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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation water, Reporting and recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

Coast Guard Sector Northern New England Command Center at 207 741
5465. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTPs Designated Representative.
d Enforcement period. This section is effective from September 1, 2021, through October 31, 2021, but will only be enforced during periods when bridge repairs are active. When enforced, the Sarah Mildred Long Bridge will remain in the closed position and all vessels will be prohibited from transiting under the bridge. The Coast Guard will notify the public of the enforcement of this rule through appropriate means, which may include, but are not limited to, publication in the Local Notice to Mariners and Broadcast Notice to Mariners via VHFFM marine channel 16.
Dated: August 4, 2021.
A.E. Florentino, Captain, U.S. Coast Guard, Captain of the Port Northern New England.

PART 165REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:

FR Doc. 202117753 Filed 81821; 8:45 am BILLING CODE 911004P

Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.051, 6.041, 6.046, and 160.5;
Department of Homeland Security Delegation No. 0170.1, Revision No. 01.2.

2. Add 165.T010519 to read as follows:

lotter on DSK11XQN23PROD with RULES1

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210549

165.T010519 Safety Zone; SML Bridge Repairs, Portsmouth, NH.

RIN 1625AA00

a Location. The following area is a safety zone: All navigable waters of the Piscataqua River, from surface to bottom, within a 100-yard radius around crane barges and associated machinery conducting repairs on the Sarah Mildred Long Bridge.
b Definitions. As used in this section, Designated Representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Northern New England COTP
in the enforcement of the safety zone.
c Regulations. 1 Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph a of this section unless authorized by the COTP
or the COTPs Designated Representative.
2 To seek permission to enter, contact the COTP or the COTPs Designated Representative via VHFFM
marine channel 16 or by contacting the
Safety Zone; New York Upper Bay, Pierhead Channel, and Port Jersey Channel, Bayonne, NJ

VerDate Sep<11>2014

16:12 Aug 18, 2021

Jkt 253001

Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable waters of New York Upper Bay, Pierhead Channel, and Port Jersey Channel within 100 yards of the Bayonne Peninsula bulkhead. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by two building demolitions on shore. When enforced, entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port of New York or a designated representative.

This rule is effective without actual notice from August 19, 2021, through October 31, 2021. For the purposes of enforcement, actual notice will be used from August 8, 2021
through August 19, 2021.

DATES:

PO 00000

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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
0549 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 MST1 Jaison Kurian, Waterways Management Division, U.S. Coast Guard; telephone 7183544352, email Jaison.Kurian@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

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 immediate action is needed to safeguard the public. Two brick and concrete rebar reinforced buildings Numbers 32 and 42, six and one-half stories tall and located along the south shore of the Bayonne Peninsula are being demolished using land based explosives and immediate action is needed to respond to the potential safety hazards associated with this activity. It is impracticable to publish an NPRM
because we must establish this safety zone by August 8, 2021. This rule is enforceable through October 31, 2021 as a contingency for any unforeseen delays or revisions to the building demolitions.
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 protect the public from the potential safety hazards associated with this activity.

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