41404 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Rules and Regulations 

(8) Mile marker 42 (38 08′55′′ N 92 

52′23.30′′ W). 

(b) Period of enforcement. August 10, 

2021 from 10 p.m. until 10:30 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, persons and vessels are 

prohibited from entering the safety zone 

unless authorized by the Captain of the 

Port Sector Upper Mississippi River 

(COTP) or a designated representative. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector Upper Mississippi River. 

(2) Persons or vessels desiring to enter 

into or pass through the zone must 

request permission from the COTP or a 

designated representative. They may be 

contacted on VHF radio Channel 16 or 

by telephone at 314–269–2332. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative while 

navigating in the regulated area. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement date and times for this 

safety zone, as well as any emergent 

safety concerns that may delay the 

enforcement of the zone through either 

A Safety Marine Information Broadcast 

(SMIB), Broadcast Notice to Mariners 

(BNM) and or Local Notices to Mariners 

(LNMs). 

R.M. Scott, 

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

Port Sector Upper Mississippi River. 

[FR Doc. 2021–16197 Filed 7–30–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0584] 

RIN 1625–AA00 

Temporary Safety Zone; Loveless 

Wedding Fireworks, Omena, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

a fireworks display off the shore of the 

Omena Traverse Yacht Club in Omena, 

MI. The safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by fireworks display. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sault Sainte Marie or a designated 

representative. 

DATES: This rule is effective from 6 p.m. 

through 11:59 p.m. on August 21, 2021. 

It will be enforced from 9 p.m. through 

11 p.m. on that day. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0584 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Deaven Palenzuela, U.S. Coast 

Guard Sector Sault Sainte Marie 

Waterways Management, U.S. Coast 

Guard; telephone 906–635–3223, email 

ssmprevention@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 would be impracticable. The event 

sponsor did not submit notice to the 

Coast Guard with sufficient time to 

publish an NPRM and receive public 

comments prior to the event. Delaying 

the effective date of this rule to wait for 

a comment period to run would be 

contrary to the public interest and 

impractical by inhibiting the Coast 

Guard’s ability to protect the public 

from the dangers associated with a 

fireworks display with a potential blast 

zone and expected fall-out area 

occurring over the water. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because action is needed to establish a 

safety zone in order to protect the public 

from the hazards associated with the 

fireworks display. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Sault Sainte Marie 

(COTP) has determined that potential 

hazards associated with a fireworks 

display on August 21, 2021, will be a 

safety concern for anything within a 

250-foot radius of the navigable waters 

surrounding the fireworks launch site. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone during the fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone that will be enforced from 9 

p.m. through 11 p.m. on August 21, 

2021. The safety zone will cover all 

navigable waters within 250 feet of a 

fireworks display off shore Omena 

Traverse Yacht Club in Omena, MI in 

position 45°6′6.36′′ N 85°34′48.22′′ W. 

The duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in the safety zone 

proceeding, during and immediately 

after the fireworks display. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on size, location, duration, and 

time-of-day of the safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone which would 

impact a small designated area off shore 

of Omena Traverse Yacht Club. 


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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Rules and Regulations 41405 

Moreover, the Coast Guard would issue 

a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969(42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

temporary safety zone lasting only 2 

hours that will prohibit entry within a 

250-foot radius of a fireworks display off 

shore Omena Traverse Yacht Club in 

Omena, MI. It is categorically excluded 

from further review under paragraph 

L[60(a)] of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T09–0584 to read as 

follows: 

§ 165.T09–0584 Loveless Wedding 

Fireworks, Off Shore Omena Traverse Yacht 

Club, Omena, MI. 

(a) Location. The following area is a 

temporary safety zone: All navigable 

water within 250 feet of the fireworks 

launching location in position 

45°3′6.36′′ N 85°34′48.22′′ W (NAD 83) 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sault Sainte Marie (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within the 

safety zone described in paragraph (a) of 

this section is prohibited unless 

authorized by the Captain of the Port, 

Sault Sainte Marie or his designated 

representative. 

(2) Before a vessel operator may enter 

or operate within the safety zone, they 

must obtain permission from the 

Captain of the Port, Sault Sainte Marie, 

or his designated representative via VHF 

Channel 16 or telephone at (906) 635– 

3233. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all orders given to 

them by the Captain of the Port, Sault 


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41406 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Rules and Regulations 

1 62 FR 27968, May 22, 1997. 

Sainte Marie or his designated 

representative. 

(d) Enforcement period. This section 

will be enforced from 9 p.m. through 11 

p.m. on August 21, 2021. 

Dated: July 26, 2021. 

A.R. Jones, 

Captain of the Port Sault Sainte Marie. 

[FR Doc. 2021–16214 Filed 7–30–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0334; FRL–8706–02– 

R7] 

Air Plan Approval; Missouri; 

Restriction of Emissions From 

Lithographic and Letterpress Printing 

Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a State Implementation Plan 

(SIP) revision submitted by the State of 

Missouri on November 10, 2020. This 

final action will amend the SIP to revise 

a Missouri regulation which restricts 

volatile organic compound emissions 

from lithographic and letterpress 

printing operations in the St. Louis 

Metropolitan Area. Specifically, the 

State has revised this rule in order to 

clarify rule applicability, update 

incorporation by reference information, 

update test method references, clarify 

definitions, and remove unnecessary 

words to improve clarity. Approval of 

these revisions will ensure consistency 

between State and federally-approved 

rules. 

DATES: This final rule is effective on 

September 1, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2021–0334. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

Larry Gonzalez, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7041; 

email address: gonzalez.larry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is the EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

The EPA is approving revisions to the 

Missouri SIP received on November 10, 

2020. The revisions are to Title 10, 

Division 10 of the Code of State 

Regulations, 10 CSR 10–5.442 ‘‘Control 

of Emissions From Lithographic and 

Letterpress Printing Operations’’, which 

establishes emission limits for volatile 

organic compounds (VOCs) from 

lithographic and letterpress printing 

operations in St. Louis City and 

Jefferson, Franklin St. Louis, and St. 

Charles Counties (hereinafter referred to 

in this document as the ‘‘St. Louis 

Area’’). The provision at 10 CSR 10– 

5.442 is SIP approved in the Code of 

Federal Regulations at 40 CFR 

52.1320(c). 

These revisions, as discussed in 

section IV of the EPA’s proposed rule, 

and the technical support document 

(TSD) in the docket for the proposed 

rule, are largely administrative in nature 

and do not have a negative impact on 

air quality (86 FR 27543, May 21, 2021). 

The public comment period on the 

EPA’s proposed rule opened May 21, 

2021, the date of its publication in the 

Federal Register and closed on June 21, 

2021. During this period, the EPA 

received no comments. The EPA is 

finalizing approval the revisions to this 

rule because it meets the requirements 

of the Clean Air Act and will not have 

a negative impact on air quality. 

II. Have the requirements for approval 

of a SIP revision been met? 

The State’s submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. The State provided 

public notice of the revisions from May 

1, 2019, to August 1, 2019, and held a 

public hearing on July 25, 2019. The 

State received and addressed five 

comments (four being from the EPA). As 

explained in more detail in the TSD 

which is part of this docket, the SIP 

revision submission meets the 

substantive requirements of the Clean 

Air Act (CAA), including section 110 

and implementing regulations. 

III. What action is the EPA taking? 

The EPA is taking final action to 

amend the Missouri SIP by approving 

the State’s request to revise 10 CSR 10– 

5.442, ‘‘Control of Emissions From 

Lithographic and Letterpress Printing 

Operations.’’ Approval of these 

revisions will ensure consistency 

between State and federally-approved 

rules. The EPA has determined that 

these changes meet the requirements of 

the Clean Air Act and will not have a 

negative impact to air quality. 

IV. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, the EPA is finalizing the 

incorporation by reference of the 

Missouri Regulations described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 7 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the State Implementation Plan, have 

been incorporated by reference by EPA 

into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference in 

the next update to the SIP compilation.1

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (CAA), the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 


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