Rule2021-12729
Safety Zone; Charlevoix Venetian Festival Air Show, Lake Charlevoix, MI, Sector Sault Ste. Marie Captain of the Port Zone
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 17, 2021
Effective
July 23, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone in the Sault Ste. Marie Captain of the Port 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.
Full Text
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<title>Federal Register, Volume 86 Issue 115 (Thursday, June 17, 2021)</title>
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[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Rules and Regulations]
[Pages 32219-32221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12729]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0419]
RIN 1625-AA00
Safety Zone; Charlevoix Venetian Festival Air Show, Lake
Charlevoix, MI, Sector Sault Ste. Marie Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Sault Ste. Marie Captain of the Port 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0419 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 906-635-3223, email
<a href="/cdn-cgi/l/email-protection#1764647a676572617279637e78795762647470397a7e7b"><span class="__cf_email__" data-cfemail="0a7979677a786f7c6f647e6365644a7f79696d24676366">[email protected]</span></a>.
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
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 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
Guard's ability to protect the public from the potential hazards
associated with the air show.
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. 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 aircraft(s)) will be a safety concern for
anyone within Lake Charlevoix waters encompassed by a line connecting
the following points beginning at 45[deg]19'16'' N, 085[deg]14'22'' W;
thence to 45[deg]19'11'' N, 085[deg]13'49'' W; thence to 45[deg]18'39''
N, 085[deg]13'59'' W; thence to 45[deg]18'45'' N, 085[deg]14'33'' 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
45[deg]19'16'' N, 085[deg]14'22'' W; thence to 45[deg]19'11'' N,
085[deg]13'49'' W; thence to 45[deg]18'39'' N, 085[deg]13'59'' W;
thence to 45[deg]18'45'' N, 085[deg]14'33'' 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 on-scene
representative. The Captain of the Port or a designated on-scene
representative may be contacted via VHF Channel 16 or telephone at 906-
635-3233.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
[[Page 32220]]
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 conclusion
that this rule is not a significant regulatory action because we
anticipate that will have minimal impact on the economy, will not
interfere with other agencies, will not adversely alter the budget of
any grant or loan recipients, and will not raise any novel legal or
policy issues. The safety zone created by this rule is confined to area
encompassing air show area over water and will be enforced only for the
duration of the air show. Under certain conditions, moreover, vessels
may still transit through the safety zones when permitted by the
Captain of the Port.
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 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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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
establishment of a safety zone lasting less than 15 minutes during the
air show activities. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
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: 33 U.S.C. 1231; 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.T09-0419 to read as follows:
Sec. 165.T09-0419 Safety Zone; Charlevoix Venetian Festival Air
Show, Lake Charlevoix, Michigan.
(a) Location. The following areas are temporary safety zones: All
U.S. navigable waters of Lake Charlevoix bounded by a line drawn from
45[deg]19'16'' N, 085[deg]14'22'' W; thence to 45[deg]19'11'' N,
085[deg]13'49'' W; thence to 45[deg]18'39'' N,
[[Page 32221]]
085[deg]13'59'' W; thence to 45[deg]18'45'' N, 085[deg]14'33'' W; and
back to the beginning point of origin.
(b) Enforcement period. This section will be enforced from 9:45
p.m. through 10 p.m. on July 23, 2021. The section will be enforced
during additional times while in effect with actual notice as-needed to
mitigate risks associated with the air show.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within these safety
zones are prohibited unless authorized by the Captain of the Port,
Sault Sainte. Marie or his on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sault Sainte Marie or his on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sault
Sainte Marie to act on his or her behalf. The on-scene representative
of the Captain of the Port, Sault Sainte Marie will be aboard a Coast
Guard vessel.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sault Sainte Marie, or his
on-scene representative to obtain permission to do so. The Captain of
the Port, Sault Sainte Marie or his on-scene representative may be
contacted 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 directions given to them by the Captain of the Port,
Sault Sainte Marie or his on-scene representative.
Dated: June 11, 2021.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2021-12729 Filed 6-16-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 17, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.