Federal Register - June 17, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations 22 Lakeside July 4th Fireworks, Lakeside, OH. The safety zone listed in 165.941, Table 140, will be enforced from 9:15 p.m. until 10:15 p.m. on July 4, 2021. In case of inclement weather on July 4, 2021. This safety zone will be enforced on July 5, 2021.
Under the provisions of 33 CFR
165.23, entry into, transiting, or anchoring within these safety zones during the enforcement period is prohibited unless authorized by the Captain of the Port Detroit or his designated representative. Vessels that wish to transit through the safety zones may request permission from the Captain of the Port Detroit or his designated representative. Requests must be made in advance and approved by the Captain of Port Detroit before transits will be authorized. Approvals will be granted on a case by case basis.
The Captain of the Port Detroit may be contacted via U.S. Coast Guard Sector Detroit on channel 16, VHFFM or by calling 313 5689564. The Coast Guard will give notice to the public via Local Notice to Mariners and VHF radio broadcasts that the regulation is in effect.
This document is issued under authority of 33 CFR 165.941, Table 1, and 5 U.S.C. 552a. If the Captain of the Port Detroit determines that any of these safety zones need not be enforced for the full duration stated in this document, he may suspend such enforcement and notify the public of the suspension via a Broadcast Notice to Mariners.
Dated: June 14, 2021.
Brad W. Kelly, Commander, U.S. Coast Guard, Captain of the Port Detroit.
FR Doc. 202112839 Filed 61621; 8:45 am BILLING CODE 911004P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210419
lotter on DSK11XQN23PROD with RULES1
RIN 1625AA00
Safety Zone; Charlevoix Venetian Festival Air Show, Lake Charlevoix, MI, Sector Sault Ste. Marie Captain of the Port Zone Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is establishing a temporary safety zone in the Sault Ste. Marie Captain of the Port
SUMMARY:
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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 USCG2021
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 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
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 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 Guards ability
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to protect the public from the potential hazards associated with the air show.
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. 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 aircrafts will be a safety concern for anyone within Lake Charlevoix waters encompassed by a line connecting the following points beginning at 451916 N, 0851422 W;
thence to 451911 N, 0851349 W;
thence to 451839 N, 0851359 W;
thence to 451845 N, 0851433 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 451916 N, 0851422 W; thence to 451911 N, 0851349 W; thence to 451839 N, 0851359 W; thence to 451845 N, 0851433 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 onscene representative. The Captain of the Port or a designated on-scene representative may be contacted via VHF Channel 16 or telephone at 906
6353233.
V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking.
Below we summarize our analyses
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