Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliott Bay, Seattle, Washington, 34960-34961 [2021-13723]
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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will 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 E.O. 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 rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does 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 rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 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
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
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environment. This rule involves a safety
zone in an area in the vicinity of
Newport Beach Harbor, Newport, CA.
Such actions are categorically excluded
from further review under paragraph
60(a) of Appendix A, Table 1 of the
Department of Homeland Security
Directive 023–01–001–01, Rev. 01. An
environmental analysis checklist
supporting this determination and
Record of Environmental Consideration
(REC) are available in the docket where
indicated under ADDRESSES. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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.
List of Subjects in 46 U.S.C. 70034,
70051
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 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.T11–060 to read as
follows:
■
§ 165.T11–060 Safety Zone; Caruso
Affiliated Holdings Fireworks Event,
Newport Beach, California.
(a) Location. The following area is a
safety zone: All navigable waters from
the surface to the sea floor within a 100foot radius around the fireworks launch
barge SWOB–1, during the loading of
the pyrotechnics at Los Angeles Berth
184, and during the transit of the
fireworks barge from Los Angeles Berth
184 to the fireworks launch site in
approximate position: 33°35.474′ N;
117°53.296′ W, in vicinity of Newport
Beach Harbor. The temporary safety
zone will then increase to 1,000-feet 15
minutes prior to, and for the duration of
the fireworks display, expected to
commence at 9:00 p.m. and last
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approximately 30 minutes. These
coordinates are based on North
American Datum of 1983, World
Geodetic System, 1984.
(b) Definitions. For the purposes of
this section:
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 Los Angeles—
Long Beach (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, hail
Coast Guard Sector Los Angeles—Long
Beach on VHF–FM Channel 16 or call
at (310) 521–3801. 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 period. This section
will be enforced from 7 p.m. to 11 p.m.
on July 4, 2021. The firework display is
scheduled to commence at 9 p.m. This
rule will be enforced during the loading,
transit and duration of the fireworks
display, which will be broadcasted via
local Broadcast Notice to Mariners in
accordance with 33 CFR 165.7.
Dated: June 25, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the
Port, Los Angeles—Long Beach.
[FR Doc. 2021–14052 Filed 6–30–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0454]
Safety Zone; Fleet Week Maritime
Festival, Pier 66, Elliott Bay, Seattle,
Washington
Coast Guard, DHS.
Notification of non-enforcement
of regulation.
AGENCY:
ACTION:
The Coast Guard will not
enforce the safety zone for the Fleet
Week Maritime Festival on waters
adjacent to Pier 66 in Elliott Bay,
Seattle, WA in July or August 2021. The
Captain of the Port Sector Puget Sound
has determined that enforcement of this
SUMMARY:
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01JYR1
Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
regulation is not necessary because the
event is cancelled.
DATES: The Coast Guard does not plan
to enforce regulations in 33 CFR
165.1330 from July 1, 2021 through
August 31, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of non-enforcement, call or
email Robert A.K. Nakama, U.S. Coast
Guard Sector Puget Sound Waterways
Management Division; telephone 206–
217–6089, email Robert.Nakama@
uscg.mil.
The Coast
Guard normally enforces the safety zone
in 33 CFR 165.1330 for the Fleet Week
Maritime Festival on waters adjacent to
Pier 66 in Elliott Bay, Seattle, WA. This
event is held annually during the parade
of ships on the last week of July or first
week of August. This year, the event
organizers cancelled Fleet Week.
Therefore, the Coast Guard does not
plan to enforce the safety zone in 33
CFR 165.1330, for July or August 2021.
In addition to this notification of nonenforcement in the Federal Register, if
the situation changes and the Captain of
the Port Sector Puget Sound (COTP)
determines that the regulated area needs
to be enforced, the COTP will issue a
Broadcast Notice to Mariners and
provide actual notice of enforcement to
any persons in the regulated area.
SUPPLEMENTARY INFORMATION:
Dated: June 21, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Puget Sound.
[FR Doc. 2021–13723 Filed 6–30–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0438]
RIN 1625–AA00
Safety Zone; Ohio River, New
Richmond
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is The Coast
Guard is establishing a temporary safety
zone for all navigable waters of the Ohio
River, extending the entire width of the
river, at mile marker (MM) 450.0. This
safety zone is necessary to provide for
the safety of life on these navigable
waters near New Richmond, Ohio
during the New Richmond Fireworks.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
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Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Ohio Valley.
DATES: This rule is effective on July 4,
2021 from 10 p.m. through 10:30 p.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0438 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 Petty Officer Matthew Roberts,
Marine Safety Detachment Cincinnati,
U.S. Coast Guard; telephone 513–921–
9033, email matthew.d.roberts@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
regulation by July 4, 2021 and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing this rule.
Under 5 U.S.C. 553(d)(3), 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 and
contrary to the public interest because
immediate action is necessary to protect
persons and property from the dangers
associated with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
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34961
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with the New
Richmond Fireworks, occurring on July
4, 2021 from 10 p.m. through 10:30
p.m., will be a safety concern for all
navigable waters on the Ohio River,
extending the entire width of the river,
at mile marker (MM) 450.0. The purpose
of this rule is to ensure the safety of life
and vessels on these navigable waters
before, during, and after the scheduled
event.
IV. Discussion of the Rule
This rule establishes a safety zone on
July 4, 2021 from 10 p.m. through 10:30
p.m. on all navigable waters of the Ohio
River, extending the entire width of the
river, at MM 450.0. Transit into and
through this area is prohibited during
periods of enforcement on these dates
and times. The periods of enforcement
will be prior to, during, and 30 minutes
after any vessel movement and during
the fireworks display. The Coast Guard
was informed that the operations will
take place from 10 p.m. through 10:30
p.m. Enforcement of the regulated area
will occur during the fireworks display.
The duration of the safety zone is
intended to ensure the safety of life and
vessels on these navigable waters before,
during, and after the scheduled event.
No vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of Sector Ohio
Valley. They may be contacted on VHF–
FM Channel 16 or by telephone at
1–800–253–7465. Persons and vessels
permitted to enter this regulated area
must transit at their slowest safe speed
and comply with all lawful directions
issued by the COTP or the 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
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01JYR1
]]>Agencies
[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Rules and Regulations]
[Pages 34960-34961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13723]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2021-0454]
Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliott Bay,
Seattle, Washington
AGENCY: Coast Guard, DHS.
ACTION: Notification of non-enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will not enforce the safety zone for the Fleet
Week Maritime Festival on waters adjacent to Pier 66 in Elliott Bay,
Seattle, WA in July or August 2021. The Captain of the Port Sector
Puget Sound has determined that enforcement of this
[[Page 34961]]
regulation is not necessary because the event is cancelled.
DATES: The Coast Guard does not plan to enforce regulations in 33 CFR
165.1330 from July 1, 2021 through August 31, 2021.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of non-enforcement, call or email Robert A.K. Nakama, U.S.
Coast Guard Sector Puget Sound Waterways Management Division; telephone
206-217-6089, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard normally enforces the safety
zone in 33 CFR 165.1330 for the Fleet Week Maritime Festival on waters
adjacent to Pier 66 in Elliott Bay, Seattle, WA. This event is held
annually during the parade of ships on the last week of July or first
week of August. This year, the event organizers cancelled Fleet Week.
Therefore, the Coast Guard does not plan to enforce the safety zone in
33 CFR 165.1330, for July or August 2021.
In addition to this notification of non-enforcement in the Federal
Register, if the situation changes and the Captain of the Port Sector
Puget Sound (COTP) determines that the regulated area needs to be
enforced, the COTP will issue a Broadcast Notice to Mariners and
provide actual notice of enforcement to any persons in the regulated
area.
Dated: June 21, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port, Sector Puget Sound.
[FR Doc. 2021-13723 Filed 6-30-21; 8:45 am]
BILLING CODE 9110-04-P
