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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
2 All persons are prohibited from entering the water or swimming in the spectator area described in paragraph a2 of this section.
3 All vessels are prohibited from transiting at speeds that cause wake within the spectator area described in paragraph a2 of this section.
4 To seek permission to enter, contact the Captain of the Port Key West or a designated representative by telephone at 305 4330954, or via VHF
radio on channel 16. If authorization is granted by the Captain of the Port Key West or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Key West or a designated representative.
5 The Coast Guard will provide notice of the regulated area by Broadcast Notice to Mariners and on-scene designated representatives.
d Enforcement period. This section will be enforced from 9:30 a.m. until 4:30 p.m. on November 10, 12, and 14, 2021.
Dated: October 28, 2021.
A. Chamie, Captain, U.S. Coast Guard, Captain of the Port Key West.
FR Doc. 202123865 Filed 11321; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210801
RIN 1625AA00

Safety Zone; Munitions Transfer;
Alameda, CA
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone in the navigable waters of the Oakland Estuary in the Brooklyn Basin South Channel near Coast Guard Island in Alameda, CA in support of a munitions transfer on November 14, 2021, and November 21, 2021. This safety zone is necessary to protect personnel, vessels, and the marine environment from the dangers associated with live munitions.
Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or a designated representative.

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SUMMARY:

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This rule is effective from 8 a.m.
on November 14, 2021, until 2 p.m. on November 21, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0801 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 Lieutenant Junior Grade William Harris, U.S. Coast Guard Sector San Francisco; telephone 415 3997443, email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:

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 good cause exists for not publishing a notice of proposed rulemaking NPRM
with respect to this rule because it is impractical and contrary to the public interest. The Coast Guard did not receive final details for this event until October 18, 2021. There was insufficient time to undergo the full rulemaking process, including providing a reasonable comment period and considering those comments because the Coast Guard must establish this temporary safety zone by November 14, 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 contrary to public interest because immediate action is necessary to protect personnel, vessel, and the marine environment from the potential safety hazards associated with the munitions transfer near Alameda, CA beginning November 14, 2021.

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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 San Francisco COTP has determined that potential hazards associated with the munitions transfer on November 14, 2021 and November 21, 2021 will be a safety concern for anyone within a 250-foot radius of the pier. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone around the munitions transfer site during the munitions transfer.
IV. Discussion of the Rule This rule establishes a temporary safety zone from 8 a.m. until 2 p.m. on November 14, 2021 and from 8 a.m.
until 2 p.m. on November 21, 2021. The temporary safety zone will cover all navigable waters, from surface to bottom, within 250 feet of the munitions transfer pier located on the southwest side of Coast Guard Island in the Brooklyn Basin South Channel of the Oakland Estuary. The temporary safety zone will be terminated at 2 p.m. on both November 14, 2021 and November 21, 2021 or once announced via broadcast notice to mariners.
This regulation is necessary to keep persons and vessels away from the immediate vicinity of the munitions transfer location to ensure the safety of people, vessels, and the marine environment. Except for persons or vessels authorized by the COTP or the COTPs designated representative, no person or vessel may enter or remain in the restricted area. A designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the COTP in the enforcement of the safety zone.
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
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