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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
section unless authorized by the Captain of the Port Sector Ohio Valley or their designated representative.
2 To seek permission to enter, contact the COTP or the COTPs representative by phone at 1800253
7465. Those in the regulated area must comply with all lawful orders or directions given to them by the COTP or the COTPs designated representative.
3 The COTP will provide notice of the regulated area through advanced notice via broadcast notice to mariners.
d Enforcement period. This section will be enforced on August 29, 2021, from 6 a.m. to 10 a.m.

FOR FURTHER INFORMATION CONTACT:

Dated: August 5, 2021.
A.M. Beach, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.

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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking NPRM
with respect to this rule because the event sponsor notified the Coast Guard with insufficient time to accommodate the comment period. Delaying the effective date of this rule would be contrary to the public interest and the rules objectives of protecting safety of life on the navigable waters, including protection of persons and vessels in vicinity of the fireworks display. It is impracticable to publish an NPRM
because we must establish this safety zone by August 28, 2021. Delay of the effective date would inhibit the Coast Guards ability to protect spectators and vessels from the hazards associated with a fireworks display with an expected fall-out area over the water.
Under 5 U.S.C. 553d3, 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 establish a safety zone in order to protect the public from the hazards associated with the fireworks display.

FR Doc. 202117354 Filed 81221; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210608
RIN 1625AA00

Temporary Safety Zone; Ferdon Wedding Fireworks Display, Harbor Springs, MI; Sector Sault Sainte Marie Captain of the Port Zone Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable waters within a 250-foot radius of a fireworks display off shore near Little Harbor Club in Harbor Springs, MI. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by fireworks diplay.
Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sault Sainte Marie or a designated representative.

This rule is effective from 6 p.m.
through 11:59 p.m. on August 28, 2021.
It will be enforced from 8 p.m. through 10 p.m. on that day.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0608 in the search box and click Search. Next, in the Document Type column, select Supporting & Related Material.

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DATES:

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16:00 Aug 12, 2021

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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 9066353223, 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
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
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hazards associated with a fireworks display on August 28, 2021, will be a safety concern for anything within a 250-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 temporary safety zone that will be enforced from 8
p.m. through 10 p.m. on August 28, 2021. The safety zone will cover all navigable waters within 250-feet of a fireworks display off shore Little Harbor Club in Harbor Springs, MI in position 452534.00 N 845923.49 W. The duration of the zone is intended to protect personnel, vessels, and the marine environment in the safety zone proceeding, during and immediately after the fireworks display.
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 off shore Little Harbor Club. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHFFM marine channel 16 about the zone.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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
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