45864 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 

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 13 hoursencompassing all 

navigable waters on Lake Michigan 

within a rectangle bounded by a line 

drawn near the northeast corner of Navy 

Pier in Chicago, Illinois. It is 

categorically excluded from further 

review under paragraph L60(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.T09–065 to read as 

follows: 

§ 165.T09–0652 Safety Zone; Lake 

Michigan, Chicago, IL. 

(a) Location. The following area is a 

safety zone: All navigable waters on 

Lake Michigan within a rectangle 

bounded by a line drawn betinning at 

the northeast corner of Navy Pier, then 

extending north 150 feet, then 700 feet 

west, then 150 feet south, then east back 

to the point of origin. 

(b) Enforcement period. The safety 

zone will be regulated as described in 

paragraph (a) is effective from 7 a.m. 

through 8 p.m. on August 17, 2021. 

(c) 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 (COTP) Lake Michigan in the 

enforcement of the safety zone. 

(d) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

COTP or a designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone at 414–747– 

7190 or a designated representative via 

VHF–FM radio on Channel 16, to 

request authorization. Those in the 

safety zone must comply with all lawful 

orders or directions given to them by the 

COTP or the COTP’s designated 

representative. 

Dated: August 11, 2021. 

Donald P. Montoro, 

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

Port, Lake Michigan. 

[FR Doc. 2021–17616 Filed 8–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

Docket Number USCG–2021–0610 

RIN 1625–AA00 

Safety Zone, Recurring Events in 

Captain of the Port Duluth—Bridgefest 

Regatta Fireworks 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Bridgefest Regatta 

Fireworks in Houghton, MI. This action 

is necessary to protect participants and 

spectators during the Bridgefest Regatta 

Fireworks. During the enforcement 

period, entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port Duluth or their 

designated on-scene representative. 

DATES: This rule is effective from 9:15 

p.m. through 9:45 p.m. on September 4, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0610 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 about this notice of 

enforcement, call or email LTJG Joseph 

R. McGinnis, telephone 218–725–3818, 

email DuluthWWM@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 


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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 45865 

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. The event already has 

established dates in 33 CFR 165.943 

Table 1, and typically takes place in 

mid-June. However, this year the event 

will take place in September. The 

impact of organizer budgeting 

constraints in June, 2021 prevented the 

event from occurring within the 

timeframe published in the Federal 

Register. Thus, the Safety Zone must be 

published as a Temporary Final Rule 

this year because a Notice of 

Enforcement cannot be used to enforce 

a rule this far outside of the dates 

approved in the Federal Registrar. We 

must establish this safety zone by 

September 4, 2021 in order to protect 

the public from 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 immediate action is needed to 

respond to the potential safety hazards 

associated with a triggering event from 

the Bridgefest Regatta Fireworks. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 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. 00170.1, 

Revision No. 01.2. The Captain of the 

Port Duluth (COTP) has determined that 

potential hazards associated with a 

firework triggering event on September 

4, 2021, will be a safety concern for 

anyone within a 1120 foot radius of the 

launch site. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

event occurs. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9:15 p.m. through 9:45 p.m. on 

September 4, 2021. All waters of the 

Keweenaw Waterway in Hancock, MI 

within the arc of a circle with a radius 

of no more than 1,120 feet from the 

launch site at position 47°07′22′′ N, 

088°35′28′′ W. 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 

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 fact that there is little 

commercial traffic on the Portage Canal 

and the size of the area being enforced 

is small enough to allow vessels to 

transit safely but must be aware of their 

surroundings. Coast Guard can be 

contacted VHF Channel 16 for any 

discrepencies or hazards found during 

the event. 

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 near 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. 

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. 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 all 

waters of the Keweenaw Waterway in 

Hancock, MI within the arc of a circle 

with a radius of no more than 1,120 feet 

from the launch site at position 

47°07′22′′ N, 088°35′28′′ W. There is no 

fauna, flora, or ecosystem of concern 

that is in the vicinity of the display that 

will be catastrophically effected during 

a 30 minute firework show. 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. 

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; 50 U.S.C. 191; 

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.T08–0610 to read as 

follows: 

§ 165.T08–610 Safety Zone, Recurring 

Events in Captain of the Port Duluth— 

Bridgefest Regatta Fireworks. 

(a) Location. The following area is a 

temporary safety zone: All waters of the 

Keweenaw Waterway in Hancock, MI 

within the arc of a circle with a radius 

of no more than 1,120 feet from the 

launch site at position 47°07′22′′ N, 

088°35′28′′ W. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 


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45866 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 

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 Duluth (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) is 

prohibited unless authorized by the 

Captain of the Port, Duluth 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, Duluth, or a 

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, Duluth 

or a designated representative. 

(d) Enforcement period. This section 

will be enforced from 9:15 p.m. through 

9:45 p.m. on September 4, 2021. 

Dated: August 6, 2021. 

F.M. Smith, 

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

Duluth. 

[FR Doc. 2021–17238 Filed 8–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0303] 

RIN 1625–AA00 

Safety Zone; Maumee River, Toledo, 

OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters directly surrounding 

the northern half of the I–75 Bridge over 

the Maumee River. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by demolition 

of the bridge. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Detroit. 

DATES: This rule is effective from 

August 23, 2021, through August 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– 

0303 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 MST2 Jacob Haan, Waterways 

Management, Marine Safety Unit 

Toledo, Coast Guard; telephone (419) 

418–6040. 

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 the 

party conducting the work notified the 

Coast Guard with insufficient time to 

accommodate the comment period. It is 

impracticable to publish an NPRM 

because we must establish this safety 

zone by August 23, 2021. 

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 replacing the power 

lines. 

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 bridge demolition 

starting August 23, 2021, will be a safety 

concern for anyone transiting under the 

bridge. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone while the bridge 

is being demolished. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

August 23, 2021 through August 27, 

2021. The safety zone will be enforced 

Monday through Friday from 7 a.m. 

until 5 p.m. The safety zone will cover 

all navigable waters from surface to 

bottom, below the old Michael V. 

DiSalle Memorial (I–75) Bridge located 

at 41°37′31.2′′ N 83°32′31.1′′ W. A 

marked 100 foot wide channel will be 

provided for vessels to pass through the 

demolition area. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while the bridge 

is being demolished. 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 

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 should not be influenced by the 

safety zone, and will be able to pass 

through the safety zone in a marked 

channel marked by double red lights. 

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 


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