Temporary Safety Zone; Loveless Wedding Fireworks, Omena, MI, 41404-41406 [2021-16214]

Download as PDF 41404 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Rules and Regulations (8) Mile marker 42 (38 08′55″ N 92 52′23.30″ W). (b) Period of enforcement. August 10, 2021 from 10 p.m. until 10:30 p.m. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, persons and vessels are prohibited from entering the safety zone unless authorized by the Captain of the Port Sector Upper Mississippi River (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 USCG Sector Upper Mississippi River. (2) Persons or vessels desiring to enter into or pass through the zone must request permission from the COTP or a designated representative. They may be contacted on VHF radio Channel 16 or by telephone at 314–269–2332. (3) If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative while navigating in the regulated area. (d) Informational broadcasts. The COTP or a designated representative will inform the public of the enforcement date and times for this safety zone, as well as any emergent safety concerns that may delay the enforcement of the zone through either A Safety Marine Information Broadcast (SMIB), Broadcast Notice to Mariners (BNM) and or Local Notices to Mariners (LNMs). R.M. Scott, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River. [FR Doc. 2021–16197 Filed 7–30–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0584] RIN 1625–AA00 Temporary Safety Zone; Loveless Wedding Fireworks, Omena, MI Coast Guard, DHS. Temporary final rule. AGENCY: khammond on DSKJM1Z7X2PROD with RULES ACTION: The Coast Guard is establishing a temporary safety zone for a fireworks display off the shore of the Omena Traverse Yacht Club in Omena, MI. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by fireworks display. Entry of SUMMARY: VerDate Sep<11>2014 16:00 Jul 30, 2021 Jkt 253001 vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sault Sainte Marie or a designated representative. This rule is effective from 6 p.m. through 11:59 p.m. on August 21, 2021. It will be enforced from 9 p.m. through 11 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– 0584 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 ssmprevention@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: 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. The event sponsor did not submit notice to the Coast Guard with sufficient time to publish an NPRM and receive public comments prior to the event. Delaying the effective date of this rule to wait for a comment period to run would be contrary to the public interest and impractical by inhibiting the Coast Guard’s ability to protect the public from the dangers associated with a fireworks display with a potential blast zone and expected fall-out area occurring over the water. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 August 21, 2021, will be a safety concern for anything within a 250-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 August 21, 2021. The safety zone will cover all navigable waters within 250 feet of a fireworks display off shore Omena Traverse Yacht Club in Omena, MI in position 45°6′6.36″ N 85°34′48.22″ 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 off shore of Omena Traverse Yacht Club. E:\FR\FM\02AUR1.SGM 02AUR1 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Rules and Regulations Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone. khammond on DSKJM1Z7X2PROD with RULES 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, VerDate Sep<11>2014 16:00 Jul 30, 2021 Jkt 253001 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 250-foot radius of a fireworks display off shore Omena Traverse Yacht Club in Omena, MI. 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. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 41405 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.T09–0584 to read as follows: ■ § 165.T09–0584 Loveless Wedding Fireworks, Off Shore Omena Traverse Yacht Club, Omena, MI. (a) Location. The following area is a temporary safety zone: All navigable water within 250 feet of the fireworks launching location in position 45°3′6.36″ N 85°34′48.22″ 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 E:\FR\FM\02AUR1.SGM 02AUR1 41406 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Rules and Regulations Sainte Marie or his designated representative. (d) Enforcement period. This section will be enforced from 9 p.m. through 11 p.m. on August 21, 2021. Dated: July 26, 2021. A.R. Jones, Captain of the Port Sault Sainte Marie. [FR Doc. 2021–16214 Filed 7–30–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY [EPA–R07–OAR–2021–0334; FRL–8706–02– R7] Air Plan Approval; Missouri; Restriction of Emissions From Lithographic and Letterpress Printing Operations Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Missouri on November 10, 2020. This final action will amend the SIP to revise a Missouri regulation which restricts volatile organic compound emissions from lithographic and letterpress printing operations in the St. Louis Metropolitan Area. Specifically, the State has revised this rule in order to clarify rule applicability, update incorporation by reference information, update test method references, clarify definitions, and remove unnecessary words to improve clarity. Approval of these revisions will ensure consistency between State and federally-approved rules. DATES: This final rule is effective on September 1, 2021. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R07–OAR–2021–0334. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov or please contact the person identified in the FOR FURTHER khammond on DSKJM1Z7X2PROD with RULES VerDate Sep<11>2014 16:00 Jul 30, 2021 Jkt 253001 FOR FURTHER INFORMATION CONTACT: Larry Gonzalez, Environmental Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551–7041; email address: gonzalez.larry@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Table of Contents 40 CFR Part 52 SUMMARY: section for additional information. INFORMATION CONTACT I. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. What action is the EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is being addressed in this document? The EPA is approving revisions to the Missouri SIP received on November 10, 2020. The revisions are to Title 10, Division 10 of the Code of State Regulations, 10 CSR 10–5.442 ‘‘Control of Emissions From Lithographic and Letterpress Printing Operations’’, which establishes emission limits for volatile organic compounds (VOCs) from lithographic and letterpress printing operations in St. Louis City and Jefferson, Franklin St. Louis, and St. Charles Counties (hereinafter referred to in this document as the ‘‘St. Louis Area’’). The provision at 10 CSR 10– 5.442 is SIP approved in the Code of Federal Regulations at 40 CFR 52.1320(c). These revisions, as discussed in section IV of the EPA’s proposed rule, and the technical support document (TSD) in the docket for the proposed rule, are largely administrative in nature and do not have a negative impact on air quality (86 FR 27543, May 21, 2021). The public comment period on the EPA’s proposed rule opened May 21, 2021, the date of its publication in the Federal Register and closed on June 21, 2021. During this period, the EPA received no comments. The EPA is finalizing approval the revisions to this rule because it meets the requirements of the Clean Air Act and will not have a negative impact on air quality. II. Have the requirements for approval of a SIP revision been met? The State’s submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. The State provided public notice of the revisions from May 1, 2019, to August 1, 2019, and held a PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 public hearing on July 25, 2019. The State received and addressed five comments (four being from the EPA). As explained in more detail in the TSD which is part of this docket, the SIP revision submission meets the substantive requirements of the Clean Air Act (CAA), including section 110 and implementing regulations. III. What action is the EPA taking? The EPA is taking final action to amend the Missouri SIP by approving the State’s request to revise 10 CSR 10– 5.442, ‘‘Control of Emissions From Lithographic and Letterpress Printing Operations.’’ Approval of these revisions will ensure consistency between State and federally-approved rules. The EPA has determined that these changes meet the requirements of the Clean Air Act and will not have a negative impact to air quality. IV. Incorporation by Reference In this document, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Missouri Regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 7 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the State Implementation Plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA’s approval, and will be incorporated by reference in the next update to the SIP compilation.1 V. Statutory and Executive Order Reviews Under the Clean Air Act (CAA), the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements 1 62 E:\FR\FM\02AUR1.SGM FR 27968, May 22, 1997. 02AUR1

Agencies

[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Rules and Regulations]
[Pages 41404-41406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16214]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0584]
RIN 1625-AA00


Temporary Safety Zone; Loveless Wedding Fireworks, Omena, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
fireworks display off the shore of the Omena Traverse Yacht Club in 
Omena, MI. The safety zone is needed to protect personnel, vessels, and 
the marine environment from potential hazards created by fireworks 
display. 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. through 11:59 p.m. on August 
21, 2021. It will be enforced from 9 p.m. through 11 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-
2021-0584 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. The 
event sponsor did not submit notice to the Coast Guard with sufficient 
time to publish an NPRM and receive public comments prior to the event. 
Delaying the effective date of this rule to wait for a comment period 
to run would be contrary to the public interest and impractical by 
inhibiting the Coast Guard's ability to protect the public from the 
dangers associated with a fireworks display with a potential blast zone 
and expected fall-out area occurring over the water.
    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 August 21, 2021, will be a safety concern for 
anything within a 250-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 August 21, 2021. The safety zone will 
cover all navigable waters within 250 feet of a fireworks display off 
shore Omena Traverse Yacht Club in Omena, MI in position 
45[deg]6'6.36'' N 85[deg]34'48.22'' 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 off shore of Omena Traverse Yacht Club.

[[Page 41405]]

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 250-foot radius of a fireworks display off shore Omena 
Traverse Yacht Club in Omena, MI. 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.T09-0584 to read as follows:


Sec.  165.T09-0584   Loveless Wedding Fireworks, Off Shore Omena 
Traverse Yacht Club, Omena, MI.

    (a) Location. The following area is a temporary safety zone: All 
navigable water within 250 feet of the fireworks launching location in 
position 45[deg]3'6.36'' N 85[deg]34'48.22'' 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

[[Page 41406]]

Sainte Marie or his designated representative.
    (d) Enforcement period. This section will be enforced from 9 p.m. 
through 11 p.m. on August 21, 2021.

    Dated: July 26, 2021.
A.R. Jones,
Captain of the Port Sault Sainte Marie.
[FR Doc. 2021-16214 Filed 7-30-21; 8:45 am]
BILLING CODE 9110-04-P