Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Rules and Regulations 41713 

FAA’s aeronautical database; and 

removes the current airspace boundary 

to be replaced by the radius from the 

airport. 

This action is necessary due to 

airspace reviews caused by the 

decommissioning of the Marion VOR, 

which provided navigation information 

for the instrument procedures at this 

airport, as part of the VOR MON 

Program. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AGL IL D Carbondale/Murphysboro, IL 

[Amended] 

Southern Illinois Airport, IL 

(Lat. 37°46′41′′ N, long. 89°15′07′′ W) 

That airspace extending upward from the 

surface to and including 2,900 feet MSL 

within a 4.2-mile radius of the Southern 

Illinois Airport. This Class D airspace area is 

effective during specific dates and times 

established in advance by a Notice to 

Airmen. The effective dates and times will 

thereafter be continuously published in the 

Chart Supplement. 

* * * * * 

AGL IL D Marion, IL [Amended] 

Veterans Airport of Southern Illinois, IL 

(Lat. 37°45′18′′ N, long. 89°00′40′′ W) 

That airspace extending upward from the 

surface to and including 3,000 feet MSL 

within a 4.4-mile radius of the Veterans 

Airport of Southern Illinois. This Class D 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective date and time 

will thereafter be continuously published in 

the Chart Supplement. 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

AGL IL E4 Marion, IL [Removed] 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AGL IL E5 Carbondale/Murphysboro, IL 

[Established] 

Southern Illinois Airport, IL 

(Lat. 37°46′41′′ N, long. 89°15′07′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of the airport, and within 4 miles each 

side of the 181° bearing from the airport 

extending from the 6.7-mile radius to 11.8 

miles south of the airport. 

* * * * * 

AGL IL E5 Marion, IL [Amended] 

Veterans Airport of Southern Illinois, IL 

(Lat. 37°45′18′′ N, long. 89°00′40′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.9-mile 

radius of the airport. 

Issued in Fort Worth, Texas, on July 28, 

2021. 

Martin A. Skinner, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2021–16391 Filed 8–2–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0607] 

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 August 3, 2021 

through December 31, 2021. For the 

purposes of enforcement, actual notice 

will be used from August 2, 2021 until 

August 3, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0607 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: 


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41714 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Rules and Regulations 

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. 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 August 2, 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 contrary to the public 

interest because immediate action is 

needed to ensure the safety of vessels 

transiting the area and support 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 December 31, 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 August 2, 2021 through 

December 31, 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, 

in South Timbalier Block 22 of the Gulf 

of Mexico, near Port Fouchon, LA. The 

duration of the zone is intended to 

protect life and property on these 

navigable waters for the duration of 

emergency recovery salvage operations 

related to the capsized vessel. No vessel 

or person will be permitted to enter and 

move within the safety zone without 

obtaining permission from the 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 Marine Safety Unit Houma. 

Vessels requiring entry into this safety 

zone must request permission from the 

COTP or a designated representative. 

They may be contacted on VHF–FM 

Channel 16 or 67. Persons and vessels 

permitted to enter or to move within 

this safety zone must transit at their 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

the designated representative. The 

COTP or a designated representative 

will inform the public of the 

enforcement periods and changes 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

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 limited scale of the 

safety zone and the ease of vessel traffic 

navigating around said 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 (Public Law 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 


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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Rules and Regulations 41715 

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 that will prohibit entry within a 

one nautical mile radius of vessels and 

machinery being used by personnel 

response operations to a capsized 

vessel. It is categorically excluded from 

further review under paragraph L60(d) 

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.T08–0607 to read as 

follows: 

§ 165.T08–0607 Safety Zone; South 

Timbalier Block 22, Gulf of Mexico, Port 

Fourchon, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

a one nautical mile radius of the 

capsized vessel and emergency response 

operations taking place at 

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

(b) Effective period. This section is 

effective from August 2, 2021 through 

December 31, 2021. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into or remaining within 

this zone is prohibited unless 

authorized by the Captain of the Port 

Marine Safety Unit (COTP) or 

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 Marine 

Safety Unit Houma. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. They may be contacted 

on VHF–FM Channel 16 or 67 or by 

telephone at (985) 665–2437. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by 

COTP or the designated representative. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

J.W. Russell, 

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

Port, Marine Safety Unit Houma. 

[FR Doc. 2021–16505 Filed 8–2–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0500] 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel; 

Chicago River Between the Michigan 

Avenue Bridge and Columbus Drive 

Bridge, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone, on the main branch of the 

Chicago River between the Michigan 

Avenue Bridge and the Columbus Drive 

Bridge for the Chicago Ducky Derby 

Marine Event. During the enforcement 

period, entry into, transiting, mooring, 

laying-up, or anchoring within the 

established safety zone is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan or an on-scene 

designated representative. 

DATES: A segment of the regulation in 33 

CFR 165.930 will be enforced on August 

5, 2021, from 11 a.m. through 2 p.m. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Petty Officer 

Eric Krukar, Marine Safety Unit 

Chicago, U.S. Coast Guard; telephone: 

630–986–2155, email: Eric.R.Krukar@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

safety zone listed safety zone in 33 CFR 

165.930. The segment of the safety zone 

to be enforced is between the Michigan 

Avenue Bridge and the Columbus Drive 

Bridge on the main branch of the 

Chicago River. This action is being 

taken to provide for the safety of life on 

navigable waterways during the Chicago 

Ducky Derby Marine Event. Our 

regulation for marine events within the 

Ninth Coast Guard District, § 165.930, 

specifies the Captain of the Port Lake 

Michigan, may enforce this safety zone 

in whole, in segments, or by any 


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