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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
110.157a8 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 VHFFM channel 16 or 215271
4807, or make satisfactory passing arrangements via VHFFM 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 VHFFM 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 2714807. 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
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cancelled earlier by the Captain of the Port.

II. Background Information and Regulatory History
Dated: August 30, 2020.
Leon McClain, Jr., Captain, U.S. Coast Guard, Alternate Captain of the Port, Delaware Bay.

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. 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. 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 public interest because immediate action is necessary to protect persons, vessels and the marine environment from the potential hazards associated with the fireworks display.

FR Doc. 202119015 Filed 9121; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210690
RIN 1625AA00

Safety Zone; Kanawha River, Charleston, WV
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

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 USCG2021
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 3047330198, email STL-SMB-MSUHuntingtonWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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
PO 00000

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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
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