Rule2021-17238
Safety Zone, Recurring Events in Captain of the Port Duluth-Bridgefest Regatta Fireworks
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
August 17, 2021
Effective
September 4, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard will enforce a safety zone for the Bridgefest Regatta Fireworks in Houghton, MI. This action is necessary to protect participants and spectators during the Bridgefest Regatta Fireworks. During the enforcement period, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Duluth or their designated on-scene representative.
Full Text
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<title>Federal Register, Volume 86 Issue 156 (Tuesday, August 17, 2021)</title>
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[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Rules and Regulations]
[Pages 45864-45866]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17238]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
Docket Number USCG-2021-0610
RIN 1625-AA00
Safety Zone, Recurring Events in Captain of the Port Duluth--
Bridgefest Regatta Fireworks
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard will enforce a safety zone for the Bridgefest
Regatta Fireworks in Houghton, MI. This action is necessary to protect
participants and spectators during the Bridgefest Regatta Fireworks.
During the enforcement period, entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the Captain
of the Port Duluth or their designated on-scene representative.
DATES: This rule is effective from 9:15 p.m. through 9:45 p.m. on
September 4, 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-
2021-0610 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 about this
notice of enforcement, call or email LTJG Joseph R. McGinnis, telephone
218-725-3818, email <a href="/cdn-cgi/l/email-protection#eeaa9b829b9a86b9b9a3ae9b9d8d89c0838782"><span class="__cf_email__" data-cfemail="4501302930312d12120805303626226b282c29">[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
[[Page 45865]]
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 it is impracticable. The event
already has established dates in 33 CFR 165.943 Table 1, and typically
takes place in mid-June. However, this year the event will take place
in September. The impact of organizer budgeting constraints in June,
2021 prevented the event from occurring within the timeframe published
in the Federal Register. Thus, the Safety Zone must be published as a
Temporary Final Rule this year because a Notice of Enforcement cannot
be used to enforce a rule this far outside of the dates approved in the
Federal Registrar. We must establish this safety zone by September 4,
2021 in order to protect the public from the hazards associated with a
fireworks event.
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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with a triggering
event from the Bridgefest Regatta Fireworks.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of
Homeland Security Delegation No. 00170.1, Revision No. 01.2. The
Captain of the Port Duluth (COTP) has determined that potential hazards
associated with a firework triggering event on September 4, 2021, will
be a safety concern for anyone within a 1120 foot radius of the launch
site. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
event occurs.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:15 p.m. through 9:45
p.m. on September 4, 2021. All waters of the Keweenaw Waterway in
Hancock, MI within the arc of a circle with a radius of no more than
1,120 feet from the launch site at position 47[deg]07'22'' N,
088[deg]35'28'' W. 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 fact that
there is little commercial traffic on the Portage Canal and the size of
the area being enforced is small enough to allow vessels to transit
safely but must be aware of their surroundings. Coast Guard can be
contacted VHF Channel 16 for any discrepencies or hazards found during
the event.
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 near
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.
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. 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 all
waters of the Keweenaw Waterway in Hancock, MI within the arc of a
circle with a radius of no more than 1,120 feet from the launch site at
position 47[deg]07'22'' N, 088[deg]35'28'' W. There is no fauna, flora,
or ecosystem of concern that is in the vicinity of the display that
will be catastrophically effected during a 30 minute firework show. It
is categorically excluded from further review under paragraph L[60(a)]
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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: 46 U.S.C. 70034; 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.T08-0610 to read as follows:
Sec. 165.T08-610 Safety Zone, Recurring Events in Captain of the Port
Duluth--Bridgefest Regatta Fireworks.
(a) Location. The following area is a temporary safety zone: All
waters of the Keweenaw Waterway in Hancock, MI within the arc of a
circle with a radius of no more than 1,120 feet from the launch site at
position 47[deg]07'22'' N, 088[deg]35'28'' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol
[[Page 45866]]
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Duluth
(COTP) in the enforcement of the safety zone.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within the safety
zone described in paragraph (a) is prohibited unless authorized by the
Captain of the Port, Duluth or his designated representative.
(2) Before a vessel operator may enter or operate within the safety
zone, they must obtain permission from the Captain of the Port, Duluth,
or a designated representative 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 orders given to them by the Captain of
the Port, Duluth or a designated representative.
(d) Enforcement period. This section will be enforced from 9:15
p.m. through 9:45 p.m. on September 4, 2021.
Dated: August 6, 2021.
F.M. Smith,
CDR, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2021-17238 Filed 8-16-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 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.