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instructions provided above. All DHS Department of Homeland Security entry into, transiting through, or comments and other submissions must FR Federal Register anchoring within the safety zone is be received by July 12, 2021. NPRM Notice of proposed rulemaking prohibited unless authorized by the § Section Captain of the Port Sault Sainte Marie, U.S.C. United States Code Alberta A. Mills, or his or her designated representative. Secretary, U.S. Consumer Product Safety II. Background, Purpose, and Legal The Captain of the Port Sault Sainte Commission. Basis Marie or his or her designated [FR Doc. 2021–09881 Filed 5–10–21; 8:45 am] On March 21, 2018 the Coast Guard representative may be contacted via BILLING CODE 6355–01–P published an NPRM in the Federal VHF Channel 16 or telephone at 906– Register (83 FR 12307) entitled ‘‘Safety 635–3319. No vessel or person will be Zones; Recurring Safety Zones in permitted to enter the safety zone DEPARTMENT OF HOMELAND Captain of the Port Sault Sainte Marie without obtaining permission from the SECURITY Zone.’’ The NPRM proposed to amend COTP or a designated representative. Coast Guard 21 permanent safety zones for annually IV. Regulatory Analyses recurring events in the Captain of the We developed this proposed rule after 33 CFR Part 165 Port Sault Sainte Marie Zone under § 165.918. The NPRM was open for considering numerous statutes and [Docket Number USCG–2021–0272] comment for 30 days. Executive orders related to rulemaking. Below we summarize our analyses RIN 1625–AA00 On April 20, 2018 the Coast Guard published the Final Rule in the Federal based on a number of these statutes and Executive orders, and we discuss First Safety Zone; Recurring Safety Zone in Register (83 FR 12307), after receiving Amendment rights of protestors. Captain of the Port Sault Sainte Marie no comments on the NPRM. Since that Zone time there have been changes to the A. Regulatory Planning and Review events that were listed in the Final Rule. AGENCY: Coast Guard, DHS. Through this proposed rule the Coast Executive Orders 12866 and 13563 ACTION: Notice of proposed rulemaking. Guard seeks to update § 165.918 to direct agencies to assess the costs and reflect the current status of a recurring benefits of available regulatory SUMMARY: The Coast Guard is proposing marine event in the Captain of the Port alternatives and, if regulation is to amend its recurring safety zone Sault Sainte Marie Zone. necessary, to select regulatory regulations in the Captain of the Port The purpose of this rulemaking is to approaches that maximize net benefits. Sault Sainte Marie Zone. This proposed ensure the safety of vessels and the This NPRM has not been designated a rule would update one safety zone navigable waters within a 1000-yard ‘‘significant regulatory action,’’ under location and dates. This proposed radius of the fireworks barge before, Executive Order 12866. Accordingly, amendment action is necessary to during, and after the scheduled event. the NPRM has not been reviewed by the provide for the safety of life associated The Coast Guard is proposing this Office of Management and Budget with annual marine events and firework rulemaking under authority in 46 U.S.C. (OMB). displays on these navigable waters near 70034 (previously 33 U.S.C. 1231). This regulatory action determination Mackinaw City, MI. This proposed is based on the size, location, duration, rulemaking would prohibit persons and III. Discussion of Proposed Rule and time-of-day for each safety zone. vessels from being in the safety zone The COTP determines that an Vessel traffic will be able to safely unless authorized by the Captain of the amendment to the recurring safety zones transit around all safety zones which Port Sault Sainte Marie or a designated list as published in 33 CFR 165.918 is will impact small designated areas representative. We invite your necessary to: Update the location and within the COTP zone for short comments on this proposed rulemaking. date of three existing safety zones: durations of time. Moreover, the Coast DATES: Comments and related material Mackinaw Area Visitors Bureau Friday Guard will issue Broadcast Notice to must be received by the Coast Guard on Night Fireworks, Festivals of Fireworks Mariners via VHF channel 16 about the or before August 9, 2021. Celebration Fireworks, and Mackinac zone and the rule allows vessels to seek ADDRESSES: You may submit comments Island Fourth of July Celebration permission to enter the zone. Fireworks. The purpose of this rule is to identified by docket number USCG– B. Impact on Small Entities 2021–0272 using the Federal ensure safety of vessels and the navigable waters in the safety zone The Regulatory Flexibility Act of eRulemaking Portal at https:// 1980, 5 U.S.C. 601–612, as amended, www.regulations.gov. See the ‘‘Public before, during, and after the scheduled event and to improve the overall clarity requires Federal agencies to consider Participation and Request for the potential impact of regulations on Comments’’ portion of the and readability of the rule. The regulatory text we are proposing appears small entities during rulemaking. The SUPPLEMENTARY INFORMATION section for term ‘‘small entities’’ comprises small further instructions on submitting at the end of this document. The amendment to this proposed rule businesses, not-for-profit organizations comments. is necessary to ensure the safety of that are independently owned and FOR FURTHER INFORMATION CONTACT: If vessels and people during annual events operated and are not dominant in their you have questions about this proposed taking place on or near federally fields, and governmental jurisdictions rulemaking, call or email LT Deaven maintained waterways in the Captain of with populations of less than 50,000. Palenzuela, Chief of Waterways the Port Sault Sainte Marie Zone. The Coast Guard certifies under 5 U.S.C. Management, U.S. Coast Guard; Although this proposed rule will be in 605(b) that this proposed rule would not telephone 906–635–3223, email effect year-round, the specific safety have a significant economic impact on [email protected]. zones listed in Table 165.918 will only a substantial number of small entities. SUPPLEMENTARY INFORMATION: be enforced during a specified period of While some owners or operators of time. vessels intending to transit the safety I. Table of Abbreviations When a Notice of Enforcement for a zone may be small entities, for the CFR Code of Federal Regulations particular safety zone is published, reasons stated in section IV.A above,

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this proposed rule would not have a E. Unfunded Mandates Reform Act docket number for this rulemaking, significant economic impact on any The Unfunded Mandates Reform Act indicate the specific section of this vessel owner or operator. of 1995 (2 U.S.C. 1531–1538) requires document to which each comment If you think that your business, Federal agencies to assess the effects of applies, and provide a reason for each organization, or governmental their discretionary regulatory actions. In suggestion or recommendation. jurisdiction qualifies as a small entity particular, the Act addresses actions We encourage you to submit and that this rule would have a that may result in the expenditure by a comments through the Federal significant economic impact on it, State, local, or tribal government, in the eRulemaking Portal at https:// please submit a comment (see aggregate, or by the private sector of www.regulations.gov. If your material ADDRESSES) explaining why you think it $100,000,000 (adjusted for inflation) or cannot be submitted using https:// qualifies and how and to what degree more in any one year. Though this www.regulations.gov, call or email the this rule would economically affect it. proposed rule would not result in such person in the FOR FURTHER INFORMATION an expenditure, we do discuss the CONTACT section of this document for Under section 213(a) of the Small alternate instructions. Business Regulatory Enforcement effects of this rule elsewhere in this preamble. We accept anonymous comments. Fairness Act of 1996 (Pub. L. 104–121), Comments we post to https:// we want to assist small entities in F. Environment www.regulations.gov will include any understanding this proposed rule. If the We have analyzed this proposed rule personal information you have rule would affect your small business, under Department of Homeland provided. For more about privacy and organization, or governmental Security Directive 023–01, Rev. 1, submissions in response to this jurisdiction and you have questions associated implementing instructions, document, see DHS’s eRulemaking concerning its provisions or options for and Environmental Planning System of Records notice (85 FR 14226, compliance, please call or email the COMDTINST 5090.1 (series), which March 11, 2020). person listed in the FOR FURTHER guide the Coast Guard in complying Documents mentioned in this NPRM INFORMATION CONTACT section. The Coast with the National Environmental Policy as being available in the docket, and Guard will not retaliate against small Act of 1969 (42 U.S.C. 4321–4370f), and public comments, will be in our online entities that question or complain about have made a preliminary determination docket at https://www.regulations.gov this proposed rule or any policy or that this action is one of a category of and can be viewed by following that action of the Coast Guard. actions that do not individually or website’s instructions. We review all C. Collection of Information cumulatively have a significant effect on comments received, but we will only the human environment. This proposed post comments that address the topic of This proposed rule would not call for rule involves a safety zone lasting 1.5 the proposed rule. We may choose not a new collection of information under hours that would prohibit entry within to post off-topic, inappropriate, or the Paperwork Reduction Act of 1995 1000 yards of a fireworks barge. duplicate comments that we receive. If (44 U.S.C. 3501–3520). Normally such actions are categorically you go to the online docket and sign up D. Federalism and Indian Tribal excluded from further review under for email alerts, you will be notified Governments paragraph L60(a) of Appendix A, Table when comments are posted or a final 1 of DHS Instruction Manual 023–01– rule is published. 001–01, Rev. 1. A preliminary Record of A rule has implications for federalism List of Subjects in 33 CFR Part 165 under Executive Order 13132 Environmental Consideration (Federalism), if it has a substantial supporting this determination is Harbors, Marine safety, Navigation direct effect on the States, on the available in the docket. For instructions (water), Reporting and record keeping relationship between the National on locating the docket, see the requirements, Security measures, Government and the States, or on the ADDRESSES section of this preamble. We Waterways. distribution of power and seek any comments or information that For the reasons discussed in the responsibilities among the various may lead to the discovery of a preamble, the Coast Guard proposes to levels of government. We have analyzed significant environmental impact from amend 33 CFR part 165 as follows: this proposed rule under that Order and this proposed rule. PART 165—REGULATED NAVIGATION have determined that it is consistent G. Protest Activities with the fundamental federalism AREAS AND LIMITED ACCESS AREAS The Coast Guard respects the First principles and preemption requirements ■ 1. The authority citation for part 165 described in Executive Order 13132. Amendment rights of protesters. Protesters are asked to call or email the continues to read as follows: Also, this proposed rule does not have person listed in the FOR FURTHER Authority: 46 U.S.C. 70034, 70051; 33 CFR tribal implications under Executive INFORMATION CONTACT section to 1.05–1, 6.04–1, 6.04–6, and 160.5; Order 13175 (Consultation and coordinate protest activities so that your Department of Homeland Security Delegation Coordination with Indian Tribal message can be received without No. 0170.1. Governments) because it would not jeopardizing the safety or security of ■ 2. Revise § 165.918 to read as follows: have a substantial direct effect on one or people, places, or vessels. more Indian tribes, on the relationship § 165.918 Safety Zones; Recurring Safety between the Federal Government and V. Public Participation and Request for Zones in Captain of the Port Sault Sainte Indian tribes, or on the distribution of Comments Marie. power and responsibilities between the We view public participation as (a) Regulations. The following Federal Government and Indian tribes. essential to effective rulemaking, and regulations apply to the safety zones If you believe this proposed rule has will consider all comments and material listed in Table 165.918 of this section: implications for federalism or Indian received during the comment period. (1) In accordance with the general tribes, please call or email the person Your comment can help shape the regulations in § 165.23, entry into, listed in the FOR FURTHER INFORMATION outcome of this rulemaking. If you transiting, or anchoring within any of CONTACT section. submit a comment, please include the the safety zones listed in this section is

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prohibited unless authorized by the within a safety zone, all vessels shall unnecessary or impractical for the Captain of the Port Sault Sainte Marie, operate at the minimum speed purposes of safety or environmental or a designated representative. necessary to maintain a safe course. safety. (2) All persons and vessels must (b) Suspension of enforcement. If the (e) Contacting the Captain of the Port. comply with the instructions of the event concludes earlier than scheduled, While a safety zone listed in this section Coast Guard Captain of the Port Sault the Captain of the Port Sault Sainte is enforced, the Captain of the Port Sault Sainte Marie or a designated Marie or a designated representative Sainte Marie or a designated representative. Upon being hailed by the will issue a Broadcast Notice to representative may be contacted via Mariners notifying the public that U.S. Coast Guard by siren, radio, VHF Channel 16 or telephone at (906) enforcement of the respective safety flashing light or other means, the 635–3319. Vessel operators given zone is suspended. permission to enter or operate in a operator of a vessel shall proceed as (c) Exemption. Public vessels, defined directed. as any vessel owned or operated by the safety zone must comply with all (3) When a safety zone established by United States or by State or local directions given to them by the Captain this section is being enforced, all vessels governments, operating in an official of the Port Sault Sainte Marie, or a must obtain permission from the capacity are exempted from the designated representative. Captain of the Port Sault Sainte Marie requirements of this section. (f) Notice of enforcement. The Coast or a designated representative to enter, (d) Waiver. For any vessel, the Guard will provide advance notice of move within, or exit that safety zone. Captain of the Port Sault Sainte Marie the enforcement including specific date, Vessels and persons granted permission or a designated representative may, at time, and size of the safety zone being to enter the safety zone shall obey all his or her discretion, waive any of the enforced in Table 165.918 of this lawful orders or directions of the requirements of this section, upon section, by issuing a Notice of Captain of the Port Sault Sainte Marie finding that circumstances are such that Enforcement, as well as, a Broadcast or a designated representative. While application of this section is Notice to Mariners.

TABLE 165.918 [Datum NAD 1983]

Event Location Event date

(1) Mackinaw Area Visitors Bureau All U.S. navigable waters of the within an approx- On or around July 4 and Friday Friday Night Fireworks; Macki- imate 1,000-foot radius from the fireworks launch site located in nights between late May and naw City, MI. position 45°46′28″ N, 084°43′12″ W. late October. (2) Jordan Valley Freedom Festival All U.S. navigable waters of Lake Charlevoix, near the City of East This event historically occurs in Fireworks; East Jordan, MI. Jordan, within the arc of a circle with an approximate 1,200-foot ra- mid to late June. dius from the fireworks launch site in position 45°09′18″ N, 085°07′48″ W. (3) Grand Marais Splash In; Grand All U.S. navigable waters within the southern portion of West Bay This event historically occurs mid Marais, MI. bound within the following coordinates: 46°40′22.08″ N to late June. 085°59′0.12″ W, 46°40′22.08″ N, 85°58′22.08″ W, and 46°40′14.64″ N, 85°58′19.56″ W, with the West Bay shoreline forming the South and West boundaries of the zone. (4) Festivals of Fireworks Celebra- All U.S. navigable waters of East Moran Bay within an approximate On or around July 4th and Satur- tion Fireworks; St. Ignace, MI. 1,000-foot radius from the fireworks launch site at the end of the day nights beginning late June Starline Mill Slip, centered in position: 45°52′24.62″ N, to mid October. 084°43′18.13″ W. (5) National Cherry Festival Air- All U.S. navigable waters of the West Arm of Grand This event historically occurs late show Safety Zone; Traverse City, within a box bounded by the following coordinates: 44°46′51.6″ N June or early July. MI. 085°38′15.6″ W, 44°46′23.4″ N 085°38′22.8″ W, 44°46′30.00″ N 085°35′42.00″ W, and 44°46′2.34″ N 085°35′50.4″ W. (6) National Cherry Festival Finale All U.S. navigable waters of the West Arm of This event historically occurs late Fireworks; Traverse City, MI. within the arc of a circle with an approximate 1200-foot radius from June or early July. the fireworks launch site located on a barge in position 44°46′12″ N, 085°37′06″ W. (7) Canada Day Celebration Fire- All U.S. navigable waters of the St. Marys River within an approxi- On or around July 1. works; Sault Sainte Marie, MI. mate 1,400-foot radius from the fireworks launch site, centered ap- proximately 160 yards north of the U.S. Army Corp of Engineers Soo Locks North East Pier, at position 46°30′20.40″ N, 084°20′17.64″ W. (8) Marquette Fourth of July Cele- All U.S. navigable waters of Marquette Harbor within an approximate On or around July 4th. bration Fireworks; Marquette, MI. 1200-foot radius of the fireworks launch site, centered in position 46°32′23.0″ N, 087°23′13.1″ W. (9) Munising Fourth of July Cele- All U.S. navigable waters of South Bay within an approximate 800- On or around July 4th. bration Fireworks; Munising, MI. foot radius from the fireworks launch site at the end of the Munising City Dock, centered in position: 46°24′50.08″ N, 086°39′08.52″ W. (10) Sault Sainte Marie Fourth of All U.S. navigable waters of the St. Marys River within an approxi- On or around July 4th. July Celebration Fireworks; Sault mate 1000-foot radius around the eastern portion of the U.S. Army Sainte Marie, MI. Corp of Engineers Soo Locks North East Pier, centered in position: 46°30′19.66″ N, 084°20′31.61″ W.

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TABLE 165.918—Continued [Datum NAD 1983]

Event Location Event date

(11) Mackinac Island Fourth of July All U.S. navigable waters of within an approximate 750- On or around July 4th. Celebration Fireworks; Mackinac foot radius of the fireworks launch site, centered approximately Island, MI. 1,000 yards west of Round Island Passage Light, at position 45°50′30″ N, 084°36′30″ W. (12) Harbor Springs Fourth of July All U.S. navigable waters of Lake and Harbor Springs Har- On or around July 4th. Celebration Fireworks; Harbor bor within the arc of a circle with an approximate 1,200-foot radius Springs, MI. from the fireworks launch site located on a barge in position 45°25′30″ N, 084°59′06″ W. (13) Bay Harbor Yacht Club Fourth All U.S. navigable waters of and Bay Harbor Lake On or around July 4th. of July Celebration Fireworks; within the arc of a circle with an approximate 750-foot radius from Petoskey, MI. the fireworks launch site located on a barge in position 45°21′50″ N, 085°01′37″ W. (14) Petoskey Fourth of July Cele- All U.S. navigable waters of Lake Michigan and Petoskey Harbor, in On or around July 4th. bration Fireworks; Petoskey, MI. the vicinity of Bay Front Park, within the arc of a circle with an ap- proximate 1,200-foot radius from the fireworks launch site located in position 45°22′40″ N, 084°57′30″ W. (15) Boyne City Fourth of July All U.S. navigable waters of Lake Charlevoix, in the vicinity of Vet- On or around July 4th. Celebration Fireworks; Boyne erans Park, within the arc of a circle with an approximate 1,400- City, MI. foot radius from the fireworks launch site located in position 45°13′30″ N, 085°01′40″ W. (16) Alpena Fourth of July Celebra- All U.S. navigable waters of Lake Huron within an approximate On or around July 4th. tion Fireworks; Alpena, MI. 1,000-foot radius of the fireworks launch site located near the end of Mason Street, South of State Avenue, at position 45°02′42″ N, 083°26′48″ W. (17) Traverse City Fourth of July All U.S. navigable waters of the West Arm of Grand Traverse Bay On or around July 4th. Celebration Fireworks; Traverse within the arc of a circle with an approximate 1,200-foot radius City, MI. from the fireworks launch site located on a barge in position 44°46′12″ N, 085°37′06″ W. (18) Charlevoix Venetian Festival All U.S. navigable waters of Lake Charlevoix, in the vicinity of Depot This event historically occurs in Friday Night Fireworks; Beach, within the arc of a circle with an approximate 1,200-foot ra- late July. Charlevoix, MI. dius from the fireworks launch site located on a barge in position 45°19′08″ N, 085°14′18″ W. (19) Charlevoix Venetian Saturday All U.S. navigable waters of Round Lake within the arc of a circle This event historically occurs in Night Fireworks; Charlevoix, MI. with an approximate 500-foot radius from the fireworks launch site late July. located on a barge in position 45°19′03″ N, 085°15′18″ W. (20) Elk Rapids Harbor Days Fire- All U.S. navigable waters within the arc of a circle with an approxi- This event historically occurs in works; Elk Rapids, MI. mate 750-foot radius from the fireworks launch site located on a early August. barge in position 44°54′6.95″ N, 085°25′3.11″ W. (21) Nautical City Fireworks; Rog- All U.S. navigable waters within the arc of a circle with an approxi- Early August. ers City. mate 750-foot radius from the fireworks launch site located near Harbor View Road in position 45°25′04.72″ N, 083°47′51.21″ W.

Dated: April 30, 2021. SUMMARY: We, the U.S. Fish and status reviews, we will issue 12-month A.R. Jones, Wildlife Service (Service), announce 90- petition findings, which will address Captain, U.S. Coast Guard, Captain of the day findings on three petitions to add whether or not the petitioned actions Port Sault Sainte Marie. species to the Lists of Endangered and are warranted, in accordance with the [FR Doc. 2021–09731 Filed 5–10–21; 8:45 am] Threatened Wildlife and Plants under Act. the Endangered Species Act of 1973, as BILLING CODE 9110–04–P DATES: These findings were made on amended (Act). Based on our review, we May 11, 2021. As we commence our find that the petitions present status reviews, we seek any new substantial scientific or commercial DEPARTMENT OF THE INTERIOR information concerning the status of, or information indicating that the threats to, the species or their habitats. petitioned actions may be warranted. Fish and Wildlife Service Any information we receive during the Therefore, with the publication of this course of our status reviews will be document, we announce that we plan to 50 CFR Part 17 considered. initiate status reviews of the Aztec gilia [FF09E21000 FXES11110900000212] (Aliciella formosa), Clover’s cactus ADDRESSES: (Sclerocactus cloverae), and Suckley’s Supporting documents: Summaries of Endangered and Threatened Wildlife cuckoo bumble bee (Bombus suckleyi) to the basis for the petition findings and Plants; 90-Day Findings for Three determine whether the petitioned contained in this document are Species actions are warranted. To ensure that available on http://www.regulations.gov AGENCY: Fish and Wildlife Service, the status reviews are comprehensive, under the appropriate docket number Interior. we are requesting scientific and (see table under SUPPLEMENTARY commercial data and other information INFORMATION). In addition, this ACTION: Notice of petition findings and regarding the species and factors that supporting information is available by initiation of status reviews. may affect their status. Based on the contacting the appropriate person, as

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