50996 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

anchor within the regulated area 

without the permission of the Coast 

Guard Patrol Commander. 

(2) Vessel operators desiring to enter 

or operate within the regulated area 

shall contact the Coast Guard Patrol 

Commander to obtain permission to do 

so. Vessel operators given permission to 

enter or operate within the regulated 

area must comply with all directions 

given to them by the Coast Guard Patrol 

Commander. 

Dated: September 8, 2021. 

Brad W. Kelly, 

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

Port Detroit. 

[FR Doc. 2021–19757 Filed 9–13–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0497] 

RIN 1625–AA00 

Safety Zone; Potomac River, Prince 

William County, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Potomac River. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment on these navigable waters 

near Cherry Hill, in Prince William 

County, VA, on September 18, 2021, 

(with alternate date of September 19, 

2021) from potential hazards during a 

fireworks display to commemorate the 

the permanent closing of the Tim’s 

Rivershore Restaurant and Crabhouse of 

Dumfries, VA, after operating for many 

years. 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 8:30 

p.m. on September 18, 2021, through 11 

p.m. on September 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– 

0497 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 MarylandNational 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 

On June 16, 2021, Tim’s Rivershore 

Restaurant and Crabhouse notified the 

Coast Guard that from 9:30 p.m. to 10 

p.m. on September 18, 2021, it will be 

conducting a fireworks display 

launched from a barge in the Potomac 

River near Cherry Hill, in Prince 

William County, VA. In the event of 

inclement weather, the fireworks 

display will be scheduled for September 

19, 2021. In response, on August 16, 

2021, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

titled ‘‘Safety Zone; Potomac River, 

Prince William County, VA’’ (86 FR 

45699). There we stated why we issued 

the NPRM, and invited comments on 

our proposed regulatory action related 

to this fireworks display. During the 

comment period that ended August 31, 

2021, we received no comments. 

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 respond 

to the potential safety hazards 

associated with the fireworks display. 

Potential safety hazards include the 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. 

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 

September 18, 2021, display will be a 

safety concern for anyone near the 

fireworks barge. 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 8:30 p.m. on 

September 18, 2021, to 11 p.m. on 

September 19, 2021. The safety zone 

will be enforced from 8:30 p.m. to 11 

p.m. on September 18, 2021, or, if 

necessary due to inclement weather on 

September 18, 2021, from 8:30 p.m. to 

11 p.m. on September 19, 2021. The 

safety zone covers all navigable waters 

of the Potomac River within 500 feet of 

the fireworks barge in approximate 

position latitude 38°34′07.97′′ N, 

longitude 077°15′37.39′′ W, located near 

Cherry Hill, in Prince William County, 

VA. The size of the zone and duration 

of the regulation are intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

before, during, and after the scheduled 

9:30 to 10 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 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, duration, and timeof-day of the safety zone, which will 

impact small designated areas of the 

Potomac River for 2.5 hours during the 

evening when vessel traffic is normally 

low. Moreover, the Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone. 

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 


tkelley on DSK125TN23PROD with RULES1
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 50997 

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 a safety 

zone lasting only 2.5 hours that will 

prohibit entry within a portion of the 

Potomac River. 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 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. 

■ 2. Add § 165.T05–0497 to read as 

follows: 

§ 165.T05–0497 Safety Zone; Potomac 

River, Prince William County, VA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Potomac River, within 500 feet of the 

fireworks barge in approximate position 

latitude 38°34′07.97′′ N, longitude 

077°15′37.39′′ W, located near Cherry 

Hill, in Prince William County, VA. 

These coordinates are based on datum 

NAD 83. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port MarylandNational Capital Region to assist in 

enforcing the safety zone described in 

paragraph (a) of this section. 

(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 

representative by telephone at 410–576– 

2693 or on Marine Band Radio VHF–FM 

channel 16 (156.8 MHz). The Coast 

Guard vessels enforcing this section can 

be contacted on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

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 officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement period. This section 

will be enforced from 8:30 p.m. to 11 

p.m. on September 18, 2021. If 

necessary due to inclement weather on 

September 18, 2021, it will be enforced 

from 8:30 p.m. to 11 p.m. on September 

19, 2021. 


tkelley on DSK125TN23PROD with RULES1
50998 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

Dated: September 8, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–19763 Filed 9–13–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0732] 

RIN 1625–AA00 

Safety Zone; Explosives arc at Military 

Ocean Terminal Concord, Suisun Bay, 

Concord, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of the Suisun Bay, 

off Concord, CA, in support of explosive 

off and on-loading to Military Ocean 

Terminal Concord (MOTCO). This 

safety zone is necessary to protect 

personnel, vessels, and the marine 

environment from potential explosion 

within the explosive arc. Unauthorized 

persons or vessels are prohibited from 

entering into, transiting through, or 

remaining in the safety zone without the 

permission of the Captain of the Port 

San Francisco or a designated 

representative. 

DATES: This rule is effective without 

actual notice from September 14, 2021 

through 11:59 p.m. September 18, 2021. 

For the purposes of enforcement, actual 

notice will be used from September 13, 

2021 until September 14, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0732 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 Lieutenant Junior Grade William 

Harris, Waterways Management, U.S. 

Coast Guard; telephone (415) 399–7443, 

email SFWaterways@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 

impractical. The Coast Guard received 

the initial report of larger explosives arc 

on September 8, 2021. It is impractical 

to go through the full notice and 

comment rule making process because 

the Coast Guard must establish this 

temporary safety zone by September 13, 

2021 and lacks sufficient time to 

provide a reasonable comment period 

and to consider those comments before 

issuing the 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 contrary to public 

interest because immediate action is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters around the potentially 

hazardous explosive off and on-loading. 

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 San Francisco 

(COTP) has determined that potential 

hazards associated with the explosive 

off and on-loading will exist between 

September 13, 2021 and September 18, 

2021. There will be a safety concern for 

anyone within a 4,500-foot radius of the 

explosive off and on-load. For this 

reason, this temporary safety zone is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters surrounding the 

potentially hazardous off and onloading operations. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone in the navigable waters 

around the explosives off and onloading occurring at MOTCO off 

Concord, CA for a five-day cargo 

operation period conducted between 

September 13, 2021 and September 18, 

2021. The temporary safety zone will 

encompass the navigable waters of 

Suisun Bay, from surface to bottom, 

within a circle formed by connecting all 

points 4,500 feet out from the location 

of the explosive material at approximate 

position 38°3.54′′ N, 122°0.82′′ W or as 

announced via Broadcast Notice to 

Mariners. The projected explosive arc 

presents the need for a 4,500 foot radius, 

which is larger than the safety zone 

already established in 33 CFR 165.1198. 

This regulation is necessary to keep 

persons and vessels away from the 

immediate vicinity of the explosive 

materials during cargo operations, and 

to ensure the safety of personnel, 

vessels, and the marine environment. 

Except for persons or vessels authorized 

by the COTP or the COTP’s designated 

representative, no person or vessel may 

enter or remain in the restricted area. A 

‘‘designated representative’’ means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel or a Federal, State, or local 

officer designated by or assisting the 

COTP in the enforcement of the safety 

zone. 

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 limited duration and 

narrowly tailored geographic area of the 

safety zone. Although this rule restricts 

access to the water encompassed by the 

safety zone, the effect of this rule will 

not be significant because the local 

waterways users will be notified to 

ensure the safety zone will result in 

minimum impact. The vessels desiring 

to transit through or around the 

temporary safety zone may do so upon 

express permission from the COTP or 

the COTP’s designated representative. 


tkelley on DSK125TN23PROD with RULES1