Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 49241 

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 temporary interim 

rule involves a temporary safety zone 

lasting until September 30, 2021 that 

will prohibit entry into 25-yards around 

the Seagull 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, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination will be 

produced. 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. 

Accordingly, 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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T01–0219 to read as 

follows: 

§ 165.T01–0219 Safety Zone; Quinnipiac 

River, Hamden, CT. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Quinnipiac River within a 25-yard 

radius of any foundation, support, 

stanchion, pier or abutment of the 

Seagull Bridge. 

(b) Definition. 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 Long Island Sound 

(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 Sector Long Island 

Sound at 203–468–4401 (Sector Long 

Island Sound Command Center) or the 

designated representative via VHF 

channel 16 to obtain permission to do 

so. 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 until September 30, 

2021, or until the COTP determines that 

the safety zone is no longer necessary. 

Dated: April 29, 2021. 

Eva Van Camp, 

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

Long Island Sound. 

[FR Doc. 2021–18926 Filed 9–1–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0700] 

RIN 1625–AA00 

Safety Zones; Delaware River 

Dredging, Marcus Hook, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Coast Guard is 

establishing temporary safety zones on 

the waters of the Delaware River in 

portions of Marcus Hook Range and 

Anchorage 7 off Marcus Hook Range. 

The safety zones will temporarily 

restrict vessel traffic from transiting or 

anchoring in portions of the Delaware 

River while maintenance dredging is 

being conducted within the Delaware 

River. The safety zones are needed to 

protect personnel, vessels and the 

marine environment from hazards 

created by dredging operations. Entry of 

vessels or persons into these zones is 

prohibited unless specifically 

authorized by the COTP or his 

designated representatives. 

DATES: This interim rule is effective 

without actual notice from September 2, 

2021 through November 2, 2021. For the 

purposes of enforcement, actual notice 

will be used from August 31, 2021, 

through September 2, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0700 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

You may submit comments identified 

by docket number USCG–2021–0700 

using the Federal Decision Making 

Portal at https://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Edmund Ofalt, 

Waterways Management Branch, U.S. 

Coast Guard Sector Delaware Bay; 

telephone (215) 271–4889, email 

Edmund.J.Ofalt@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 

interim 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 and contrary to the public 

interest. There is insufficient time to 

allow for a reasonable comment period 

prior to the start date for dredging 

operations. The rule must be in force by 

August 31, 2021, to serve its purpose of 

ensuring the safety of the public from 

hazards associated with dredging 

operations such as submerged and 

floating pipeline, booster pumps, head 


lotter on DSK11XQN23PROD with RULES1
49242 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

sections and vessels with a restricted 

ability to maneuver. 

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 needed to mitigate 

the potential safety hazards associated 

with dredging operations in these 

locations. 

Due to the length of time this 

temporary rule will be in effect, we are 

soliciting comments on this rulemaking. 

If the Coast Guard determines that 

changes to the rule are necessary we 

will publish a subsequent rulemaking 

document in the Federal Register. 

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 COTP 

has determined that there are potential 

hazards associated with dredging 

operations. The purpose of this 

rulemaking is to ensure the safety of 

personnel, vessels, and the marine 

environment within a 250-yard radius of 

dredging operations and all associated 

pipeline and equipment. 

IV. Discussion of the Rule 

This rule establishes safety zones 

from August 31, 2021, through 

November 2, 2021. The safety zones are 

necessary to facilitate annual 

maintenance dredging of the Delaware 

River in the vicinity of Marcus Hook 

Range and Anchorage 7 off Marcus 

Hook Range (as described in 33 CFR 

110.157(a)(8)). Dredging will most likely 

be conducted with the dredge ESSEX, 

though other dredges may be used, 

along with associated dredge pipeline 

and boosters. The pipeline consists of a 

combination of floating hoses 

immediately behind the dredge and 

submerged pipeline leading to upland 

disposal areas. Due to the hazards 

related to dredging operations, the 

associated pipeline and the location of 

submerged pipeline, safety zones are 

being established in the following areas: 

(1) Safety zone one includes all 

navigable waters within 250 yards of the 

dredge displaying lights and shapes for 

vessels restricted in ability to maneuver 

as described in 33 CFR 83.27, and all 

related dredge equipment when the 

dredge is operating in Marcus Hook 

Range, and Anchorage 7. This safety 

zone is being established for the 

duration of the maintenance project. 

Vessels requesting to transit the safety 

zone must contact the dredge on VHF 

channel 13 or 16 at least 1 hour prior 

to arrival to arrange safe passage. At 

least one side of the main navigational 

channel will be kept clear for safe 

passage of vessels in the vicinity of the 

safety zone. At no time will the entire 

main navigational channel be closed to 

vessel traffic. Vessels should avoid 

meeting in these areas where one side 

of the main navigational channel is 

open and proceed per this rule and the 

Rules of the Road (33 CFR subchapter 

E). 

(2) Safety zone two includes all the 

waters of Anchorage 7 off Marcus Hook 

Range, as described in 33 CFR 

110.157(a)(8). Vessels wishing to anchor 

in Anchorage 7 off Marcus Hook Range 

while this rule is in effect must obtain 

permission from the COTP at least 24 

hours in advance by calling (215) 271– 

4807. Vessels requesting permission to 

anchor within Anchorage 7 off Marcus 

Hook must be at least 650 feet in overall 

length. The COTP will permit, at 

minimum, only one vessel to anchor at 

a time on a ‘‘first-come, first-served’’ 

basis. Vessels will only be allowed to 

anchor for a 12 hour period. Vessels that 

require an examination by the Public 

Health Service, Customs, or Immigration 

authorities will be directed to an 

anchorage by the COTP for the required 

inspection. Vessels are encouraged to 

use Anchorage 9 near the entrance to 

Mantua Creek, Anchorage 10 at Naval 

Base, Philadelphia, and Anchorage 6 off 

Deepwater Point Range as alternative 

anchorages. 

Preference is being given to vessels at 

least 650 feet in length in the Anchorage 

7 while this rule is in effect because 

vessels of this size are limited in their 

ability to utilize other anchorages due to 

draft. The depth of Anchorage 7 

provides an acceptable depth for large 

vessels to bunker and stage for facility 

arrival. Smaller vessels maintain a host 

of other options to include, but are not 

limited to Anchorage 9 and 10 as 

recommended above. 

Entry into, transiting, or anchoring 

within safety zone one is prohibited 

unless vessels obtain permission from 

the COTP or make satisfactory passing 

arrangements with the operating dredge 

per this rule and the Rules of the Road 

(33 CFR subchapter E). The COTP may 

issue updates regarding the vessel and 

equipment being utilized for these 

dredging operations via Marine Safety 

Information Bulletin and Broadcast 

Notice to Mariners. 

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 size, location, duration, and 

traffic management of the safety zones. 

The safety zones will be enforced in an 

area and in a manner that does not 

conflict with transiting commercial and 

recreational traffic. At least one side of 

the main navigational channel will be 

open for vessels to transit at all times. 

Moreover, the Coast Guard will work in 

coordination with the pilots to ensure 

vessel traffic can transit the area safely. 

Although this regulation will restrict 

access to regulated areas, the effect of 

this rule will not be significant because 

there are a number of alternate 

anchorages available for vessels to 

anchor. Furthermore, vessels may 

transit through the safety zones with the 

permission of the COTP or make 

satisfactory passing arrangements with 

the dredge ESSEX, or other dredge(s) 

that may be used in accordance with 

this rule and the Rules of the Road (33 

CFR subchapter E). The Coast Guard 

will notify the maritime public about 

the safety zones through maritime 

advisories, allowing mariners to alter 

their plans accordingly. 

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. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 49243 

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 safety 

zones to protect waterway users that 

would prohibit entry within 250 yards 

of dredging operations and will close 

only one side of the main navigation 

channel. Vessels can request permission 

to enter the channel. It is categorically 

excluded from further review under 

paragraph L[60a] of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, 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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG- 2021–0700 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this rule for alternate 

instructions. 

Viewing material in docket. To view 

documents mentioned in this rule as 

being available in the docket, find the 

docket as described in the previous 

paragraph, and then select ‘‘Supporting 

& Related Material’’ in the Document 

Type column. Public comments will 

also be placed in our online docket and 

can be viewed by following instructions 

on the https://www.regulations.gov 

Frequently Asked Questions web page. 

We review all comments received, but 

we will only post comments that 

address the topic of the rule. We may 

choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T05–0700, to read as 

follows: 

§ 165.T05–0700 Safety Zones, Delaware 

River Dredging; Marcus Hook, PA 

(a) Location. The following areas are 

safety zones: 

(1) Safety zone one includes all waters 

within 250 yards of the dredge 

displaying lights and shapes for vessels 

restricted in ability to maneuver as 

described in 33 CFR 83.27, as well as all 


lotter on DSK11XQN23PROD with RULES1
49244 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

related dredge equipment, while the 

dredge is operating in Marcus Hook 

Range. For enforcement purposes 

Marcus Hook Range includes all 

navigable waters of the Delaware River 

shoreline to shoreline, bound by a line 

drawn perpendicular to the center line 

of the channel at the farthest upriver 

point of the range to a line drawn 

perpendicular to the center line of the 

channel at the farthest downriver point 

of the range. 

(2) Safety zone two includes all the 

waters of Anchorage 7 off Marcus Hook 

Range, as described in 33 CFR 

110.157(a)(8) and depicted on U. S. 

Nautical Chart 12312. 

(b) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port to 

assist with enforcement of the safety 

zone described in paragraph (a) of this 

section. 

(c) Regulations. (1) Entry into or 

transiting within the safety zone one is 

prohibited unless vessels obtain 

permission from the Captain of the Port 

via VHF–FM channel 16 or 215–271– 

4807, or make satisfactory passing 

arrangements via VHF–FM channel 13 

or 16 with the operating dredge per this 

section and the rules of the Road (33 

CFR subchapter E). Vessels requesting to 

transit shall contact the operating 

dredge via VHF–FM channel 13 or 16 at 

least 1 hour prior to arrival. 

(2) Vessels desiring to anchor in safety 

zone two, Anchorage 7 off Marcus Hook 

Range, must obtain permission from the 

COTP at least 24 hours in advance by 

calling (215) 271–4807. The COTP will 

permit, at minimum, one vessel at a 

time to anchor on a ‘‘first-come, firstserved’’ basis. Vessels will only be 

allowed to anchor for a 12 hour period. 

Vessels that require an examination by 

the Public Health Service, Customs, or 

Immigration authorities will be directed 

to an anchorage for the required 

inspection by the COTP. 

(3) Vessels desiring to anchor in safety 

zone two, Anchorage 7 off Marcus Hook 

Range, must be at least 650 feet in 

length overall. 

(4) This section applies to all vessels 

except those engaged in the following 

operations: enforcement of laws, service 

of aids to navigation, and emergency 

response. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted by federal, state 

and local agencies in the patrol and 

enforcement of the zone. 

(e) Enforcement period. This rule will 

be enforced from August 31, 2021, 

through November 2, 2020, unless 

cancelled earlier by the Captain of the 

Port. 

Dated: August 30, 2020. 

Leon McClain, Jr., 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port, Delaware Bay. 

[FR Doc. 2021–19015 Filed 9–1–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0690] 

RIN 1625–AA00 

Safety Zone; Kanawha River, 

Charleston, WV 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Kanawha 

River from mile marker 58.1 to mile 

marker 59.1. This temporary safety zone 

is necessary to protect persons, vessels, 

and the marine environment from 

potential hazards associated with the 

Live on the Levee fireworks display. 

Entry into this safety zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Ohio Valley 

or a designated representative. 

DATES: This rule is effective from 9:30 

p.m. through 10 p.m. on September 3, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0690 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 Jonathan Braddy, 

Marine Safety Unit Huntington, U. S. 

Coast Guard; telephone 304–733–0198, 

email STL-SMB-MSUHuntingtonWWM@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. It is impracticable to 

publish an NPRM because we must 

establish this safety zone by September 

03, 2021, and we lack sufficient time to 

provide reasonable comment period and 

then consider those comments before 

issuing the rule. The NPRM process 

would delay the establishment of the 

safety zone until after the date of the 

event and compromise public safety. 

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 public interest because 

immediate action is necessary to protect 

persons, vessels and the marine 

environment from the potential 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. The 

Captain of the Port Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with a fireworks 

display taking place over this section of 

the Kanawha River will be a safety 

concern for anyone within a one-mile 

stretch of the waterway. This rule is 

needed to protect persons, vessels, and 

the marine environment in the 

navigable waters within the safety zone 

before, during, and after the scheduled 

fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone for the Live on the Levee 

fireworks display from 9:30 p.m. until 

10 p.m. on September 3, 2021. The 

safety zone covers all navigable waters 

of the Kanawha River from mile marker 

(MM) 58.1 to MM 59.1, in Charleston, 

WV. The duration of this safety zone is 

intended to protect persons, vessels, and 

the marine environment in these 


lotter on DSK11XQN23PROD with RULES1