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