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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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 33125 

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 the size, location, duration, 

and time-of-day of the safety zone. 

Vessel traffic not will be able to safely 

transit around these safety zones in 

certain places which will impact a small 

designated area of the Detroit River and 

Lake St. Clair River for various times 

thoughout the duration of the 4 days. 

Moreover, the Coast Guard will issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone, 

and the rule would allow 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 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 safety 

zone in various locations and times 

thoughout a 4 day period that will 

prohibit entry within 1300 yards radius 

of fireworks barges. 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 recordkeeping 

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.T09–0354 to read as 

follows: 

§ 165.T09–0354 Safety Zones; Ford 

Fireworks, Lake St. Clair, Harrison Twp, MI. 

(a) Location. The first of three safety 

zones is established to encompass all 

U.S. navigable waters of the Detroit 


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33126 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 

River within a 1,000-foot radius of 

fireworks loading site at 42°17.418′ N, 

083°06.897′ W (WGS 84). 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. 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. 

(b) Enforcement period. The first 

safety zone described in paragraph (a) of 

this section will be enforced from 8 a.m. 

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

28, 2021. The second safety zone 

described in paragraph (a) of this 

section will be enforced from 8 a.m. 

through 7 p.m. on June 28, 2021. The 

third safety zone described in paragraph 

(a) of this section will be enforced from 

7 p.m. through 11:59 p.m. on June 28, 

2021. In the case of inclement weather 

on June 28, 2021, all three safety zones 

will be enforced the subsequest day. 

The Captain of the Port Detroit will 

announce specific enforcement periods 

for these safety zones by Broadcast 

Notice to Mariners (BNM). 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within 

these safety zones is prohibited unless 

authorized by the Captain of the Port 

Detroit or a designated on-scene 

representative. 

(2) The safety zones are closed to all 

vessel traffic, except as may be 

permitted by the COTP Detroit or a 

designated on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Detroit is any 

Coast Guard commissioned, warrant or 

petty officer or a federal, state, or local 

law enforcement officer designated by 

the Captain of the Port Detroit to act on 

his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zones must 

contact the Captain of the Port Detroit 

or an on-scene representative to obtain 

permission to do so. The Captain of the 

Port Detroit or an on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Detroit or an on-scene 

representative. 

Dated: June 14, 2021. 

Brad W. Kelly, 

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

Port Detroit. 

[FR Doc. 2021–13344 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–2021–0430] 

RIN 1625–AA00 

Safety Zone; South Timbalier Block 22, 

Gulf of Mexico, Port Fourchon, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters within a one 

nautical mile radius around a capsized 

vessel in the Gulf of Mexico, South 

Timbalier block 22, near Port Fourchon, 

LA. The temporary safety zone is 

needed to protect life and property 

during emergency salvage operations 

surrounding the capsized vessel. Entry 

of vessels or persons into this zone and 

movement of vessels within this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Marine Safety Unit Houma or a 

designated representative. 

DATES: This rule is effective without 

actual notice from June 24, 2021 

through August 2, 2021. For the 

purposes of enforcement, actual notice 

will be used from June 15, 2021 until 

June 24, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0430 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Next, in the Document 

Type column, select ‘‘Supporting & 

Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Commander Matthew M. 

Spolarich, Chief of Prevention, U.S. 

Coast Guard; telephone 985–850–6437, 

email: Matthew.M.Spolarich@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 

impractible. A safety zone is necessary 

to facilitate safe salvage operations 

surrounding a capsized vessel that has 

garnered high media interest and is in 

a location frequented by commercial 

and recreational vessel traffic. 

Immediate action is needed to respond 

to the potential safety hazards 

associated with recovery salvage 

operations. We must establish this 

safety zone by June 15, 2021 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 against the public 

interest because immediate action is 

needed to continue ongoing recovery 

salvage operations. 

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 Marine Safety Unit 

Houma (COTP) has determined that 

potential hazards associated with the 

recovery salvage operations continuing 

through August 2, 2021, will be a safety 

concern for anyone within a one 

nautical mile radius around the 

capsized vessel in South Timbalier 

Block 22 of the Gulf of Mexico at 

position 29°00′25.7877′′ N, 

090°11′52.9852′′ W. This rule is needed 

to protect life and property on the 

navigable waters while recovery salvage 

operations are ongoing. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from June 15, 2021 through 

August 02, 2021. The safety zone will 

cover all navigable waters within a one 

nautical mile radius around position 

29°00′25.7877′′ N, 090°11′52.9852′′ W, 


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