatory text. authority to COTPs and Event Event PATCOM Coast Guard Event Patrol We have reorganized and revised the PATCOMs to postpone or cancel the Commander text to, consolidate related information, fireworks display at any time for the FR Federal Register improve readability, and reflect revised NPRM Notice of proposed rulemaking purpose of ensuring the safety of the local policies. § Section public. U.S.C. United States Code First, the text has been re-organized to The tables accompanying this rule reflect the order in which information is II. Background, Purpose, and Legal have been updated for clarity and to needed by the reader—defined terms, assist the reader. Basis applicability of the regulation, when the The Coast Guard regularly updates the regulation will be enforced and B. Changes to Table to 33 CFR 165.506 regulations for recurring safety zones notification to the public, requirements This rule would add 14 new safety within the Fifth Coast Guard District at in place when the regulation is being zones, revise 29 previously established 33 CFR 165.506, and its respective enforced, warning sign information, safety zones, and remove 24 safety tables. These recurring safety zones are postponement or cancellation of an zones. Currently there is one table of VerDate Sep<11>2014 16:45 Apr 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\30APP1.SGM 30APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 22914 Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Proposed Rules events for all of 33 CFR 165.506. We are tables in the future and will hopefully New Safety Zones proposing to break that table into make the tables easier for the public to This rule proposes to add 14 new separate tables for each COTP zone. read as well. We are also proposing to safety zones. The location and This change will make it easier for the re-format the date entries so that the enforcement period for each of the new Coast Guard to make changes to the information is more clearly stated. zones are listed in the below table. TABLE 1—NEW SAFETY ZONES TO BE ADDED TO 33 CFR 165.506 USCG sector Location Regulated area Enforcement period(s) * Coast Guard Sec- Delaware Bay, Lewes, All waters of Delaware Bay off Lewes, DE, within 350 yards of the One period, four days. tor Delaware DE. barge anchored in approximate position 38°47′12″ N, 075°07′48″ Bay—COTP W. Zone. Great Egg Harbor Bay, The waters of the Great Egg Harbor Bay within a 300-yard radius of One period, one day. Ocean City, NJ. the fireworks barge in approximate position latitude 39°17′24″ N, longitude 074°34′31″ W, adjacent to shoreline of Ocean City, NJ. Coast Guard Sec- Washington Channel, All navigable waters of the Washington Channel within 200 feet of Multiple periods March tor Maryland- Upper Potomac, Wash- the fireworks barge which will be located within an area bounded through December National Capital ington, DC. on the south by latitude 38°52′30″ N, and bounded on the north each year. Region—COTP by the southern extent of the Francis Case (I–395) Memorial Zone. Bridge, located at Washington, DC. Anacostia River, Wash- All navigable waters of the Anacostia River within 400 feet of the One period, one day. ington, DC. fireworks barge in approximate position latitude 38°52′16.3″ N, longitude 077°00′09.7″ W, located at Washington, DC. Middle River, Baltimore All navigable waters of the Middle River within 200 yards of the fire- One period, one day. County, MD. works barge in approximate position latitude 39°18′25″ N, lon- gitude 076°24′27″ W, located in Baltimore County, MD. Susquehanna River, All navigable waters of the Susquehanna River within 200 yards of One period, one day. Havre de Grace, MD. the fireworks barge in approximate position latitude 39°32′19″ N, longitude 076°04′58.3″ W, located at Havre de Grace, MD. Spa Creek, Annapolis, All navigable waters of Spa Creek within 400 feet of the fireworks One period, one day. MD. barge in approximate position latitude 38°58′32.48″ N, longitude 076°28′57.55″ W, located at Annapolis, MD. Severn River, Sherwood All navigable waters of the Severn River within 150 yards of the One period, one day. Forest, MD. fireworks discharge site located at the end of Sherwood Forest Club main pier in approximate position latitude 39°01′54.0″ N, longitude 076°32′41.8″ W, located at Sherwood Forest, MD.
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