Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Rules and Regulations 48905 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email fedreg.legal@

nara.gov, or go to https://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

Issued on August 25, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–18753 Filed 8–31–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0235; Airspace 

Docket No. 21–AGL–18] 

RIN 2120–AA66 

Revocation of Class E Airspace; Port 

Huron, MI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revokes the Class 

E surface airspace at St. Clair County 

International Airport, Port Huron, MI. 

This action is the result of an airspace 

review caused by the decommissioning 

of the Remote Communications Outlet 

(RCO) frequency at St. Clair County 

International Airport. 

DATES: Effective 0901 UTC, October 7, 

2021. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.11 and publication of 

conforming amendments. 

ADDRESSES: FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at https://

www.faa.gov/air_traffic/publications/. 

For further information, you can contact 

the Airspace Policy Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

The Order is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of FAA 

Order 7400.11E at NARA, email 

fr.inspection@nara.gov or go to https:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Shelby, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5857. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it revokes the 

Class E surface airspace St. Clair County 

International Airport to support 

instrument flight rule operations at this 

airport. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (86 FR 24797; May 10, 2021) 

for Docket No. FAA–2021–0235 to 

revoke the Class E Surface Airspace at 

the St. Clair County International 

Airport, Port Huron, MI. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.11E, dated July 21, 2020, 

and effective September 15, 2020, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.11E, Airspace Designations and 

Reporting Points, dated July 21, 2020, 

and effective September 15, 2020. FAA 

Order 7400.11E is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11E lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to 14 CFR part 71 

revokes the Class E surface airspace at 

St. Clair County International Airport, 

Port Huron, MI, as it is no longer 

needed. 

This action is the result of an airspace 

review caused by the decommissioning 

of the RCO, which provides navigation 

information for the instrument 

procedures this airport. 

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. 

Lists 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. 


khammond on DSKJM1Z7X2PROD with RULES
48906 Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Rules and Regulations 

§ 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 6002 Class E Surface Airspace. 

* * * * * 

AGL MI E2 Port Huron, MI [Revoked] 

St. Clair County International Airport, MI 

(Lat. 42°54′40′′ N, long. 82°31′44′′ W) 

Issued in Fort Worth, Texas, on August 25, 

2021. 

Martin A. Skinner, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2021–18759 Filed 8–31–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0655] 

RIN 1625–AA00 

Safety Zone; Camden Labor Day 

Fireworks, Camden Harbor; Camden, 

ME 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of Camden 

Harbor in Camden, Maine. The 

temporary safety zone is necessary to 

protect spectators and vessels from 

hazards associated with a fireworks 

display. When enforced, this rule will 

prohibit persons and vessels from 

entering into the safety zone unless 

authorized by the Captain of the Port 

(COTP) Northern New England or a 

Designated Representative. 

DATES: This rule is effective from 8 p.m. 

through 10 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– 

0655 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 LT Shaun Doyle, Sector Northern 

New England Waterways Management 

Division, U.S. Coast Guard; telephone 

207–347–5015, email Shaun.T.Doyle@

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 

COTP Captain of the Port Northern New 

England 

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 and contrary to the public 

interest. The event sponsor was late in 

submitting the marine event 

application. This late submission did 

not give the Coast Guard enough time to 

publish an NPRM, take public 

comments, consider those comments, 

and issue a final rule by September 4, 

2021. Further, the expeditious 

implementation of this rule is in the 

public interest because it will help 

ensure the safety of those involved in 

displaying the fireworks, the spectators, 

and users of the waterway during the 

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 and 

contrary to the public interest because 

the temporary safety zone regulation 

must be established on September 4, 

2021 to ensure the safety of spectators 

and vessels during the event. 

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 Northern New 

England (COTP) has determined that 

potential hazards associated with the 

fireworks display occurring in Camden 

Harbor on September 4, 2021, will be a 

safety concern for anyone within a 200- 

yard radius of 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 safety zone 

from 8 p.m. through 10 p.m. on 

September 4, 2021. The safety zone will 

cover all navigable waters of Camden 

Harbor within a 200-yard radius of the 

fireworks launch site. The duration of 

the zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

during the fireworks display. 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 size, location, and 

duration of the safety zone. Vessel 

traffic will be able to safely transit 

around the safety zone which would 

impact a small designated area of 

Camden Harbor. Further, the Coast 

Guard would issue a Broadcast Notice to 

Mariners via VHF–FM Marine Channel 

16 about the zone and persons or vessels 

desiring to enter the safety zone may do 

so with permission from the COTP or a 

Designated Representative. 

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 


khammond on DSKJM1Z7X2PROD with RULES