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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Rules and Regulations
8 Mile marker 42 38 0855 N 92
5223.30 W.
b Period of enforcement. August 10, 2021 from 10 p.m. until 10:30 p.m.
c Regulations. 1 In accordance with the general regulations in 165.23 of this part, persons and vessels are prohibited from entering the safety zone unless authorized by the Captain of the Port Sector Upper Mississippi River COTP or a designated representative.
A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Upper Mississippi River.
2 Persons or vessels desiring to enter into or pass through the zone must request permission from the COTP or a designated representative. They may be contacted on VHF radio Channel 16 or by telephone at 3142692332.
3 If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative while navigating in the regulated area.
d Informational broadcasts. The COTP or a designated representative will inform the public of the enforcement date and times for this safety zone, as well as any emergent safety concerns that may delay the enforcement of the zone through either A Safety Marine Information Broadcast SMIB, Broadcast Notice to Mariners BNM and or Local Notices to Mariners LNMs.
R.M. Scott, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River.
FR Doc. 202116197 Filed 73021; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210584
RIN 1625AA00

Temporary Safety Zone; Loveless Wedding Fireworks, Omena, MI
Coast Guard, DHS.
Temporary final rule.

AGENCY:

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ACTION:

The Coast Guard is establishing a temporary safety zone for a fireworks display off the shore of the Omena Traverse Yacht Club in Omena, MI. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by fireworks display. Entry of
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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 21, 2021.
It will be enforced from 9 p.m. through 11 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
0584 in the SEARCH box and click SEARCH. Click on Open Docket Folder on the line associated with this rule.
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 9066353223, email ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:

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. The event sponsor did not submit notice to the Coast Guard with sufficient time to publish an NPRM and receive public comments prior to the event. Delaying the effective date of this rule to wait for a comment period to run would be contrary to the public interest and impractical by inhibiting the Coast Guards ability to protect the public from the dangers associated with a fireworks display with a potential blast zone and expected fall-out area occurring over the water.
Under 5 U.S.C. 553d3, the Coast Guard finds that good cause exists for
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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.
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 August 21, 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 9
p.m. through 11 p.m. on August 21, 2021. The safety zone will cover all navigable waters within 250 feet of a fireworks display off shore Omena Traverse Yacht Club in Omena, MI in position 4566.36 N 853448.22 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 of Omena Traverse Yacht Club.

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