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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations designated representative while navigating in the regulated area.
d Informational broadcasts. The COTP or a designated representative will inform the public of the enforcement date and times for this safety zone, as well as any emergent safety concerns that may delay the enforcement of the zone through Broadcast Notice to Mariners BNM and or Local Notices to Mariners LNMs.
Dated: August 13, 2021.
R.M. Scott, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River.
FR Doc. 202117728 Filed 81921; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210451
RIN 1625AA00

Safety Zone; Ohio River, Newburgh, IN
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Ohio River extending the entire width of the river, from mile marker MM 777.3 to MM
778.3. This action is necessary to provide for the safety of life on these navigable waters near Newburgh, Indiana during the City of Newburgh fireworks display on September 4, 2021.
This regulation prohibits persons and vessels from being in the safety zone unless 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 4, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0451 in the search box and click Search. Next, in the Document Type column, select Supporting & Related Material.
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SUMMARY:

If you have questions on this rule, call or email MST3 Christopher Matthews, U.S.
Coast Guard; telephone 5027795334, email Christopher.S.Matthews@
uscg.mil.

FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION:

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I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Ohio Valley 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 On June 17, 2021, the Historic Newburgh, Inc notified the Coast Guard that it will be conducting a fireworks display from 9:30 p.m. though 10 p.m.
on September 4, 2021. The fireworks are to be launched from the shore of the Ohio River at approximately mile marker MM 777.3 to MM 778.3.
Hazards from firework displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port Sector Ohio Valley COTP has determined that potential hazards associated with the fireworks to be used in this display would be a safety concern for anyone on a one-mile stretch of the Ohio River. In response, on July, 2, 2021, the Coast Guard published a notice of proposed rulemaking NPRM titled Safety Zone;
Ohio River, Newburgh, IN docket number USCG20210451 86 FR
35242. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended August 2, 2021, we received 1 comment.
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 the public interest because we must establish the safety zone by September 4, 2021 to protect the public from the potential hazards associated with the fireworks event on that date.
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 Sector Ohio Valley COTP has determined that potential hazards associated with the fireworks to be used in this September 4, 2021
display will be a safety concern for anyone within the area. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone before, during, and after the scheduled event.

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IV. Discussion of Comments, Changes, and the Rule As noted above, we received one comment on our NPRM published July 2, 2021. The comment was from a citizen concerned about environmental impact of this firework display. The environmental concerns raised by the commenter appear to be in regards to the potential dangers to the environment from the fireworks, and not the environmental impact of this safety zone. The Coast Guard is not sponsoring or conducting the fireworks;
we are only establishing a safety zone around the display to protect persons and property from hazards associated with the display. During the development of this temporary final rule, the Coast Guard underwent an environmental review process and determined this safety zone fit a categorical exclusion under the National Environmental Policy Act as explained in greater detail in paragraph F of this document. The Coast Guard duly considered the environmental impacts in our decision to authorize the safety zone as part of the decision making process. No changes have been made to the final rule regulatory text from what was proposed in the NPRM.
This rule establishes a safety zone from 9:30 p.m. through 10 p.m. on September 4, 2021. The safety zone will cover all navigable waters, extending the entire width of the Ohio River from MM 777.3 to MM 778.3. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled 9:30 p.m. to 10 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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