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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations Section U.S.C. United States Code
via the Local Notice to Mariners, Broadcast Notice to Mariners, and onscene designated representatives.
Dated: November 23, 2021.
J.D. Cole, Captain, U.S. Coast Guard, Captain of the Port Charleston.
FR Doc. 202126202 Filed 12121; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210875
RIN 1625AAOO

Safety Zone; Fireworks Display, Columbia River, Richland, WA
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone for all navigable waters within a 600-foot radius of a fireworks display on the Columbia River for the City of Richland Christmas Fireworks Display in Richland, WA. This action is necessary to provide for the safety of life on these navigable waters during the fireworks display. Entry of vessels or persons, transiting though, mooring, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Sector Columbia River or a designated representative.
DATES: This rule is effective from 7:30
p.m. through 9 p.m. on December 3, 2021, and from 7:30 p.m. through 9 p.m.
on December 4, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0875 in the search box and click Search. Next, in the Document Type column, select Supporting & Related Material.
SUMMARY:

If you have questions on this rule, call or email LCDR Sean Morrison, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 5032409319, email D13-SMBMSUPortlandWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:

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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
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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 impracticable. The City of Richland did not alert the Coast Guard of the fireworks display and the associated safety hazards until November 9, 2021.
We must establish this safety zone on December 3, 2021 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule.
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 the public interest because an urgent action is needed to respond to the safety hazards associated with the planned fireworks display on December 3 and 4, 2021.
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 Columbia River has determined that potential hazards associated with the fireworks display on December 3, 2021 and December 4, 2021, will be a safety concern for anyone within a 600-foot radius of the fireworks display. 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 for the City of Richland Christmas Fireworks Display from 07:30 p.m.
through 09 p.m. on December 3, 2021
and from 07:30 p.m. through 09 p.m. on December 4, 2021. The Safety Zone will cover all navigable waters within 600feet of the pier located on the Columbia River near Howard Amon Park Waterfront on 80 Lee Boulevard,
PO 00000

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Richland, WA 99352 at approximate location 461629 N; 1191610 W. W.
The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the fireworks display is taking place. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of the U.S. Coast Guard Sector Columbia River.
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 size, location, duration, and time-of-day of the safety zone. Vessel traffic will be able to safetly transit around this safety zone which would impact a small designated area on the Columbia River for 1.5 hours during two consecutive evenings, when vessel traffic is normally low. Moreover the rule allows vessels to seek permission to enter the zone.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term small entities comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605b that this rule will not have a significant economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the safety
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