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48906
71.1

Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Rules and Regulations
Amended
2073475015, email Shaun.T.Doyle@
uscg.mil.

2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E, Airspace Designations and Reporting Points, dated July 21, 2020, and effective September 15, 2020, is amended as follows:

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 COTP Captain of the Port Northern New England
Paragraph 6002 Class E Surface Airspace.

AGL MI E2 Port Huron, MI Revoked St. Clair County International Airport, MI
Lat. 425440 N, long. 823144 W
Issued in Fort Worth, Texas, on August 25, 2021.
Martin A. Skinner, Manager, Operations Support Group, ATO
Central Service Center.
FR Doc. 202118759 Filed 83121; 8:45 am BILLING CODE 491013P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210655
RIN 1625AA00

Safety Zone; Camden Labor Day Fireworks, Camden Harbor; Camden, ME
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone for certain navigable waters of Camden Harbor in Camden, Maine. The temporary safety zone is necessary to protect spectators and vessels from hazards associated with a fireworks display. When enforced, this rule will prohibit persons and vessels from entering into the safety zone unless authorized by the Captain of the Port COTP Northern New England or a Designated Representative.
DATES: This rule is effective from 8 p.m.
through 10 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 USCG2021
0655 in the search box and click Search. Next, in the Document Type column, select Supporting & Related Material.

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SUMMARY:

If you have questions on this rule, call or email LT Shaun Doyle, Sector Northern New England Waterways Management Division, U.S. Coast Guard; telephone
FOR FURTHER INFORMATION CONTACT:

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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 it is impracticable and contrary to the public interest. The event sponsor was late in submitting the marine event application. This late submission did not give the Coast Guard enough time to publish an NPRM, take public comments, consider those comments, and issue a final rule by September 4, 2021. Further, the expeditious implementation of this rule is in the public interest because it will help ensure the safety of those involved in displaying the fireworks, the spectators, and users of the waterway during the fireworks event.
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 and contrary to the public interest because the temporary safety zone regulation must be established on September 4, 2021 to ensure the safety of spectators and vessels during the event.
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 Northern New England COTP has determined that potential hazards associated with the fireworks display occurring in Camden Harbor on September 4, 2021, will be a safety concern for anyone within a 200-

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yard radius of 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 safety zone from 8 p.m. through 10 p.m. on September 4, 2021. The safety zone will cover all navigable waters of Camden Harbor within a 200-yard radius of the fireworks launch site. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the fireworks display. 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 size, location, and duration of the safety zone. Vessel traffic will be able to safely transit around the safety zone which would impact a small designated area of Camden Harbor. Further, the Coast Guard would issue a Broadcast Notice to Mariners via VHFFM Marine Channel 16 about the zone and persons or vessels desiring to enter the safety zone may do so with permission from the COTP or a Designated Representative.
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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