38236 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations 

for failure to comply, or both. The COTP 

Maryland-National Capital Region or 

Event PATCOM may terminate the 

event, or a participant’s operations at 

any time the COTP Maryland-National 

Capital Region or Event PATCOM 

believes it necessary to do so for the 

protection of life or property. 

(2) Except for participants and vessels 

already at berth, a person or vessel 

within the regulated area at the start of 

enforcement of this section must 

immediately depart the regulated area. 

(3) A spectator must contact the Event 

PATCOM to request permission to 

either enter or pass through the 

regulated area. The Event PATCOM, and 

official patrol vessels enforcing this 

regulated area, can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz) and channel 22A (157.1 

MHz). If permission is granted, the 

spectator must enter the designated 

Spectator Area or pass directly through 

the regulated area as instructed by Event 

PATCOM. A vessel within the regulated 

area must operate at safe speed that 

minimizes wake. A spectator vessel 

must not loiter within the navigable 

channel while within the regulated area. 

(4) Only participant vessels and 

official patrol vessels are allowed to 

enter the buffer area or race area. 

(5) A person or vessel that desires to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from the COTP Maryland-National 

Capital Region or Event PATCOM. A 

person or vessel seeking such 

permission can contact the COTP 

Maryland-National Capital Region at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) or the Event PATCOM 

on Marine Band Radio, VHF–FM 

channel 16 (156.8 MHz). 

(6) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event dates and times. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 9 a.m. to 6 p.m. 

on July 24, 2021 and from 9 a.m. to 6 

p.m. on July 25, 2021. 

Dated: July 12, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–15124 Filed 7–19–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0511] 

RIN 1625–AA00 

Safety Zone; Waterview Loft Fireworks, 

Detroit River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters near Waterview Lofts 

in the Detroit River. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards during a firewroks 

event. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) Detroit. 

DATES: This rule is effective from 9 p.m. 

through 10 p.m. on August 14, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0511 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 Sector Detroit; (313) 568–9564, 

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. The Coast Guard did 

not receive notice of the fireworks with 

sufficient time to provide notice and 

opportunity for public comment. We 

must establish this safety zone by 

August 14, 2021 in order to protect the 

public form the hazards associated with 

a fireworks event. 

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 protect from 

potential safety hazards associated with 

the fireworks display are effectively 

mitigated. 

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 fireworks starting 

August 14, 2021, will be a safety 

concern for anyone within a 150-yard 

radius of the fireworks location. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while fireworks show is being 

displayed. 

IV. Discussion of the Rule 

This rule establishes a safety zone that 

will be enforced from 9 p.m. through 10 

p.m. on August 14, 2021. The safety 

zone will cover all navigable waters 

within a 150 yards radius of location 

42°19.547′ N 083°02.42′ W (WGS 84) 

which the expected location of the 

fireworks barge in the vicinity of the 

Waterview Lofts in the Detroit River. 

The duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the fireworks show is 

being displayed. 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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations 38237 

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 will be able to safely 

transit around this safety zone which 

will impact a small designated area of 

the Detroit River for less than an hour 

during the night when vessel traffic is 

normally low. 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 lasting less then an hour that will 

prohibit entry within 150 yards radius 

of 42°19.547′ N 083°02.42′ W (WGS 84). 

It is categorically excluded from further 

review under paragraph L[60] 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 

■ 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.T09–0511 to read as 

follows: 

§ 165.T09–0511 Safety Zones; Waterview 

Loft Fireworks, Detroit River, Detroit, MI. 

(a) Location. This safety zone is 

established to encompass all U.S. 

navigable waters of the Detroit River 

within a 150-yard radius of 42°19.547′ 

N 083°02.42′ W (WGS 84). 

(b) Enforcement period. The safety 

zone described in paragraph (a) will be 

enforced from 9 p.m. through 10 p.m. on 

August 14, 2021. 

(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 COTP 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. 


khammond on DSKJM1Z7X2PROD with RULES
38238 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations 

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

the COTP Detroit is any Coast Guard 

commissioned, warrant or petty officer 

or a federal, state, or local law 

enforcement officer designated by the 

COTP Detroit to act on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zones must 

contact the COTP Detroit or an on-scene 

representative to obtain permission to 

do so. The COTP 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 COTP 

Detroit or an on-scene representative. 

Dated: July 12, 2021. 

Brad W. Kelly, 

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

Port Detroit. 

[FR Doc. 2021–15144 Filed 7–19–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0537] 

Safety Zone; Annual Events Requiring 

Safety Zones in the Captain of the Port 

Lake Michigan Zone—Events at 

Lakeshore State Park 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for a swim event taking 

place at Lakeshore State Park in 

Milwaukee, WI from August 5 through 

August 8, 2021, in order to provide for 

the safety of life on navigable waterways 

during this event. During the 

enforcement period, no vessel may 

enter, move within, or exit the safety 

zone without permission from the 

Captain of the Port Lake Michigan or a 

designated representative. 

DATES: The regulations in row (2) of 

Table 4 to 33 CFR 165.929 will be 

enforced from 10 a.m. on August 5, 

2021, through 5 p.m. on August 8, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Chief Petty Officer Jeromy 

Sherrill, Sector Lake Michigan 

Waterways Management Division, U.S. 

Coast Guard; telephone 414–747–7148, 

email Jeromy.N.Sherrill@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce to Safety Zones; 

Annual Events Requiring Safety Zones 

in the Captain of the Port Lake Michigan 

Zone listed in 33 CFR 165.929, Table 

4(2) for a swimming event taking place 

within the Lakeshore State Park Lagoon 

from 10 a.m. on August 5, 2021 through 

5 p.m. on August 8, 2021. This action 

is being taken to provide for the safety 

of life on navigable waterways during 

this 3-day swim event. The safety 

encompasses waters of the Lakeshore 

State Park Lagoon and the adjacent 

harbor. 

Pursuant to 33 CFR 165.23 and 

165.929, entry into, transiting, or 

anchoring within the safety zone during 

an enforcement period is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan or a designated 

representative. Those seeking 

permission to enter the safety zone may 

request permission from the Captain of 

Port Lake Michigan via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Lake Michigan or a designated 

representative. 

This notice of enforcement is issued 

under authority of 33 CFR 165.929 and 

5 U.S.C. 552(a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Lake Michigan determines 

that the safety zone need not be 

enforced for the full duration stated in 

this notice he may use a Broadcast 

Notice to Mariners to grant general 

permission to enter the safety zone. 

Dated: July 12, 2021. 

D.P. Montoro, 

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

Port Lake Michigan. 

[FR Doc. 2021–15133 Filed 7–19–21; 8:45 am] 

BILLING CODE 9110–04–P 


khammond on DSKJM1Z7X2PROD with RULES