[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Rules and Regulations]
[Pages 32219-32221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12729]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0419]
RIN 1625-AA00


Safety Zone; Charlevoix Venetian Festival Air Show, Lake 
Charlevoix, MI, Sector Sault Ste. Marie Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Sault Ste. Marie Captain of the Port zone. This safety zone is intended 
to restrict vessels from certain portions of Lake Charlevoix, MI during 
air show activities. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
the air show. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Sault Ste. 
Marie.

DATES: This rule is effective from 9:45 p.m. on July 23, 2021 through 
10 p.m. on July 23, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0419 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 Deaven Palenzuela, Sector Sault Ste. Marie Waterways 
Management Division, U.S. Coast Guard; telephone 906-635-3223, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  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 and 
contrary to the public interest. The Coast Guard received the safety 
zone request on June 7, 2021. The Coast Guard did not receive the final 
details of the requested safety zone with sufficient time for a comment 
period to run before the start of the air show. Delaying this rule to 
wait for a notice and comment period to run would be impracticable and 
contrary to the public interest because it would inhibit the Coast 
Guard's ability to protect the public from the potential hazards 
associated with the air show.
    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. For the same reasons as discussed 
in the preceding paragraph, a 30 day notice period would be 
impracticable and contrary to the public interest. It is impracticable 
to publish an NPRM because we must establish this safety zone by 9:45 
p.m. on July 23, 2021 to protect the public from the hazards associated 
with the air show.

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 Federal Aviation Administration 
regulates air shows. This action is only for the safety zone. The 
Captain of the Port Sault Ste. Marie (COTP) has determined that 
potential hazards associated with the air show (i.e. noise levels and 
possible crashing of the aircraft(s)) will be a safety concern for 
anyone within Lake Charlevoix waters encompassed by a line connecting 
the following points beginning at 45[deg]19'16'' N, 085[deg]14'22'' W; 
thence to 45[deg]19'11'' N, 085[deg]13'49'' W; thence to 45[deg]18'39'' 
N, 085[deg]13'59'' W; thence to 45[deg]18'45'' N, 085[deg]14'33'' W; 
and back to the beginning point. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone during the air show.

IV. Discussion of the Rule

    This rule is necessary to ensure the safety of vessels during the 
aforementioned air show. The temporary safety zone will encompass all 
U.S. navigable waters of Lake Charlevoix bounded by a line drawn from 
45[deg]19'16'' N, 085[deg]14'22'' W; thence to 45[deg]19'11'' N, 
085[deg]13'49'' W; thence to 45[deg]18'39'' N, 085[deg]13'59'' W; 
thence to 45[deg]18'45'' N, 085[deg]14'33'' W; and back to the 
beginning point of origin. The safety zone will be enforced from 9:45 
p.m. to 10 p.m. on July 23, 2021. Entry into, transiting, or anchoring 
within the safety zone is prohibited unless authorized by the Captain 
of the Port, Sault Sainte Marie, or a designated on-scene 
representative. The Captain of the Port or a designated on-scene 
representative may be contacted via VHF Channel 16 or telephone at 906-
635-3233.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses

[[Page 32220]]

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 conclusion 
that this rule is not a significant regulatory action because we 
anticipate that will have minimal impact on the economy, will not 
interfere with other agencies, will not adversely alter the budget of 
any grant or loan recipients, and will not raise any novel legal or 
policy issues. The safety zone created by this rule is confined to area 
encompassing air show area over water and will be enforced only for the 
duration of the air show. Under certain conditions, moreover, vessels 
may still transit through the safety zones when permitted by the 
Captain of the Port.

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.

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 
establishment of a safety zone lasting less than 15 minutes during the 
air show activities. 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 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 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.

0
2. Add Sec.  165.T09-0419 to read as follows:


Sec.  165.T09-0419   Safety Zone; Charlevoix Venetian Festival Air 
Show, Lake Charlevoix, Michigan.

    (a) Location. The following areas are temporary safety zones: All 
U.S. navigable waters of Lake Charlevoix bounded by a line drawn from 
45[deg]19'16'' N, 085[deg]14'22'' W; thence to 45[deg]19'11'' N, 
085[deg]13'49'' W; thence to 45[deg]18'39'' N,

[[Page 32221]]

085[deg]13'59'' W; thence to 45[deg]18'45'' N, 085[deg]14'33'' W; and 
back to the beginning point of origin.
    (b) Enforcement period. This section will be enforced from 9:45 
p.m. through 10 p.m. on July 23, 2021. The section will be enforced 
during additional times while in effect with actual notice as-needed to 
mitigate risks associated with the air show.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within these safety 
zones are prohibited unless authorized by the Captain of the Port, 
Sault Sainte. Marie or his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sault Sainte Marie or his on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty 
officer who has been designated by the Captain of the Port, Sault 
Sainte Marie to act on his or her behalf. The on-scene representative 
of the Captain of the Port, Sault Sainte Marie will be aboard a Coast 
Guard vessel.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port, Sault Sainte Marie, or his 
on-scene representative to obtain permission to do so. The Captain of 
the Port, Sault Sainte Marie or his on-scene representative may be 
contacted 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 directions given to them by the Captain of the Port, 
Sault Sainte Marie or his on-scene representative.

    Dated: June 11, 2021.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2021-12729 Filed 6-16-21; 8:45 am]
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