[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Rules and Regulations]
[Pages 45864-45866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17238]


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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.

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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
Sec.  Section
U.S.C. United States Code

[[Page 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[deg]07'22'' N, 
088[deg]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[deg]07'22'' N, 088[deg]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

0
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.


0
2. Add Sec.  165.T08-0610 to read as follows:


Sec.  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[deg]07'22'' N, 088[deg]35'28'' W.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol

[[Page 45866]]

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 
Sec.  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


