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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
the examining physician at the CBD
diagnostic center, such as pulmonary function testing as outlined by the American Thoracic Society criteria, bronchoalveolar lavage BAL, and transbronchial biopsy. If any of the tests deemed appropriate by the examining physician are not available at the CBD
diagnostic center, they may be performed at another location that is mutually agreed upon by the employer and the employee.

DEPARTMENT OF HOMELAND
SECURITY

PART 1926SAFETY AND HEALTH
REGULATIONS FOR CONSTRUCTION

SUMMARY:

Subpart ZToxic and Hazardous Substances 3. The authority citation for 29 CFR
part 1926, subpart Z, continues to read as follows:

Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, 657; and Secretary of Labors Order No.
1271 36 FR 8754, 876 41 FR 25059, 9
83 48 FR 35736, 190 55 FR 9033, 696
62 FR 111, 32000 65 FR 50017, 52002
67 FR 65008, 52007 72 FR 31160, 42010
75 FR 55355, or 12012 77 FR 3912 as applicable; and 29 CFR part 1911.

4. In 1926.1124, revise paragraph k7ii to read as follows:

1926.1124

k
7
ii The employer must ensure that, as part of the evaluation, the employee is offered any tests deemed appropriate by the examining physician at the CBD
diagnostic center, such as pulmonary function testing as outlined by the American Thoracic Society criteria, bronchoalveolar lavage BAL, and transbronchial biopsy. If any of the tests deemed appropriate by the examining physician are not available at the CBD
diagnostic center, they may be performed at another location that is mutually agreed upon by the employer and the employee.

FR Doc. 202102809 Filed 22321; 8:45 am
khammond on DSKJM1Z7X2PROD with RULES

BILLING CODE 451026P

33 CFR Part 165
Docket Number USCG20210034
RIN 1625AA00

Safety Zone; Duluth-Superior Harbor, Duluth, MN and Superior, WI
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone for certain waters of Duluth-Superior Harbor encompassed by a box from Connors Point Marina in Superior, WI
to Rices Point in Duluth, MN and extending 100 yards from four 4 barges placed across the waterway. This action is necessary to protect the safety of life on these navigable waters of DuluthSuperior Harbor near the Blatnik Bridge for an extreme sports event. This rulemaking would prohibit persons, vehicles, and vessels from entering, transiting, or anchoring in the safety zone unless authorized by the Captain of the Port Duluth or a designated representative.

This rule is effective February 24, 2021 through March 5, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0034 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 about this proposed rulemaking, call or email LT Abbie Lyons, Chief, Incident Management Division, U.S. Coast Guard; telephone 2187253818, email Abbie.E.Lyons@
uscg.mil.
DATES:

Beryllium.

Coast Guard
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
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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 the temporary rule takes place after the closure of the Sault Saint Marie Locks on a frozen waterway with no anticipated vessel traffic. Further, delaying the effective date of this rule would be impracticable because immediate action is needed to respond to the potential safety hazards associated with the events taking place during Red Bulls filming of the snowmachine stunts across the waterway.
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. For the same reasons discussed in the preceeding paragraph, waiting for a 30-day notice period to run would be impracticable and contrary to the public interest.
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 Duluth COTP has determined that this rule is necessary to protect the safety of people, vessels, vehicles, and the navigable waters within the safety zone immediately before, during, and after the scheduled event.
IV. Discussion of the Rule The COTP establishing a safety zone from 9 a.m. through 4 p.m. daily from February 25, 2021 through March 5, 2021. The safety zone covers all navigable waters from Connors Point Marina, along the Blatnik Bridge Interstate 535 Bridge to Rices Point Landing, extending 100 yards on either side of the barges along the waterway.
The duration of the zone is intended to protect the safety of persons, vehicles, vessels, and these navigable waters immediately before, during, and after the scheduled event. No vessel, vehicle, or person would 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
E:FRFM24FER1.SGM

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