Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations 46601 

Dated: August 12, 2021. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2021–17675 Filed 8–18–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0636] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone located in federal 

regulations for the annual D-Day 

Conneaut event. This action is necessary 

and intended for the safety of life and 

property on navigable waters during this 

event. During each enforcement period, 

no person or vessel may enter the safety 

zone without the permission of the 

Captain of the Port Buffalo. 

DATES: The regulations in 33 CFR Table 

165.939(c)(2) will be enforced from 1:15 

p.m. through 6 p.m. each day from 

August 19, 2021, through August 21, 

2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST2 Natalie 

Smith, Waterways Management 

Division, U.S. Coast Guard Marine 

Safety Unit Cleveland; telephone 216– 

937–6004, email D09-SMBMSUCLEVELAND-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in 33 CFR Table 165.939(c)(2) for D-Day 

Conneaut, each day from 1:15 p.m. 

through 6 p.m. from August 19, 2021, 

through August 21, 2021. This action is 

being taken to provide for the safety of 

life on navigable waterways during this 

multi-day event. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or a 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 

Captain of Port Buffalo via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Buffalo or her designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. In addition to this 

notification of enforcement in the 

Federal Register, the Coast Guard plans 

to provide notification of this 

enforcement period via the Local Notice 

to Mariners and marine information 

broadcasts. 

Dated: August 9, 2021. 

Lexia M. Littlejohn, 

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

Port Buffalo. 

[FR Doc. 2021–17788 Filed 8–18–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0519] 

RIN 1625–AA00 

Safety Zone; SML Bridge Repairs, 

Portsmouth, NH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters on the 

Piscataqua River in Portsmouth, New 

Hampshire. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by cross-channel repair 

work on the submarine cables and 

removal of concrete cable mats on the 

Sarah Mildred Long Bridge in 

Portsmouth, NH. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Northern New 

England (COTP) or a Designated 

Representative. 

DATES: This rule is effective without 

actual notice from August 19, 2021, 

through October 31, 2021. For the 

purposes of enforcement, actual notice 

will be used from September 1, 2021, 

until August 19, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0519 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 LT Shaun Doyle, Sector Northern 

New England Waterways Management 

Division, U.S. Coast Guard; telephone 

207–347–5015, email Shaun.T.Doyle@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Northern New 

England 

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 we 

must establish the temporary safety 

zone by September 1, 2021, for this 

unscheduled critical repair work and 

insufficient time exists to execute the 

full NPRM process. Additionally, 

delaying the effective date of this rule 

would be contrary to the public interest 

as it is necessary to establish this safety 

zone to protect personnel and vessels 

from hazards associated with submarine 

cable repairs and concrete mat removal 

on the Sarah Mildred Long Bridge. 

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 submarine cable repairs 

and concrete mat removal on the Sarah 

Mildred Long Bridge. 

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 Northern New 

England (COTP) has determined that 

potential hazards associated with 

submarine cable repairs and concrete 

mat removal starting September 1, 2021, 

will be a safety concern for anyone 

within a 100-yard radius of crane barges 


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46602 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations 

and associated machinery conducting 

repairs to the Sarah Mildred Long 

Bridge. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone while the bridge 

is being repaired. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from September 1, 2021 through 

October 31, 2021. The safety zone will 

cover all navigable waters within a 100- 

yard radius of crane barges and 

associated machinery conducting 

repairs on the Sarah Mildred Long 

Bridge. The safety zone will be enforced 

during 4.5 hour periods around slack 

tide, either once or twice a day, on each 

prescribed day within the effective 

period listed above. During periods of 

enforcement, the Sarah Mildred Long 

Bridge will remain in the closed 

position and all vessels will be 

prohibited from transiting under the 

bridge. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters while the bridge is 

being repaired. 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 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the safety zone. The 

safety zone is only in effect for 

navigable waters within a 100-yard 

radius of crane barges and associated 

machinery conducting repairs on the 

Sarah Mildred Long Bridge. The safety 

zone will only be enforced during 4.5 

hour periods around slack tide, either 

once or twice a day, on each prescribed 

day while the crane barge is on site and 

actively engaged in bridge repairs. 

Persons or vessels desiring to enter the 

safety zone may do so with the 

permission from the COTP or a 

Designated Representative. The Coast 

Guard will notify the public of the 

enforcement of this rule through 

appropriate means, which may include, 

but are not limited to, publication in the 

Local Notice to Mariners and Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16. 

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 rule will 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 V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

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 rule. If the 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. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

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 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 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 

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 

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 

establishing a safety zone on the 

Piscataqua River that will prohibit entry 

within a 100-yard radius of crane barges 

and associated machinery being used by 

personnel to repair the Sarah Mildred 

Long Bridge. It is categorically excluded 

from further review under paragraph 

L60(a) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 


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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations 46603 

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. 

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. 

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 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, Revision No. 01.2. 

■ 2. Add § 165.T01–0519 to read as 

follows: 

§ 165.T01–0519 Safety Zone; SML Bridge 

Repairs, Portsmouth, NH. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Piscataqua River, from surface to 

bottom, within a 100-yard radius around 

crane barges and associated machinery 

conducting repairs on the Sarah Mildred 

Long Bridge. 

(b) Definitions. As used in 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 Northern New England (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, 

contact the COTP or the COTP’s 

Designated Representative via VHF–FM 

marine channel 16 or by contacting the 

Coast Guard Sector Northern New 

England Command Center at (207) 741– 

5465. 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 

is effective from September 1, 2021, 

through October 31, 2021, but will only 

be enforced during periods when bridge 

repairs are active. When enforced, the 

Sarah Mildred Long Bridge will remain 

in the closed position and all vessels 

will be prohibited from transiting under 

the bridge. The Coast Guard will notify 

the public of the enforcement of this 

rule through appropriate means, which 

may include, but are not limited to, 

publication in the Local Notice to 

Mariners and Broadcast Notice to 

Mariners via VHF–FM marine channel 

16. 

Dated: August 4, 2021. 

A.E. Florentino, 

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

Port Northern New England. 

[FR Doc. 2021–17753 Filed 8–18–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0549] 

RIN 1625–AA00 

Safety Zone; New York Upper Bay, 

Pierhead Channel, and Port Jersey 

Channel, Bayonne, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of New York Upper 

Bay, Pierhead Channel, and Port Jersey 

Channel within 100 yards of the 

Bayonne Peninsula bulkhead. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by two 

building demolitions on shore. When 

enforced, entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port of New York or a designated 

representative. 

DATES: This rule is effective without 

actual notice from August 19, 2021, 

through October 31, 2021. For the 

purposes of enforcement, actual notice 

will be used from August 8, 2021 

through August 19, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0549 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 MST1 Jaison Kurian, Waterways 

Management Division, U.S. Coast 

Guard; telephone 718–354–4352, email 

Jaison.Kurian@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 

immediate action is needed to safeguard 

the public. Two brick and concrete rebar 

reinforced buildings (Numbers 32 and 

42), six and one-half stories tall and 

located along the south shore of the 

Bayonne Peninsula are being 

demolished using land based explosives 

and immediate action is needed to 

respond to the potential safety hazards 

associated with this activity. It is 

impracticable to publish an NPRM 

because we must establish this safety 

zone by August 8, 2021. This rule is 

enforceable through October 31, 2021 as 

a contingency for any unforeseen delays 

or revisions to the building demolitions. 

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 protect the public from the 

potential safety hazards associated with 

this activity. 


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