Temporary Safety Zone; Bear Birthday Celebration, Lake Charlevoix, Boyne City, MI, 37051-37053 [2021-14967]
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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
expanding an already existing security
zone to limit access near Electric Boat
Shipyard. It is categorically excluded
from further review under paragraph
L60a of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Marine Safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6 and 160.5;
Departmemt of Homeland Security
Delegation No. 0170.1
2. Revise § 165.154 (a)(2) to read as
follows:
■
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§ 165.154 Safety and Security Zones;
Captain of the Port Long Island Sound Zone
Safety and Security Zones.
(a)* * *
(2) Electric Boat Shipyard, Groton,
CT.
(i) Location. All navigable waters of
the Thames River, from surface to
bottom, West of the Electric Boat
Corportation Shipyard enclosed by a
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line beginning at a point on the
shoreline 41°20′ 16″ N, 72°04 ′ 47″ W;
then running West to 41°20′ 16.2″ N,
72°04 ′58.0″ W; then running North to
41°20′28.7″ N, 72°05′01.7″ W; then
North-Northwest to 41°20′53.3″ N,
72°05′04.8″ W; then North-Northeast to
41°21′02.9″ N, 72°05′04.9″ W; then
running to shoreline at 41°21′02.9″ N,
72°04′58.2″ W (NAD 83).
(ii) Application. Paragraphs (a),(e), (f)
of § 165.33 do not apply to public
vessels or to vessels owned by, under
hire to, or performing work for the
Electric Boat Division when operating in
the security zone.
Dated: July 8, 2021.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the
Port Long Island Sound.
[FR Doc. 2021–14971 Filed 7–13–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0510]
RIN 1625–AA00
Temporary Safety Zone; Bear Birthday
Celebration, Lake Charlevoix, Boyne
City, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 500-foot
radius of a fireworks display in Lake
Charlevoix near Boyne City, MI. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by fireworks diplay. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sault Sainte Marie or a designated
representative.
DATES: This rule is effective from 6 p.m.
until 11:59 p.m. on July 31, 2021. It will
be enforced from 9 p.m. until 11:00 p.m.
on that day.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0510 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
SUMMARY:
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
37051
email LT Deaven Palenzuela, U.S. Coast
Guard Sector Sault Sainte Marie
Waterways Management, U.S. Coast
Guard; telephone 906–635–3223, email
ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
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 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). 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.
553(b)(B), 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. This safety
zone is needed to be established by July
31, 2021 in order to protect the public
from the dangers associated with a
fireworks display.
Under 5 U.S.C. 553(d)(3), 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
because action is needed to establish a
safety zone in order to protect the public
from the hazards associated with the
fireworks display.
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 Sault Sainte Marie
(COTP) has determined that potential
hazards associated with a fireworks
display on July 31, 2021, will be a safety
concern for anything within a 500-foot
radius of the navigable waters
surrounding the fireworks launch site.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone that will be enforced from 9
p.m. through 11 p.m. on July 31, 2021.
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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations
The safety zone will cover all navigable
waters within 500 feet of a fireworks
display in Lake Charlevoix near Boyne
City, MI in position 45°15′20.62″ N
85°03′50.33″ W. The duration of the
zone is intended to protect personnel,
vessels, and the marine environment in
the safety zone proceeding, during and
immediately after the fireworks display.
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.
lotter on DSK11XQN23PROD with RULES1
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 safely transit
around this safety zone which would
impact a small designated area of Lake
Charlevoix. Moreover, the Coast Guard
would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, 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.
605(b) 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
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
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16:14 Jul 13, 2021
Jkt 253001
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary safety zone lasting only 2
hours that will prohibit entry within a
500-foot radius of a fireworks display in
Lake Charlevoix. It is categorically
excluded from further review under
paragraph L[60(a)] of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165— REGULATED
NAVIGATION AREAS AND LIMITED
ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0510 to read as
follows:
■
E:\FR\FM\14JYR1.SGM
14JYR1
Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations
§ 165.T09–0510 Bear Birthday Celebration,
Lake Charlevoix, Boyne City, MI.
(a) Location. The following area is a
temporary safety zone: All navigable
water within 500 feet of the fireworks
launching location in position
45°15′20.62″ N 85°03′50.33″ W (NAD
83).
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sault Sainte Marie (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within the
safety zone described in paragraph (a) of
this section is prohibited unless
authorized by the Captain of the Port,
Sault Sainte Marie or his designated
representative.
(2) Before a vessel operator may enter
or operate within the safety zone, they
must obtain permission from the
Captain of the Port, Sault Sainte Marie,
or his designated representative via VHF
Channel 16 or telephone at (906) 635–
3233. Vessel operators given permission
to enter or operate in the safety zone
must comply with all orders given to
them by the Captain of the Port, Sault
Sainte Marie or his designated
representative.
(d) Enforcement period. This section
will be enforced from 9 p.m. until 11
p.m. on July 31, 2021.
Dated: July 8, 2021.
A.R. Jones,
Captain of the Port Sault Sainte Marie.
[FR Doc. 2021–14967 Filed 7–13–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 273
RIN 0710–AB36
Aquatic Plant Control
U.S. Army Corps of Engineers,
Department of Defense.
ACTION: Final rule.
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AGENCY:
This final rule removes the
U.S. Army Corps of Engineers part titled
Aquatic Plant Control. This part is
redundant and otherwise covers internal
agency operations that have no public
compliance component or adverse
SUMMARY:
VerDate Sep<11>2014
16:14 Jul 13, 2021
Jkt 253001
public impact. Therefore, this part can
be removed from the Code of Federal
Regulations (CFR).
DATES: This rule is effective on July 14,
2021.
ADDRESSES: Department of the Army,
U.S. Army Corps of Engineers, ATTN:
CECW–P (Mr. Jeremy Crossland), 441 G
Street NW, Washington, DC 20314–
1000.
Mr.
Jeremy Crossland at (202) 761–4259 or
by email at Jeremy.M.Crossland@
usace.army.mil.
FOR FURTHER INFORMATION CONTACT:
This final
rule removes from the CFR part 273 of
title 33, ‘‘Aquatic Plant Control,’’ which
prescribes policies, procedures and
guidelines for research, planning and
operations for the Aquatic Plant Control
Program of the Corps under authority of
section 104 of the Rivers and Harbors
Act of 1958, as amended by section 104
of the Rivers and Harbors Act of 1962
and Section 302 of the Rivers and
Harbors Act of 1965. This law, codified
at 33 U.S.C. 610 has been amended
several more times, most recently by
section 1039(d) of the Water Resources
Reform and Development Act of 2014
and section 1178(b) of the Water
Resources Development Act of 2016.
The Aquatic Plant Control Program is
designed to deal primarily with weed
infestations of major economic
significance including those that have
reached that stage and those that have
that potential in navigable waters,
tributaries, streams, connecting
channels and allied waters. The
regulation governs a program that
manages cost-share authority between
the Federal government and another
governmental agency. This rule was
initially published on June 3, 1976 (41
FR 22346). While the rule applies only
to the Corps’ Aquatic Plant Program, it
was published, at that time, in the
Federal Register to aid public
accessibility.
The solicitation of public comment
for this removal is unnecessary because
the rule is out-of-date, duplicative of
existing internal agency guidance, and
otherwise covers internal agency
operations that have no public
compliance component or adverse
public impact. For current public
accessibility purposes, updated internal
agency policy on this topic may be
found in Engineer Regulation 1130-2500, ‘‘Project Operations Partners and
Support (Work Management Policies)’’
(available at https://
www.publications.usace.army.mil/
Portals/76/Publications/
EngineerRegulations/ER_1130-2-
SUPPLEMENTARY INFORMATION:
PO 00000
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37053
500.pdf). The agency policy is only
applicable to field operating activities
having responsibility for the Aquatic
Plant Program projects and provides
guidance specific to the Corps’ control
of aquatic plants.
This rule removal is being conducted
to reduce confusion for the public as
well as for the Corps regarding the
current policy which governs the Corps’
Aquatic Plant Program. Because the
regulation does not place a burden on
the public, its removal does not provide
a reduction in public burden or costs.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review.’’
List of Subjects in 33 CFR Part 273
Aquatic plant control, Pesticides and
pests, Waterways.
PART 273—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 33 CFR part 273 is removed.
■
Date: July 1, 2021.
Jaime A. Pinkham,
Acting Assistant Secretary of the Army (Civil
Works).
[FR Doc. 2021–14719 Filed 7–13–21; 8:45 am]
BILLING CODE 3720–58–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2021–0042; FRL–10024–
87-Region 1]
Air Plan Approval; Connecticut;
Definitions of Emergency and
Emergency Engine
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Connecticut
on December 20, 2019. This revision
amends the State’s definitions of
emergency and emergency engine in its
air quality regulations. The intended
effect of this action is to approve the
December 20, 2019, submittal into the
Connecticut SIP. This action is being
taken in accordance with the Clean Air
Act.
DATES: This rule is effective on August
13, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2021–0042. All documents in the docket
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37051-37053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14967]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0510]
RIN 1625-AA00
Temporary Safety Zone; Bear Birthday Celebration, Lake
Charlevoix, Boyne City, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 500-foot radius of a fireworks display in
Lake Charlevoix near Boyne City, MI. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by fireworks diplay. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Sault Sainte Marie or a designated representative.
DATES: This rule is effective from 6 p.m. until 11:59 p.m. on July 31,
2021. It will be enforced from 9 p.m. until 11:00 p.m. on that day.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0510 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Deaven Palenzuela, U.S. Coast Guard Sector Sault
Sainte Marie Waterways Management, U.S. Coast Guard; telephone 906-635-
3223, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. 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 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). 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. 553(b)(B), 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. This
safety zone is needed to be established by July 31, 2021 in order to
protect the public from the dangers associated with a fireworks
display.
Under 5 U.S.C. 553(d)(3), 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 because action is needed to establish
a safety zone in order to protect the public from the hazards
associated with the fireworks display.
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 Sault Sainte
Marie (COTP) has determined that potential hazards associated with a
fireworks display on July 31, 2021, will be a safety concern for
anything within a 500-foot radius of the navigable waters surrounding
the fireworks launch site. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone that will be enforced
from 9 p.m. through 11 p.m. on July 31, 2021.
[[Page 37052]]
The safety zone will cover all navigable waters within 500 feet of a
fireworks display in Lake Charlevoix near Boyne City, MI in position
45[deg]15'20.62'' N 85[deg]03'50.33'' W. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
the safety zone proceeding, during and immediately after the fireworks
display.
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 safely transit around this safety zone which would impact a
small designated area of Lake Charlevoix. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, 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. 605(b) 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 zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
temporary safety zone lasting only 2 hours that will prohibit entry
within a 500-foot radius of a fireworks display in Lake Charlevoix. It
is categorically excluded from further review under paragraph L[60(a)]
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
A Record of Environmental Consideration supporting this determination
is available in the docket. For instructions on locating the docket,
see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165-- REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0510 to read as follows:
[[Page 37053]]
Sec. 165.T09-0510 Bear Birthday Celebration, Lake Charlevoix, Boyne
City, MI.
(a) Location. The following area is a temporary safety zone: All
navigable water within 500 feet of the fireworks launching location in
position 45[deg]15'20.62'' N 85[deg]03'50.33'' W (NAD 83).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sault Sainte Marie (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within the safety
zone described in paragraph (a) of this section is prohibited unless
authorized by the Captain of the Port, Sault Sainte Marie or his
designated representative.
(2) Before a vessel operator may enter or operate within the safety
zone, they must obtain permission from the Captain of the Port, Sault
Sainte Marie, or his designated representative via VHF Channel 16 or
telephone at (906) 635-3233. Vessel operators given permission to enter
or operate in the safety zone must comply with all orders given to them
by the Captain of the Port, Sault Sainte Marie or his designated
representative.
(d) Enforcement period. This section will be enforced from 9 p.m.
until 11 p.m. on July 31, 2021.
Dated: July 8, 2021.
A.R. Jones,
Captain of the Port Sault Sainte Marie.
[FR Doc. 2021-14967 Filed 7-13-21; 8:45 am]
BILLING CODE 9110-04-P
