33122 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 

Country Entity License requirement License 

review policy 

Federal Register 

citation 

******

* * * * * 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2021–13395 Filed 6–23–21; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0339] 

RIN 1625–AA08 

Special Local Regulation; Gulf of 

Mexico; Sarasota, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation on 

the waters of the Gulf of Mexico, in the 

vicinity of Lido Beach, Florida, during 

the Sarasota Powerboat Grand Prix. 

Approximately 70 boats and jet skis, 

traveling at speeds in excess of 100 

miles per hour are expected to 

participate. Additionally, it is 

anticipated that 100 spectator vessels 

will be present along the race course. 

The special local regulation is necessary 

to protect the safety of race participants, 

participant vessels, spectators, and the 

general public on certain navigable 

waters of the Gulf of Mexico, Lido 

Beach, Florida during the event. The 

special local regulation will establish an 

enforcement area where all persons and 

vessels, except those persons and 

vessels participating in the high speed 

boat races, are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

without obtaining permission from the 

Captain of the Port St. Petersburg or a 

designated representative. 

DATES: This rule will be enforced daily 

from 10 a.m. until 7 p.m., on June 25, 

2021 through June 27, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0339 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 Marine Science Technician First 

Class Michael Shackleford, Sector St. 

Petersburg Prevention Department, 

Coast Guard; telephone (813) 228–2191, 

email Michael.d.shackleford@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. This temporary rule 

references a date change and a change 

to the regulated area to an annual 

recurring special local regulation that 

already exists in 33 CFR 100.703, Table 

1 to 100.703, Line 5. For this year, we 

received the date changes and the 

coordinate changes from the Sarasota 

Powerboat Grand Prix/Powerboat P–1 

USA, LLC with insufficient time to 

publish an NPRM and receive public 

comment on these changes, as the 

Sarasota Powerboat Grand Prix event 

will occur before the rulemaking 

process would be completed. Because of 

the dangers associated with high speed 

boat races, the regulation is necessary to 

provide for the safety of event 

participants, spectators, and vessels 

transiting the event area. For those 

reasons, it would be impracticable to 

publish an NPRM. 

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 immediate action is needed to 

respond to the potential safety hazards 

associated with Sarasota Grand Prix. 

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 St. Petersburg has 

determined that potential hazards 

associated with the race will be a danger 

to anyone within the regulated area. The 

purpose of the rule is to provide for the 

safety of life on navigable waters of the 

United States during the Sarasota 

Powerboat Grand Prix. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation that will encompass certain 

waters of the Gulf of Mexico, Lido 

Beach, Florida. The special local 

regulation will be enforced daily from 

10 a.m. to 7 p.m. on June 25, 2021 

through June 27, 2021. The special local 

regulation will establish an enforcement 

area where all persons and vessels, 

except those persons and vessels 

participating in the high speed boat 

races, are prohibited from entering, 

transiting through, anchoring in, or 

remaining within without obtaining 

permission from the COTP St. 

Petersburg or a designated 

representative. 

Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area by contacting the Captain 

of the Port St. Petersburg (COTP) by 

telephone at (727) 824–7506, or a 

designated representative via VHF radio 

on channel 16. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the COTP or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP or a designated representative. 

The Coast Guard will provide notice of 

the special local regulation by Local 

Notice to Mariners and/or Broadcast 

Notice to Mariners. 

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. 


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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 33123 

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: (1) The special local 

regulation will be enforced for eight 

hours on three days; (2) although 

persons and vessels may not enter, 

transit through, anchor in, or remain 

within the regulated area without 

authorization from the COTP or a 

designated representative, they may 

operate in the surrounding area during 

the enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the 

regulated area if authorized by the 

COTP or a designated representative; 

and (4) the Coast Guard will provide 

advance notification of the special local 

regulation to the local maritime 

community by Local Notice to Mariners 

and/or Broadcast Notice to Mariners. 

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 

special local regulation issued in 

conjunction with a regatta or marine 

parade. It is categorically excluded from 

further review under paragraph L61of 

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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 

1.05–1. 

■ 2. Add § 100.T07–0339 to read as 

follows: 

§ 100.T07–0339 Special Local Regulations; 

Sarasota Powerboat Grand Prix, Gulf of 

Mexico; Lido Beach, FL. 

(a) Location. The following regulated 

area is a special local regulation: All 

waters of the Gulf of Mexico contained 

within the following points: 27°17′54′′ 

N, 082°34′10′′ W, thence to position 

27°16′43′′ N, 082°35′49′′ W, thence to 

position 27°18′51′′ N, 082°38′06′′ W, 

thence to position 27°20′15′′ N, 

082°35′59′′ W, thence back to the 


khammond on DSKJM1Z7X2PROD with RULES
33124 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 

original position, 27°17′54′′ N, 

082°34′10′′ W. All coordinates are North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

COTP St. Petersburg in the enforcement 

of the regulated areas. 

(c) Regulations. (1) All nonparticipant persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the race area unless an 

authorized by the COTP St. Petersburg 

or a designated representative. 

(2) Designated representatives may 

control vessel traffic throughout the 

enforcement area as determined by the 

prevailing conditions. 

(3) Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated areas by contacting the COTP 

St. Petersburg by telephone at (727) 

824–7506, or a designated 

representative via VHF radio on channel 

16. If authorization is granted, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP St. Petersburg 

or a designated representative. 

(4) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners and/or Broadcast 

Notice to Mariners. 

(d) Enforcement Period. This rule will 

be enforced daily from 10 a.m. until 7 

p.m.. on June 25, 2021 through June 27, 

2021. 

Dated: June 11, 2021. 

Matthew A. Thompson, 

Captain, U.S. Coast Guard, Captain of the 

Port St. Petersburg. 

[FR Doc. 2021–13479 Filed 6–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0354] 

RIN 1625–AA00 

Safety Zone; Ford Fireworks, Lake St. 

Clair, Harrison Twp, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary safety zones for 

navigable waters in Detroit River and 

Lake St. Clair, MI. The safety zones are 

necessary to protect spectators and 

vessels from potential hazards 

associated with the Ford Fireworks 

Display. Entry of vessels or persons into 

the zones is prohibited unless 

specifically authorized by the Captain of 

the Port Detroit or their representative. 

DATES: This rule is effective from 8 a.m. 

on June 24, 2021 through 11:59 p.m. on 

June 28, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0354 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 Ms. Tracy Girard, U.S. Coast 

Guard; (313) 475–7475, 

Tracy.M.Girard@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) 

(5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so is impracticable since this safety zone 

must be established by June 24, 2021 

and the Coast Guard did not receive 

notice of the event with sufficient time 

to undergo notice and comment before 

that date. Thus, delaying the effective 

date of this rule to wait for a comment 

period to run would be contrary to the 

public interest and impracticable by 

inhibiting the Coast Guard’s ability to 

protect spectators and vessels from the 

hazards associated with a fireworks 

display with a potential blast zone. 

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 rule’s 

objectives in ensuring that the potential 

safety hazards associated with the Ford 

Fireworks display are effectively 

mitigated, and life and property on the 

navigable waters in the vicinity are 

protected. 

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 Detroit (COTP) has 

determined that potential hazards 

associated with the Ford Fireworks 

display starting June 24, 2021, will be a 

safety concern during the loading, 

transit, and execution of the Ford 

Fireworks. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone while the work 

is being completed. 

IV. Discussion of the Rule 

This rule establishes three safety 

zones from 8 a.m. on June 24, 2021 

through 11:59 p.m. June 28, 2021. In the 

case of inclement weather on June 28, 

2021, all three safety zones will be 

enforced the subsequent day. The first 

of the three safety zones is established 

to encompass all U.S. navigable waters 

of the Detroit River within a 1,300-foot 

radius of fireworks loading site at 

42°17.418′ N, 083°06.897′ W (WGS 84). 

This first safety zone will be enforced 

from 8 a.m. on June 24, 2021 through 8 

a.m. on June 28, 2021. The second safety 

zone is a 1,300-foot radius surrounding 

each barge while transiting in U.S. 

waters of the Detroit River from the 

loading site to the fireworks launch site 

on Lake St. Clair in the vicinity of the 

beach at the Lake St. Clair Metro Park. 

The second safety zone will be enforced 

from 8 a.m. through 7 p.m. on June 28, 

2021. A third safety zone is established 

to encompass all U.S. navigable waters 

of Lake St. Clair within a 1,300-foot 

radius at the fireworks launch site in the 

vicinity of the beach at Lake St. Clair 

Metro Park. The third safety zone will 

be enforced from 7 p.m. through 11:59 

p.m. on June 28, 2021. The duration of 

these safety zones is intended to protect 

personel, vessels, and the marine 

environment in these navigable waters 

while fireworks are being prepared, 

ignited, and after the display in the 

event of unexploded fireworks. 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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