34960 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. 

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 

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 100- 

foot 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 

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 

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 


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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations 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 Robert.Nakama@

uscg.mil. 

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 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. 2021–13723 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 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: 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. 

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 

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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