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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations II. Background Information and Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210496
RIN 1625AA00

Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD
AGENCY:
ACTION:

Coast Guard, DHS.

Temporary final rule.

The Coast Guard is establishing a temporary safety zone for certain waters of the Patapsco River.
The safety zone is needed to protect personnel, vessels, and the marine environment on these navigable waters at Baltimore, MD, on September 5, 2021, with alternate date of September 6, 2021 from potential hazards during a fireworks display to commemorate the Labor Day 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.

SUMMARY:

This rule is effective from 7:30
p.m. on September 5, 2021, through 10:30 p.m. on September 6, 2021. This rule will be enforced from 7:30 p.m.
until 10:30 p.m. on September 5, 2021, or those same hours on September 6, 2021, in the case of inclement weather on September 5, 2021.

DATES:

To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0496 in the SEARCH box and click SEARCH. Next, in the Document Type column, select Supporting &
Related Material.

ADDRESSES:

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.

FOR FURTHER INFORMATION CONTACT:

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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
VerDate Sep<11>2014

16:18 Aug 16, 2021

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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 we must take immediate action to establish this safety zone by September 5, 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 details of the event until July 29, 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, Maryland-National Capital Region COTP has determined that potential hazards associated with the fireworks to be used in this September 5, 2021, display will be a safety concern for anyone near these fireworks barges. 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.
III. Discussion of the Rule This rule establishes a temporary safety zone from 7:30 p.m. on September 5, 2021, to 10:30 p.m. on September 6, 2021. The safety zone will have two locations. These areas are Northwest Harbor and Inner Harbor.
Northwest Harbor safety zone will cover all navigable waters of the Patapsco River within 800 feet of the fireworks barge in approximate position latitude 391636.7 N, longitude 0763553.8 W, located northwest of
PO 00000

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the Domino Sugar refinery wharf at Baltimore, MD.
Inner Harbor safety zone will cover all navigable waters of the Patapsco River within 300 feet of the fireworks barge in approximate position latitude 391701
N, longitude 0763631 W, located approximately 320 feet southwest of Inner Harbor pier 3 at Baltimore, MD.
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 8:30 to 8:45 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 Patapsco River for 3 hours during the evening when vessel traffic is normally low. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHFFM marine channel 16 about the zone.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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 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.
605b that this rule will not have a significant economic impact on a substantial number of small entities.

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