Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Proposed Rules 8879 

to the Requirements for Exploratory 

Drilling on the Arctic Outer Continental 

Shelf, which was published in the 

Federal Register on December 9, 2020. 

DATES: BSEE and BOEM are reopening 

the comment period for the proposed 

rule published December 9, 2020 at 85 

FR 79266 until April 9, 2021. You may 

also submit comments to the Office of 

Management and Budget (OMB) on the 

information collection burden in this 

proposed rule by April 9, 2021. The 

deadline for comments on the 

information collection burden does not 

affect the deadline for the public to 

comment to BSEE and BOEM on the 

proposed regulations. 

ADDRESSES: You may submit comments 

on BSEE’s or BOEM’s sections of the 

rulemaking by any of the following 

methods. For comments on this 

proposed rule and associated 

documents, please use the Regulation 

Identifier Number (RIN) 1082–AA01 as 

an identifier in your message. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the entry 

entitled, ‘‘Enter Keyword or ID,’’ enter 

BSEE–2019–0008, then click search. 

Follow the instructions to submit public 

comments and view supporting and 

related materials available for this 

rulemaking. BSEE and BOEM may post 

all submitted comments. 

• Mail or hand-carry comments to the 

DOI, BSEE and BOEM: Attention: 

Regulations and Standards Branch, 

45600 Woodland Road, VAE–ORP, 

Sterling, VA 20166. Please reference 

RIN 1082–AA01, ‘‘Oil and Gas and 

Sulfur Operations on the Outer 

Continental Shelf—Revisions to the 

Requirements for Exploratory Drilling 

on the Arctic Outer Continental Shelf,’’ 

in your comments, and include your 

name and return address. 

• Send comments on the information 

collection in this rule to: Interior Desk 

Officer 1082–AA01, Office of 

Management and Budget; 202–395–5806 

(fax); or via the online portal at 

RegInfo.gov. Please also send a copy to 

BSEE and BOEM by one of the means 

previously described. 

• Public Availability of Comments: 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

For BSEE and BOEM to withhold from 

disclosure your personal identifying 

information, you must identify any 

information contained in your comment 

submittal that, if released, would 

constitute a clearly unwarranted 

invasion of your personal privacy. You 

must also briefly describe any possible 

harmful consequence(s) of the 

disclosure of this information, such as 

embarrassment, injury, or other harm. 

While you may request in your 

comment that we withhold your 

personal identifying information from 

public access, we cannot guarantee that 

we will be able to do so. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions related to regulatory 

changes BSEE is proposing in Part 250, 

contact Mark E. Fesmire, BSEE, Alaska 

Regional Office, mark.fesmire@bsee.gov, 

(907) 334–5300. For technical questions 

related to regulatory changes BOEM is 

proposing in Part 550, contact Joel 

Immaraj, BOEM, Alaska Regional Office, 

joel.immaraj@boem.gov, (907) 334– 

5238. For procedural questions contact 

Bryce Barlan, BSEE, Regulations and 

Standards Branch, regs@bsee.gov, (703) 

787–1126. 

SUPPLEMENTARY INFORMATION: On 

December 9, 2020, the Department 

published the Proposed Rule: Oil and 

Gas and Sulfur Operations in the Outer 

Continental Shelf—Revisions to the 

Requirements for Exploratory Drilling 

on the Arctic Outer Continental Shelf 

and opened a 60-day public comment 

period, which closed February 8, 2021. 

After publication of the proposed rule, 

BSEE and BOEM received requests to 

extend the comment period on the 

proposed rule for 60 days. BSEE and 

BOEM are reopening the comment 

period for an additional 60 days to 

provide additional time for review of 

and comment on the Notice of Proposed 

Rulemaking. Accordingly, comments 

must be submitted by the extended due 

date of April 9, 2021. BSEE and BOEM 

may not fully consider comments 

received after this date. 

Laura Daniel Davis, 

Senior Advisor to the Secretary, Exercising 

the Delegated Authority of the Assistant 

Secretary, Land and Minerals Management, 

U.S. Department of the Interior. 

[FR Doc. 2021–02799 Filed 2–8–21; 4:15 pm] 

BILLING CODE 4310–VH–P; 4310–MR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0460] 

RIN 1625–AA00 

Safety Zone; Cocos Lagoon, Merizo, 

GU 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a recurring safety zone for 

navigable waters within Cocos Lagoon. 

This safety zone will encompass the 

designated swim course for the Cocos 

Crossing swim event in the waters of 

Cocos Lagoon, Merizo, Guam. Race 

participants, chase boats, and organizers 

of the event will be exempt from the 

safety zone. Entry of persons or vessels 

into the safety zone is prohibited unless 

authorized by the Captain of the Port 

(COTP) Guam. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before March 12, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2020–0460 using the Federal 

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Chief Petty 

Officer Robert Davis, Sector Guam, U.S. 

Coast Guard, by telephone at (671) 355– 

4866, or email at WWMGuam@uscg.mil. 

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 

II. Background, Purpose, and Legal 

Basis 

The Cocos Crossing swim event is a 

recurring annual event that occurs on 

the Sunday before Memorial Day. We 

have established safety zones for this 

swim event in past years. 

The purpose of this rule is to ensure 

the safety of the participants and the 

navigable waters in the safety zone 

8880 Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Proposed Rules 

before, during, and after the scheduled 

swim event. The Coast Guard is 

proposing this rulemaking under 

authority in 46 U.S.C. 70034 (previously 

33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The Captain of the Port (COTP) is 

proposing to establish a safety zone 

from 6:00 a.m. to 1:00 p.m. annually on 

the Sunday before Memorial Day unless 

delayed for weather for the Cocos 

Crossing swimming event. This safety 

zone is necessary to protect all persons 

and vessels participating in this marine 

event from potential safety hazards 

associated with vessel traffic in the area. 

Race participants, chase boats, and 

organizers of the event will be exempt 

from the safety zone. Entry of persons or 

vessels into this safety zone is 

prohibited unless authorized by the 

COTP. The regulatory text we are 

proposing appears at the end of this 

document. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone, which 

will impact a small designated area of 

the Cocos Lagoon for approximately 7 

hours. Moreover, the Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule would allow vessels 

to seek permission to enter the zone. 

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 proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed 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 made a preliminary determination 

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 proposed 

rule involves a safety zone lasting 

approximately 7 hours that would 

prohibit entry within 100-yards for 

swim participants. Normally such 

actions are 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 preliminary 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. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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 

Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Proposed Rules 8881 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to https://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 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. 0170.1. 

■ 2. Add § 165.1418 to read as follows: 

§ 165.1418 Safety Zone; Cocos Lagoon, 

Merizo, GU 

(a) Location. The following area, 

within the Guam Captain of the Port 

(COTP) Zone (See 33 CFR 3.70–15), all 

navigable waters within a 100-yard 

radius of race participants in Cocos 

Lagoon, Merizo, Guam. Race 

participants, chase boats and organizers 

of the event will be exempt from the 

safety zone. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

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 (COTP) Sector Guam in the 

enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in section 

§ 165.23, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

COTP or a designated on-scene 

representative. 

(2) This safety zone is closed to all 

persons and vessel traffic, except as may 

be permitted by the COTP or a 

designated on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the COTP is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the COTP 

to act on his or her behalf. 

(4) Persons and Vessel operators 

desiring to enter or operate within the 

safety zone must contact the COTP or an 

on-scene representative to obtain 

permission to do so. The COTP or an 

on-scene representative may be 

contacted via VHF Channel 16 or at 

telephone number (671) 355–4821. 

Vessel operators given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the COTP or an on-scene 

representative. 

(d) Enforcement period. This safety 

zone will be enforced on the Sunday 

before Memorial Day from 6:00 a.m. to 

1:00 p.m. annually, unless the event is 

delayed or cancelled due to weather. 

The Coast Guard will provide advance 

notice of enforcement and a broadcast 

notice to mariners to inform public of 

specific date. 

Dated: February 4, 2021. 

Joshua M. Empen, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Guam. 

[FR Doc. 2021–02751 Filed 2–9–21; 8:45 am] 

BILLING CODE 9110–04–P