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Federal Register/Vol. 86, No. 89/Tuesday, May 11, 2021

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Federal Register/Vol. 86, No. 89/Tuesday, May 11, 2021 25830 Federal Register / Vol. 86, No. 89 / Tuesday, May 11, 2021 / Proposed Rules 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, VerDate Sep<11>2014 16:39 May 10, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\11MYP1.SGM 11MYP1 Federal Register / Vol. 86, No. 89 / Tuesday, May 11, 2021 / Proposed Rules 25831 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.
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