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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
on a Coast Guard vessel, or a Federal, State, or local officer designated by or assisting the Captain of the Port San Francisco COTP in the enforcement of the safety zone.
c Regulations. 1 Under the general safety zone regulations in Subpart C, 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 The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTPs designated representative.
3 Vessel operators desiring to enter or operate within the safety zone must contact the COTP or the COTPs designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTPs designated representative. Persons and vessels may request permission to enter the safety zone on VHF21A or through the 24-hour Command Center at telephone 415 3993547.
d Enforcement period. This section will be enforced 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, or until announced via broadcast notice to mariners.
e Information broadcasts. The COTP
or the COTPs designated representative will notify the maritime community of periods during which this zone will be enforced in accordance with 33 CFR
165.7.

FR Doc. 202123895 Filed 11321; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210767
RIN 1625AA00

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Safety Zone; 2021 Barge Based Fireworks, Hudson River, Manhattan, NY
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:

The Coast Guard is establishing a temporary safety zone for certain navigable waters within a 600

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If you have questions on this rule, call or email MST1 S. Stevenson, Waterways Management Division, U.S. Coast Guard; telephone 7193544000, email D01-SMB-SecNY-Waterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the New York 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
Dated: October 27, 2021.
Taylor Q. Lam, Captain, U.S. Coast Guard, Captain of the Port, San Francisco.

SUMMARY:

foot radius of the fireworks launch site which is located on the Hudson River, Manhattan, NY, in the vicinity of the Hudson River Park and Pier 76. This safety zone is needed to protect personnel, vessels, and the marine environment from the potential hazards during a fireworks display on November 18, 2021. Entry of vessels or persons into, transiting through, mooring, or anchoring within this zone are prohibited unless authorized by the Captain of the Port New York.
DATES: This rule is effective from 9:30
p.m. through 11:30 p.m. on November 18, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0767 in the search box and click Search. Next, in the Document Type column, select Supporting & Related Material.

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 doing so would be impracticable and contrary to the public interest. The final details for this event were not known to the Coast Guard until there was insufficient time to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be impracticable because it would inhibit the Coast Guards ability to
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protect the public and vessels from the hazards associated with a barge based fireworks display. The expeditious implementation of this rule is in the public interest because it will help ensure the safety of those involved in displaying the fireworks, the spectators, and users of the waterway during the fireworks event.
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 the safety zone must be established for the fireworks display on November 18, 2021, to mitigate the potential safety hazards associated with a fireworks display in this location.
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 New York COTP has determined that potential hazards associated with this fireworks display, on November 18, 2021, will pose a significant risk to public safety and property. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the fallout zone immediately before, during, and after the fireworks display.
IV. Discussion of the Rule This rule establishes a temporary safety zone on all navigable waters within a 600 foot radius of a barge located at approximate position 404539.4 N, 740035.8 W on the Hudson River, Manhattan, NY, in the vicinity of the Hudson River Park and Pier 76. No vessel or person will be permitted to enter the safety zone between 9:30 p.m. through 11:30 p.m.
on November 18, 2021. The duration of the zone is intended to protect personnel, 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 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.

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