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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations
Sector Puget Sound Waterways Management Division, U.S. Coast Guard; telephone 2062176051, email SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast Guard normally enforces the safety zone in 33 CFR 165.1319 for the Seattle Seafair Air Show Performance held in Lake Washington, Seattle, WA. This event is typically held annually during last week of July and the first 2 weeks of August. This year, the event organizers cancelled Seafair. Therefore, the Coast Guard does not plan to enforce the safety zone in 33 CFR 165.1319 in 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.
Dated: June 21, 2021.
P.M. Hilbert, Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
FR Doc. 202113721 Filed 62521; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210457
RIN 1625AA00

Safety Zone; Upper Potomac River, Washington, DC
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone for certain waters of the Upper Potomac River. The safety zone is needed to protect personnel, vessels, and the marine environment on these navigable waters at Washington, DC, on July 4, 2021, with alternate date of July 5, 2021 from potential hazards during a fireworks display to commemorate the July 4th holiday. 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.

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SUMMARY:

This rule is effective from 8 p.m.
on July 4, 2021, through 11 p.m. on July 5, 2021.

DATES:

VerDate Sep<11>2014

15:59 Jun 25, 2021

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To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0457 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 4105762674, email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

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 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 it is impracticable and contrary to the public interest to publish an NPRM
because we must take immediate action to establish this safety zone by July 4, 2021, to respond to potential safety hazards associated with the the fireworks display. Potential safety hazards include the accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. Event planners did not notify the Coast Guard of the event until June 17, 2021.
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 because immediate action is needed to respond to the potential safety 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
previously 33 U.S.C. 1231. The Captain of the Port, MarylandNational
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Capital Region COTP has determined that potential hazards associated with the fireworks to be used in this July 4, 2021, display will be a safety concern for anyone near these fireworks discharge sites. 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 p.m. on July 4, 2021, to 11 p.m. on July 5, 2021. The safety zone will cover all navigable waters of the Upper Potomac River, including the Tidal Basin, encompassed by a line connecting the following points:
Beginning at the shoreline of West Potomac Park at position latitude 385304.2 N, longitude 0770252.7
W, thence southwest to latitude 385257.1 N, longitude 0770259.9
W, thence southeast to the northern extent of the George Mason Bridge at latitude 385236.9 N, longitude 0770229.0 W, thence northeast along the bridge to the shoreline at latitude 385244.1 N, longitude 0770221.8
W, thence west and north along the shoreline to latitude 385255.6 N, longitude 0770215.0 W, thence northwest across the Tidal Basin to the shoreline at latitude 385311.3 N, longitude 0770227.9 W, thence south and west along the shoreline to and terminating at the point of origin located in Washington, DC. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters before, during, and after the scheduled 9:09 to 9:20
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
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