Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 33887 

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 Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

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. 

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, Rev. 1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

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 rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for 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 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Amend § 117.287 by revising 

paragraph (h) to read as follows: 

§ 117.287 Gulf Intracoastal Waterway 

* * * * * 

(h) The draw of the Welch Causeway 

(SR 699) Bridge, Gulf Intracoastal 

Waterway mile 122.8, at Madeira Beach, 

Florida, shall open on signal; except 

that, from 7 a.m. to 7 p.m. daily, except 

Federal holidays, the draw need only 

open on the hour and half hour. 

Dated: June 21, 2021. 

Eric C. Jones, 

Rear Admiral, U.S. Coast Guard, Commander 

Seventh Coast Guard District. 

[FR Doc. 2021–13700 Filed 6–25–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0453] 

Safety Zones; Annual Fireworks 

Displays Within the Captain of the Port 

Sector Puget Sound Area of 

Responsibility 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of non-enforcement 

of regulation. 

SUMMARY: The Coast Guard will not 

enforce the Safety Zone for the Seattle 

Seafair Firework Display in Lake 

Washington, Seattle, WA in July 2021. 

The Captain of the Port Sector Puget 

Sound has determined that enforcement 

of this regulation is not necessary 

because Seafair the event was cancelled. 

DATES: The Coast Guard does not plan 

to enforce the Safety Zone for the Seattle 

Seafair Firework Display in Lake 

Washington in 33 CFR 165.1332 in July 

2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of non-enforcement, call or 

email Lieutenant Peter McAndrew, 

Sector Puget Sound Waterways 

Management Division, U.S. Coast 

Guard; telephone 206–217–6051, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard normally enforces the safety zone 

for the Seattle Seafair Firework Display 

in Lake Washington, Seattle, WA found 

in 33 CFR 165.1332 annually during the 

month of July. This year, the event 

organizers cancelled Seafair. Therefore, 

the Coast Guard does not plan to enforce 

the safety zone for the Seattle Seafair 

Firework Display in Lake Washington, 

Seattle, WA found in 33 CFR 165.1332, 

in July 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. 

Dated: June 21, 2021. 

P.M. Hilbert, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Puget Sound. 

[FR Doc. 2021–13722 Filed 6–25–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0452] 

Seafair Air Show Performance, Seattle, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of non-enforcement 

of regulation. 

SUMMARY: The Coast Guard will not 

enforce the safety zone for the Seafair 

Air Show Performance in Lake 

Washington, Seattle, WA in July and 

August 2021. The Captain of the Port 

Sector Puget Sound has determined 

enforcement of this regulation is not 

necessary because this event is 

cancelled. 

DATES: The Coast Guard does not plan 

to enforce regulations in 33 CFR 

165.1319 in July and August 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of non-enforcement, call or 

email Lieutenant Peter McAndrew, 


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33888 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 

Sector Puget Sound Waterways 

Management Division, U.S. Coast 

Guard; telephone 206–217–6051, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard normally enforces the safety zone 

in 33 CFR 165.1319 for the Seattle 

Seafair Air Show Performance held in 

Lake Washington, Seattle, WA. This 

event is typically held annually during 

last week of July and the first 2 weeks 

of August. This year, the event 

organizers cancelled Seafair. Therefore, 

the Coast Guard does not plan to enforce 

the safety zone in 33 CFR 165.1319 in 

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. 

Dated: June 21, 2021. 

P.M. Hilbert, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Puget Sound. 

[FR Doc. 2021–13721 Filed 6–25–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0457] 

RIN 1625–AA00 

Safety Zone; Upper Potomac River, 

Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Upper Potomac 

River. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment on these navigable 

waters at Washington, DC, on July 4, 

2021, (with alternate date of July 5, 

2021) from potential hazards during a 

fireworks display to commemorate the 

July 4th holiday. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port, Maryland-National 

Capital Region or a designated 

representative. 

DATES: This rule is effective from 8 p.m. 

on July 4, 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 USCG–2021– 

0457 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Next, in the Document 

Type column, select ‘‘Supporting & 

Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Ron Houck, Sector 

Maryland—National Capital Region 

Waterways Management Division, U.S. 

Coast Guard; telephone 410–576–2674, 

email Ronald.L.Houck@uscg.mil. 

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 

§ 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 it 

is impracticable and contrary to the 

public interest to publish an NPRM 

because we must take immediate action 

to establish this safety zone by July 4, 

2021, to respond to potential safety 

hazards associated with the the 

fireworks display. Potential safety 

hazards include the accidental 

discharge of fireworks, dangerous 

projectiles, and falling hot embers or 

other debris. Event planners did not 

notify the Coast Guard of the event until 

June 17, 2021. 

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 

because immediate action is needed to 

respond to the potential safety hazards 

associated with the fireworks display. 

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 this July 4, 

2021, display will be a safety concern 

for anyone near these fireworks 

discharge sites. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone before, 

during, and after the scheduled event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 8 p.m. on July 4, 2021, 

to 11 p.m. on July 5, 2021. The safety 

zone will cover all navigable waters of 

the Upper Potomac River, including the 

Tidal Basin, encompassed by a line 

connecting the following points: 

Beginning at the shoreline of West 

Potomac Park at position latitude 

38°53′04.2′′ N, longitude 077°02′52.7′′ 

W, thence southwest to latitude 

38°52′57.1′′ N, longitude 077°02′59.9′′ 

W, thence southeast to the northern 

extent of the George Mason Bridge at 

latitude 38°52′36.9′′ N, longitude 

077°02′29.0′′ W, thence northeast along 

the bridge to the shoreline at latitude 

38°52′44.1′′ N, longitude 077°02′21.8′′ 

W, thence west and north along the 

shoreline to latitude 38°52′55.6′′ N, 

longitude 077°02′15.0′′ W, thence 

northwest across the Tidal Basin to the 

shoreline at latitude 38°53′11.3′′ N, 

longitude 077°02′27.9′′ W, thence south 

and west along the shoreline to and 

terminating at the point of origin located 

in Washington, DC. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters before, during, 

and after the scheduled 9:09 to 9:20 

p.m. fireworks display. No vessel or 

person will be permitted to enter the 

safety zone 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 


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