30180 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region. 

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 MarylandNational Capital Region (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone at 410–576– 

2693 or on Marine Band Radio VHF–FM 

channel 16 (156.8 MHz). 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. 

(d) Enforcement officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement periods. (1) Paragraph 

(a)(1) of this section will be enforced 

from 8:30 p.m. to 10:30 p.m. on July 3, 

2021. If necessary due to inclement 

weather on July 3, 2021, it will be 

enforced from 8:30 p.m. to 10:30 p.m. 

on July 5, 2021. 

(2) Paragraph (a)(2) of this section will 

be enforced from 9 p.m. to 11 p.m. on 

July 4, 2021. If necessary due to 

inclement weather on July 4, 2021, it 

will be enforced from 9 p.m. to 11 p.m. 

on July 5, 2021. 

(3) Paragraph (a)(3) of this section will 

be enforced from 8:30 p.m. to 10:30 p.m. 

on July 4, 2021. If necessary due to 

inclement weather on July 4, 2021, it 

will be enforced from 8:30 p.m. to 10:30 

p.m. on July 5, 2021. 

Dated: June 1, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–11825 Filed 6–4–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0388] 

Safety Zone; Commencement Bay, 

Tacoma, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The notice of enforcement of 

regulation published May 5, 2021 in the 

Federal Register, is rescinded and 

replaced by this notice of enforcement 

of regulation. The Coast Guard will 

enforce safety zone regulations for the 

Tacoma Freedom Fair Air Show on 

Commencement Bay from 2 p.m. on July 

2 through 12:30 a.m. on July 4, 2021. 

This action is necessary to ensure the 

safety of the public from inherent 

dangers associated with the annual 

aerial displays. During the enforcement 

periods, no person or vessel may enter 

or transit this safety zone unless 

authorized by the Captain of the Port 

Sector Puget Sound or her designated 

representative. 

DATES: The regulations in 33 CFR 

165.1305 will be enforced from 2 p.m. 

on July 2 through 12:30 a.m. on July 4, 

2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Lieutenant 

Peter J. McAndrew, Sector Puget Sound 

Waterways Management Division, U.S. 

Coast Guard; telephone 206–217–6045, 

email SectorPugetSoundWWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The notice 

of enforcement of regulation in docket 

number USCG–2021–0304 is rescinded 

and replaced by this notice of 

enforcement of regulation. The Coast 

Guard is amending the enforcement 

period and will now enforce the safety 

zone in 33 CFR 165.1305 from 2 p.m. on 

July 2 through 12:30 a.m. on July 4, 

2021 unless the COTP of Puget Sector 

Sound grants general permission to 

enter the regulated area during these 

stated enforcement periods. This action 

is being taken to provide for the safety 

of life on navigable waterways during 

the aerial demonstrations above the 

waterway. 

The safety zone resembles a rectangle 

protruding from the shoreline along 

Ruston Way and will be marked by the 

event sponsor. The specific coordinates 

of the safety zone location are listed in 

33 CFR 165.1305. 

As specified in § 165.1305(c), during 

the enforcement periods, no vessel may 

transit the regulated area without 

approval from the COTP or a COTP 

designated representative. The COTP 

may be assisted by other federal, state, 

and local law enforcement agencies in 

enforcing this regulation. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners, marine 

information broadcasts during the day 

of the event. If the COTP determines 

that the safety zone need not be 

enforced for the full duration stated in 

the notice of enforcement, he may use 

a Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. 

Dated: May 27, 2021. 

P.M. Hilbert, 

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

Port Sector Puget Sound. 

[FR Doc. 2021–11882 Filed 6–4–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0350] 

RIN 1625–AA00 

Safety Zone; Charlevoix Graduation 

Fireworks, Lake Charlevoix, East 

Jordan, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 500-foot 

radius of a fireworks display. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by repair 

work on the bridge. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sault Sainte Marie. 

DATES: This rule is effective from 10 

p.m. on June 12, 2021, through 11 p.m. 

on June 12, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0350 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 


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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 30181 

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 Coast 

Guard did not receive sufficient notice 

of this event to undergo notice and 

comment and this safety zone must be 

established by June 12, 2021 in order to 

protect the public from the dangers 

associated with a fireworks display. 

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 ensure that 

the potential safety hazards associated 

with the fireworks display are 

effectively mitigated. 

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 June 12, 2021 will be a safety 

concern for anyone within a 500-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 safety zone 

from 10 p.m. until 11 p.m. on June 12, 

2021. The safety zone will cover all 

navigable waters within 500 feet of a 

fireworks display in Lake Charlevoix 

near East Jordan, MI. The duration of 

the zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

while the bridge is being repaired. 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 will be able to safely transit 

around this safety zone which would 

impact a small designated area of Lake 

Charlevoix. 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 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. 


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30182 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations 

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 only 1 hour that will 

prohibit entry within a 500-foot radius 

of a fireworks display in Lake 

Charlevoix. 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.T09–0350 to read as 

follows: 

§ 165.T09–0350 Charlevoix Graduation 

Fireworks Lake Charlevoix, East Jordan, MI. 

(a) Location. The following area is a 

safety zone: All navigable water within 

500 feet of the fireworks launching 

location in position 45°09′14.82′′ N 

85°07′59.39′′ 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) 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 

Sainte Marie or his designated 

representative. 

(d) Enforcement period. This section 

will be enforced from 10 p.m. through 

11 p.m. on June 12, 2021. 

Dated: June 1, 2021 

A.R. Jones, 

Captain of the Port Sault Sainte Marie. 

[FR Doc. 2021–11832 Filed 6–4–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 5 

RIN 2900–AR21 

Changes to Administrative Procedures 

Governing Guidance Documents 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its regulations 

that govern the processes and 

procedures for issuing and managing 

guidance documents. These changes are 

necessary because an Executive order 

(E.O.) entitled ‘‘Promoting the Rule of 

Law Through Improved Agency 

Guidance Documents,’’ under which the 

regulations were originally issued, has 

been rescinded by an E.O. entitled 

‘‘Revocation of Certain Executive Orders 

Concerning Federal Regulation.’’ This 

final rulemaking will implement 

changes to ensure that the processes and 

procedures comply with the mandates 

of the E.Os. entitled ‘‘Revocation of 

Certain Executive Orders Concerning 

Federal Regulation’’ and ‘‘Regulatory 

Planning and Review,’’ while also 

maintaining certain beneficial practices. 

DATES: This rule is effective July 7, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Martin, Office of Regulation 

Policy and Management (00REG), 810 

Vermont Avenue NW, Washington, DC 

20420, (202) 230–6402. (This is not a 

toll-free telephone number). 

SUPPLEMENTARY INFORMATION: On 

November 13, 2020 (85 FR 72569), VA 

promulgated regulations in 38 CFR part 

5 that established processes and 

procedures for issuing and managing 

guidance documents in accordance with 

E.O. 13891, Promoting the Rule of Law 

Through Improved Agency Guidance 

Documents. However, E.O. 13891 was 

rescinded by E.O. 13992, Revocation of 

Certain Executive Orders Concerning 

Federal Regulation, which directed 

agencies to ‘‘promptly take steps to 

rescind any orders, rules, regulations, 

guidelines, or policies, or portions 

thereof, implementing or enforcing’’ the 

rescinded E.O. With E.O. 13891 

rescinded, there is no requirement that 

VA have regulations that govern 

guidance documents. However, some of 

the requirements and processes 

contained in the regulations serve useful 

functions and are worth maintaining. 

Additionally, VA’s practices for 

guidance documents are still expected 

to comply with E.O. 12866, Regulatory 

Planning and Review. Therefore, to 

ensure VA’s practices regarding 

guidance documents comply with both 

E.O. 12866 and E.O. 13992, and 

continue certain beneficial practices, we 

make the following changes to the 

regulations in part 5. 

Authority 

We are removing the citation to E.O. 

13891 in the authority for part 5 and 

replacing it with a citation to E.O. 

12866. 

Section 5.0 Purpose. 


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