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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations 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
2176089, email Robert.Nakama@
uscg.mil.
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.

SUPPLEMENTARY INFORMATION:

Dated: June 21, 2021.
P.M. Hilbert, Captain, U.S. Coast Guard, Captain of the Port, Sector Puget Sound.
FR Doc. 202113723 Filed 63021; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210438
RIN 1625AA00

Safety Zone; Ohio River, New Richmond Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

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.

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SUMMARY:

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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 USCG2021
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 513921
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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, 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. 553d3, 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
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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 18002537465. 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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