Safety Zone; St. Clair Icy Bazaar Fireworks, St. Clair River, MI, 2550-2552 [2022-00792]
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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations
governments or the private sector. The
rule also does not have a significant or
unique effect on state, local, or tribal
governments or the private sector.
Therefore, a statement containing the
information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et
seq.) is not required.
Effects on the Energy Supply
Clarity of This Regulation
[Docket No. USCG–2022–0006]
Takings
The Commission is required by
Executive Orders 12866 and 12988 and
by the Presidential Memorandum of
June 1, 1998, to write all rules in plain
language. This means that each rule that
the Commission publishes must:
(a) Be logically organized;
(b) use the active voice to address
readers directly;
(c) use clear language rather than
jargon;
(d) be divided into short sections and
sentences; and
(e) use lists and tables wherever
possible.
RIN 1625–AA00
Under the criteria in Executive Order
12630, this final rule does not affect
individual property rights protected by
the Fifth Amendment nor does it
involve a compensable ‘‘taking.’’ Thus,
a takings implication assessment is not
required.
Federalism
Under the criteria in Executive Order
13132, this final rule has no 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.
Civil Justice Reform
This final rule complies with the
requirements of Executive Order 12988.
Specifically, this rule has been reviewed
to eliminate errors and ambiguity and
written to minimize litigation. It is
written in clear language and contains
clear legal standards.
Consultation With Indian Tribes
In accordance with the President’s
memorandum of April 29, 1994,
Government-to-Government Relations
with Native American Tribal
Governments, Executive Order 13175
(59 FR 22951, November 6, 2000), the
Commission has determined that
consultations with Indian gaming tribes
is not practicable, as Congress has
mandated that annual civil penalty
adjustments in the Act be implemented
no later than January 15th of each year.
Paperwork Reduction Act
khammond on DSKJM1Z7X2PROD with RULES
List of Subjects in 25 CFR Part 575
Administrative practice and
procedure, Gaming, Indian lands,
Penalties.
For the reasons set forth in the
preamble, the Commission amends 25
CFR part 575 as follows:
PART 575—CIVIL FINES
1. The authority citation for part 575
continues to read as follows:
■
[Amended]
2. Amend the introductory text of
§ 575.4 by removing ‘‘$54,157’’ and
adding in its place ‘‘$57,527’’.
■
This final rule does not constitute a
major Federal action significantly
affecting the quality of the human
environment.
Information Quality Act
In developing this final rule, the
Commission did not conduct or use a
study, experiment, or survey requiring
peer review under the Information
Quality Act (Pub. L. 106–554).
Jkt 256001
In accordance with the Act, agencies
are to annually adjust civil monetary
penalties without providing an
opportunity for notice and comment,
and without a delay in its effective date.
Therefore, the Commission is not
required to complete a notice and
comment process prior to promulgation.
§ 575.4
National Environmental Policy Act
16:23 Jan 14, 2022
Required Determinations Under the
Administrative Procedure Act
Authority: 25 U.S.C. 2705(a), 2706, 2713,
2715; and Sec. 701, Pub. L. 114–74, 129 Stat.
599.
This final rule does not affect any
information collections under the
Paperwork Reduction Act.
VerDate Sep<11>2014
This final rule is not a significant
energy action under the definition in
Executive Order 13211. A Statement of
Energy Effects is not required.
Dated: January 12, 2022.
E. Sequoyah Simermeyer,
Chairman.
Jeannie C. Hovland,
Vice Chair.
[FR Doc. 2022–00835 Filed 1–14–22; 8:45 am]
BILLING CODE 7565–01–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Safety Zone; St. Clair Icy Bazaar
Fireworks, St. Clair River, MI
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 50-yard
radius of a portion of the St. Clair River,
St. Clair, MI. This zone is necessary to
protect spectators and vessels from
potential hazards associated with the St.
Clair Icy Bazaar Fireworks.
DATES: This temporary final rule is
effective from 6 p.m. on January 22,
2022, through 6:30 p.m. on January 23,
2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0006 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 temporary
rule, call or email Tracy Girard,
Prevention Department, Sector Detroit,
Coast Guard; telephone 313–568–9564,
or email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Detroit
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
E:\FR\FM\18JAR1.SGM
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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The Coast
Guard did not receive the final details
of this fireworks display in time to
publish an NPRM. As such, it is
impracticable to publish an NPRM
because we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing the rule. To provide such
a comment period would prevent the
Coast Guard from enforcing the safety
zone at the time of the event, leaving the
public in danger from the hazards
associated with a firework display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Detroit (COTP) has
determined that potential hazard
associated with fireworks from 6 p.m.
on January 22, 2022, through 6:30 p.m.
on January 23, 2022, will be a safety
concern to anyone within a 50-yard
radius of the launch site. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the fireworks are being displayed.
IV. Discussion of the Rule
This rule establishes a safety zone
from 6 p.m. on January 22, 2022,
through 6:30 p.m. on January 23, 2022.
The safety zone will be enforced from 6
p.m. until 6:30 p.m. on January 22,
2022. In the case of predicted inclement
weather on January 22, 2022, this safety
zone will be enforced from 6 p.m. to
6:30 p.m. on January 23, 2022. The
safety zone will encompass all U.S.
navigable waters of the St. Clair River,
St. Clair, MI, within a 50-yard radius of
position 42°49.477′ N, 082°29.107′ W
(NAD 83). No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
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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.
Executive Order 13771 directs agencies
VerDate Sep<11>2014
16:23 Jan 14, 2022
Jkt 256001
to control regulatory costs through a
budgeting process. 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), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
the St. Clair River from 6 p.m. until 6:30
p.m. on January 22, 2022, or January 23,
2022. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners
(BNM) via VHF–FM marine channel 16
about the zone and the rule allows
vessels to seek permission to enter the
zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 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 contact 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
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2551
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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations
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 safety
zone lasting less than one hour that will
prohibit entry into a designated area. It
is categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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:
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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. 00170.1, Revision No. 01.2.
2. Add § 165.T09–0006 to read as
follows:
■
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[Docket Number USCG–2022–0020]
Security Zones; Corpus Christi Ship
Channel, Corpus Christi, TX
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing two temporary, 500-yard
radius, moving security zones for
certain Liquefied Natural Gas Carriers
(LNGC) within the Corpus Christi Ship
Channel and La Quinta Channel. The
security zones are needed to protect the
vessels and the marine environment
from potential hazards created by
Liquefied Natural Gas (LNG) cargo
aboard the vessels. Entry of vessels or
persons into these zones is prohibited
unless specifically authorized by the
Captain of the Port Sector Corpus
Christi or a designated representative.
DATES: This rule is effective without
actual notice from 12:01 a.m. until 11:59
p.m. on January 18, 2022. For the
purposes of enforcement, actual notice
SUMMARY:
§ 165.T09–0006 Safety Zone; St. Clair Icy
Bazaar Fireworks, St. Clair River, MI.
(a) Location. A safety zone is
established to include all U.S. navigable
waters of the St. Clair River, St. Clair,
MI, within a 50-yard radius of position
42°49.477′ N, 082°29.107′ W (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) of this
section will be enforced from 6 p.m.
until 6:30 p.m. on January 22, 2022. In
the case of inclement weather on
January 22, 2022, this safety zone will
be enforced from 6 p.m. to 6:30 p.m. on
January 23, 2022.
(c) Regulations. (1) No vessel or
person may enter, transit through, or
anchor within the safety zone unless
Jkt 256001
33 CFR Part 165
RIN 1625–AA87
1. The authority citation for part 165
continues to read as follows:
■
16:23 Jan 14, 2022
Dated: January 5, 2022.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2022–00792 Filed 1–14–22; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
authorized by the Captain of the Port
Detroit (COTP), or his on-scene
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
COTP is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the Captain of the Port Detroit
to act on his behalf.
(4) Vessel operators shall contact the
COTP or his on-scene representative to
obtain permission to enter or operate
within the safety zone. The COTP or his
on-scene representative may be
contacted via VHF Channel 16 or at
(313) 568–9464. Vessel operators given
permission to enter or operate in the
regulated area must comply with all
directions given to them by the COTP or
his on-scene representative.
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will be used from January 12, 2022,
until 12:01 a.m. on January 18, 2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Anthony
Garofalo, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email Anthony.M.Garofalo@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus
Christi
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 it is
impracticable. We must establish these
security zones by January 12, 2022, to
ensure security of these vessels and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
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 contrary to the public
interest because immediate action is
needed to provide for the security of
these vessels.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Corpus
Christi (COTP) has determined that
potential hazards associated with the
transit of the Motor Vessel (M/V)
GASLOG WALES and M/V VALENCIA
KNUTSEN when loaded will be a
security concern within a 500-yard
radius of the vessels. This rule is needed
to protect the vessels while the vessels
are transiting within Corpus Christi, TX,
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]]>Agencies
[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Rules and Regulations]
[Pages 2550-2552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00792]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2022-0006]
RIN 1625-AA00
Safety Zone; St. Clair Icy Bazaar Fireworks, St. Clair River, MI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 50-yard radius of a portion of the St. Clair
River, St. Clair, MI. This zone is necessary to protect spectators and
vessels from potential hazards associated with the St. Clair Icy Bazaar
Fireworks.
DATES: This temporary final rule is effective from 6 p.m. on January
22, 2022, through 6:30 p.m. on January 23, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0006 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
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone 313-568-9564, or email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Detroit
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
[[Page 2551]]
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because doing so would be
impracticable. The Coast Guard did not receive the final details of
this fireworks display in time to publish an NPRM. As such, it is
impracticable to publish an NPRM because we lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule. To provide such a comment period would prevent
the Coast Guard from enforcing the safety zone at the time of the
event, leaving the public in danger from the hazards associated with a
firework display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Detroit (COTP) has determined that
potential hazard associated with fireworks from 6 p.m. on January 22,
2022, through 6:30 p.m. on January 23, 2022, will be a safety concern
to anyone within a 50-yard radius of the launch site. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the fireworks are being
displayed.
IV. Discussion of the Rule
This rule establishes a safety zone from 6 p.m. on January 22,
2022, through 6:30 p.m. on January 23, 2022. The safety zone will be
enforced from 6 p.m. until 6:30 p.m. on January 22, 2022. In the case
of predicted inclement weather on January 22, 2022, this safety zone
will be enforced from 6 p.m. to 6:30 p.m. on January 23, 2022. The
safety zone will encompass all U.S. navigable waters of the St. Clair
River, St. Clair, MI, within a 50-yard radius of position
42[deg]49.477' N, 082[deg]29.107' W (NAD 83). No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the St. Clair River from 6 p.m. until
6:30 p.m. on January 22, 2022, or January 23, 2022. Moreover, the Coast
Guard will issue Broadcast Notice to Mariners (BNM) via VHF-FM marine
channel 16 about the zone and the rule allows vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 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
contact 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
[[Page 2552]]
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 safety zone
lasting less than one hour that will prohibit entry into a designated
area. It is categorically excluded from further review under paragraph
L60(a) in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures 5090.1. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T09-0006 to read as follows:
Sec. 165.T09-0006 Safety Zone; St. Clair Icy Bazaar Fireworks, St.
Clair River, MI.
(a) Location. A safety zone is established to include all U.S.
navigable waters of the St. Clair River, St. Clair, MI, within a 50-
yard radius of position 42[deg]49.477' N, 082[deg]29.107' W (NAD 83).
(b) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 6 p.m. until 6:30 p.m. on
January 22, 2022. In the case of inclement weather on January 22, 2022,
this safety zone will be enforced from 6 p.m. to 6:30 p.m. on January
23, 2022.
(c) Regulations. (1) No vessel or person may enter, transit
through, or anchor within the safety zone unless authorized by the
Captain of the Port Detroit (COTP), or his on-scene representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or his on-scene representative.
(3) The ``on-scene representative'' of COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the Captain of the
Port Detroit to act on his behalf.
(4) Vessel operators shall contact the COTP or his on-scene
representative to obtain permission to enter or operate within the
safety zone. The COTP or his on-scene representative may be contacted
via VHF Channel 16 or at (313) 568-9464. Vessel operators given
permission to enter or operate in the regulated area must comply with
all directions given to them by the COTP or his on-scene
representative.
Dated: January 5, 2022.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2022-00792 Filed 1-14-22; 8:45 am]
BILLING CODE 9110-04-P
