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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Virginia 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 representative by telephone at 757
4838567 or on Marine Band Radio VHFFM channel 16 156.8 MHz.
Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTPs designated representative.
3 The Coast Guard will provide notice of the regulated area by Marine Safety Information Bulletins, Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.
d Enforcement officials. The U.S.
Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies.
e Enforcement period. This section will be enforced during inbound transit of the M/V ZHEN HUA 24 through Coastal Virginia and Chesapeake Bay on the way to the Port of Baltimore.
Dated: August 24, 2021.
Jennifer A. Stockwell, Captain, U.S. Coast Guard, Acting Captain of the Port Virginia.
FR Doc. 202118525 Filed 82621; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210634
RIN 1625AA00

Safety Zone; Sodus Point Labor Day Fireworks Display; Sodus Bay; Sodus Point, NY
Coast Guard, Department of Homeland Security DHS.
ACTION: Temporary final rule.
AGENCY:

The Coast Guard is establishing a temporary safety zone for navigable waters within a 840-feet radius of land launched fireworks in Sodus bay in Sodus Point, NY. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards
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SUMMARY:

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created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo or a designated representative.
DATES: This rule is effective September 4, 2021, from 9:15 p.m. through 10:15
p.m.
To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0634 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 MST2 Anthony Urbana, U.S.
Coast Guard Sector Buffalo, via telephone 7168439342 or email D09SMB-SECBuffalo-WWM@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 with respect to this rule because the event sponsor notified the Coast Guard with insufficient time to accommodate the comment period. Delaying the effective date of this rule would be contrary to the public interest and the rules objectives of protecting the safety of life on the navigable waters, including protection of persons and vessels in vicinity of the fireworks display. It is impracticable to publish an NPRM
because we must establish this safety zone by September 4, 2021. Delay of the effective date would inhibit the Coast Guards ability to protect spectators and vessels from the hazards associated with a fireworks display with an expected fall-out area over the water.

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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 preceding 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 COTP Buffalo has determined that fireworks over the water presents significant risks to public safety and property. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the fireworks display is taking place.
IV. Discussion of the Rule This rule establishes a safety zone from 9:15 p.m. through 10:15 p.m. on September 4, 2021. The safety zone will cover all navigable waters within a 840feet radius of land launched fireworks in Sodus bay in Sodus Point, NY. The duration of the zone is intended to protect spectators, vessels, and the marine environment in these navigable waters during the fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP Buffalo 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, location, duration, and time-of-day of the safety zone. The safety zone will encompass a 840-feet radius of barge launched fireworks in Sodus Bay in Sodus Point, NY. lasting approxiamately 1 hour during the evening when vessel traffic is normally
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