50994 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

Executive Order 12988 

The Department has reviewed this 

rulemaking in light of sections 3(a) and 

3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burdens. 

Executive Orders 12372 and 13132— 

Federalism 

The Department finds that this 

regulation does not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. 

Paperwork Reduction Act 

This rulemaking does not create or 

affect any information collection that is 

subject to 44 U.S.C. chapter 35. 

List of Subjects in 22 CFR Part 62 

Cultural exchange programs, 

Reporting and recordkeeping 

requirements. 

For reasons stated in the preamble, 

the State Department amends 22 CFR 

part 62 as follows: 

PART 62—EXCHANGE VISITOR 

PROGRAM 

■ 1. The Authority citation for part 62 

continues to read as follows: 

Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 

1184, 1258; 22 U.S.C. 1431 et seq.; 22 U.S.C. 

2451 et seq.; 22 U.S.C. 2651a; 22 U.S.C. 

6531–6553; Reorganization Plan No. 2 of 

1977, 42 FR 62461, 3 CFR, 1977 Comp. p. 

200; E.O. 12048, 43 FR 13361, 3 CFR, 1978 

Comp., p. 168; 8 U.S.C. 1372; section 416 of 

Pub. L. 107–56, 115 Stat. 354 (8 U.S.C. 1372 

note); and 8 U.S.C. 1761–1762. 

■ 2. Revise § 62.50(j)(2) to read as 

follows: 

§ 62.50 Sanctions. 

* * * * * 

(j) * * * 

(2) Service of notice to sponsor. 

Service of notice to a sponsor pursuant 

to this section may be accomplished 

through written notice by mail, delivery, 

electronic mail, or facsimile, upon the 

president, chief executive officer, 

managing director, General Counsel, 

Responsible Officer, or Alternate 

Responsible Officer of the sponsor. 

Zachary A. Parker, 

Director, Office of Directives Management, 

Department of State. 

[FR Doc. 2021–19746 Filed 9–13–21; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2021–0622] 

RIN 1625–AA08 

Special Local Regulations; Roar on the 

River, Detroit River, Wyandotte, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for certain waters of the Detroit River, 

Wyandotte, MI. This action is necessary 

to protect safety of life on navigable 

waters immediately prior to, during, and 

after the Roar on the River power boat 

race. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Detroit or a designated 

representative. 

DATES: This regulation is effective from 

11 a.m. through 1 p.m. on September 25, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0622 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 Ms. Tracy Girard, Waterways 

Management Division, Sector Detroit, 

U.S. Coast Guard; telephone (313) 568– 

9564, email 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 we 

must establish this special local 

regulation by September 25, 2021. 

Delaying the effective date of this 

regulation for a comment period to run 

would be contrary to the public interest 

and impractical because it would inhibit 

the Coast Guard’s ability to protect 

spectators and vessels from the potential 

safety hazards associated with a power 

boat race. 

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 Roar on the River 

Powerboat Race on September 25, 2021, 

will be a safety concern for anyone 

navigating within the Trenton Channel 

in the Detroit River. 

IV. Discussion of the Rule 

This rule establishes a temporary 

special local regulation from 11 a.m. 

through 1 p.m. on September 25, 2021. 

In light of the aforementioned hazards, 

the COTP has determined that a special 

local regulation is necessary to protect 

spectators, vessels, and participants. 

The special local regulation will 

encompass the following waterway: All 

waters of the Detroit River encompassed 

within the following four points: From 

point 42°14.160′ N, 083°08.580′ W (NAD 

83); a line drawn south to point 

42°14.140′ N, 083°08.400′ W (NAD 83); 

a line drawn east to position 

′42°14.1407′ N, 083°08.280′ W (NAD 

83); a line drawn north to position 

′42°14.0407′ N, 083°08.460′ W (NAD 

83); a line drawn west to point 

42°14.160′ N, 083°08.580′ W (NAD 83). 

The COTP or a designated on-scene 

representative will notify the public of 

the enforcement of this rule by all 

appropriate means, including a 

Broadcast Notice to Mariners. 

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 


tkelley on DSK125TN23PROD with RULES1
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 50995 

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 special local 

regulation. Vessel traffic will be able to 

safely transit around this regulated area 

which would impact a small designated 

area of the Detroit River for two hours 

in an area where vessel traffic is 

normally low. Moreover, the Coast 

Guard would 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 area 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 special local 

regulation lasts two hours and will 

prohibit entry within the navigable 

waters of the Detroit River, It is 

categorically excluded from further 

review under paragraph L[61] 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

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 § 100.T05–0622 to read as 

follows: 

§ 100.T05–0622 Special Local Regulations; 

Roar on the River, Detroit River, Wyandotte, 

MI. 

(a) Location. A regulated area is 

established to encompass the following 

waterway: All waters of the Detroit 

River encompassed within the following 

four points: from point 42°14.160′ N, 

083°08.580′ W, a line drawn south to 

point 42°14.140′ N, 083°08.400′ W a line 

drawn east to position ′42°14.1407′ N, 

083°08.280′ W; a line drawn north to 

position ′42°14.0407′ N, 083°08.460′ W; 

a line drawn west to point 42°14.160′ N, 

083°08.580′ W (NAD 83). 

(b) Enforcement period. The 

regulation will be enforced from 11 a.m. 

through 1 p.m. on September 25, 2021. 

The Captain of the Port Detroit will 

announce specific enforcement periods 

by Broadcast Notice to Mariners (BNM). 

(c) Regulations. (1) In accordance with 

the general regulations in § 100.911(b), 

no vessel may enter, transit through, or 


tkelley on DSK125TN23PROD with RULES1
50996 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

anchor within the regulated area 

without the permission of the Coast 

Guard Patrol Commander. 

(2) Vessel operators desiring to enter 

or operate within the regulated area 

shall contact the Coast Guard Patrol 

Commander to obtain permission to do 

so. Vessel operators given permission to 

enter or operate within the regulated 

area must comply with all directions 

given to them by the Coast Guard Patrol 

Commander. 

Dated: September 8, 2021. 

Brad W. Kelly, 

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

Port Detroit. 

[FR Doc. 2021–19757 Filed 9–13–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0497] 

RIN 1625–AA00 

Safety Zone; Potomac River, Prince 

William County, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Potomac River. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment on these navigable waters 

near Cherry Hill, in Prince William 

County, VA, on September 18, 2021, 

(with alternate date of September 19, 

2021) from potential hazards during a 

fireworks display to commemorate the 

the permanent closing of the Tim’s 

Rivershore Restaurant and Crabhouse of 

Dumfries, VA, after operating for many 

years. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Maryland-National Capital 

Region or a designated representative. 

DATES: This rule is effective from 8:30 

p.m. on September 18, 2021, through 11 

p.m. on September 19, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0497 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 Mr. Ron Houck, Sector MarylandNational Capital Region Waterways 

Management Division, U.S. Coast 

Guard; telephone 410–576–2674, email 

Ronald.L.Houck@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

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 

On June 16, 2021, Tim’s Rivershore 

Restaurant and Crabhouse notified the 

Coast Guard that from 9:30 p.m. to 10 

p.m. on September 18, 2021, it will be 

conducting a fireworks display 

launched from a barge in the Potomac 

River near Cherry Hill, in Prince 

William County, VA. In the event of 

inclement weather, the fireworks 

display will be scheduled for September 

19, 2021. In response, on August 16, 

2021, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

titled ‘‘Safety Zone; Potomac River, 

Prince William County, VA’’ (86 FR 

45699). There we stated why we issued 

the NPRM, and invited comments on 

our proposed regulatory action related 

to this fireworks display. During the 

comment period that ended August 31, 

2021, we received no comments. 

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 

immediate action is needed to respond 

to the potential safety hazards 

associated with the fireworks display. 

Potential safety hazards include the 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. 

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, Maryland-National 

Capital Region (COTP) has determined 

that potential hazards associated with 

the fireworks to be used in this 

September 18, 2021, display will be a 

safety concern for anyone near the 

fireworks barge. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone before, 

during, and after the scheduled event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 8:30 p.m. on 

September 18, 2021, to 11 p.m. on 

September 19, 2021. The safety zone 

will be enforced from 8:30 p.m. to 11 

p.m. on September 18, 2021, or, if 

necessary due to inclement weather on 

September 18, 2021, from 8:30 p.m. to 

11 p.m. on September 19, 2021. The 

safety zone covers all navigable waters 

of the Potomac River within 500 feet of 

the fireworks barge in approximate 

position latitude 38°34′07.97′′ N, 

longitude 077°15′37.39′′ W, located near 

Cherry Hill, in Prince William County, 

VA. The size of the zone and duration 

of the regulation are intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

before, during, and after the scheduled 

9:30 to 10 p.m. 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, duration, and timeof-day of the safety zone, which will 

impact small designated areas of the 

Potomac River for 2.5 hours during the 

evening 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. 

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 


tkelley on DSK125TN23PROD with RULES1