Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations 12539 

3. Executive Order 12866 

This rule is not a significant 

regulatory action as defined in section 

3.f of Executive Order 12866. 

4. Paperwork Reduction Act 

The provisions of the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, 44 U.S.C. Chapter 35, and its 

implementing regulations, 5 CFR part 

1320, do not apply to this rule because 

there are no new or revised 

recordkeeping or reporting 

requirements. 

5. Direct Final Procedures 

Treasury is issuing the amendments 

to 31 CFR part 16 as a direct final rule. 

The effective date of this rule is May 3, 

2021 without further notice, unless 

Treasury receives written adverse 

comments before April 5, 2021. 

If Treasury receives timely written 

adverse comments on the amendments 

to 31 CFR part 16, Treasury will 

withdraw the regulation before its 

effective date. 

List of Subjects 

31 CFR Part 16 

Administrative Practice and 

Procedure, Claims, Fraud, Penalties. 

31 CFR Part 27 

Administrative Practice and 

Procedure, Penalties. 

31 CFR Part 50 

Insurance, Terrorism. 

Authority and Issuance 

For the reasons set forth in the 

preamble, parts 16, 27, and 50 of title 31 

of the Code of Federal Regulations are 

amended as follows: 

PART 16—REGULATIONS 

IMPLEMENTING THE PROGRAM 

FRAUD CIVIL REMEDIES ACT OF 1986 

■ 1. The authority citation for part 16 

continues to read as follows: 

Authority: 31 U.S.C. 3801–3812. 

■ 2. Effective May 3, 2021 amend § 16.3 

by revising paragraphs (a)(1)(iv) and 

(b)(1)(ii) to read as follows: 

§ 16.3 Basis for civil penalties and 

assessments. 

(a) * * * 

(1) * * * 

(iv) Is for payment for the provision 

of property or services which the person 

has not provided as claimed, shall be 

subject, in addition to any other remedy 

that may be prescribed by law, to a civil 

penalty of not more than $8,212 for each 

such claim. 

* * * * * 

(b) * * * (1) * * * 

(ii) Includes or is accompanied by an 

express certification or affirmation of 

the truthfulness and accuracy of the 

content of the statement, shall be 

subject, in addition to any other remedy 

that may be prescribed by law, to a civil 

penalty of not more than $8,212 for each 

such statement. 

* * * * * 

PART 27—CIVIL PENALTY 

ASSESSMENT FOR MISUSE OF 

DEPARTMENT OF THE TREASURY 

NAMES, SYMBOLS, ETC. 

■ 3. The authority citation for part 27 

continues to read as follows: 

Authority: 31 U.S.C. 321, 333. 

■ 4. Amend § 27.3 by revising paragraph 

(c) to read as follows: 

§ 27.3 Assessment of civil penalties. 

* * * * * 

(c) Civil Penalty. An assessing official 

may impose a civil penalty on any 

person who violates the provisions of 

paragraph (a) of this section. The 

amount of a civil monetary penalty shall 

not exceed $8,212 for each and every 

use of any material in violation of 

paragraph (a), except that such penalty 

shall not exceed $41,056 for each and 

every use if such use is in a broadcast 

or telecast. 

* * * * * 

PART 50—TERRORISM RISK 

INSURANCE PROGRAM 

■ 5. The authority citation for part 50 is 

revised to read as follows: 

Authority: 5 U.S.C. 301; 31 U.S.C. 321; 

Title I, Pub. L. 107–297, 116 Stat. 2322, as 

amended by Pub. L. 109–144, 119 Stat. 2660, 

Pub. L. 110–160, 121 Stat. 1839, Pub. L. 114– 

1, 129 Stat. 3, and Pub. L. 116–94, 133 Stat. 

2534 (15 U.S.C. 6701 note); Pub. L. 114–74, 

129 Stat. 601, Title VII (28 U.S.C. 2461 note). 

■ 6. Amend § 50.83 by revising 

paragraph (a) to read as follows: 

§ 50.83 Adjustment of civil monetary 

penalty amount. 

(a) Inflation Adjustment. Any penalty 

under the Act and these regulations may 

not exceed the greater of $1,436,220 

and, in the case of any failure to pay, 

charge, collect or remit amounts in 

accordance with the Act or these 

regulations such amount in dispute. 

* * * * * 

John T. Norris, 

Assistant Secretary for Management (Acting). 

[FR Doc. 2021–04377 Filed 3–3–21; 8:45 am] 

BILLING CODE 4810–AK–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2021–0130] 

RIN 1625–AA00 

Safety Zone; Atlantic Intracoastal 

Waterway, Horry County, SC 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing an emergency temporary 

safety zone that includes all waters of 

the Waccamaw River from Enterprise 

Landing at Atlantic Intracoastal 

Waterway (AICW) statute mile 375 

north to Fantasy Harbour Fixed Bridge 

at AICW statute mile 366. The safety 

zone is needed to protect persons and 

property during a period of high water 

in the area caused by heavy rainfall and 

runoff. Vessels operating within the 

zone shall proceed at speeds that do not 

create a wake. Vessels that desire to 

transit this zone at speeds that create a 

wake, shall first seek authorization from 

the Captain of the Port (COTP) 

Charleston. 

DATES: This rule is effective without 

actual notice from March 4, 2021 

through March 7, 2021. For the 

purposes of enforcement, actual notice 

will be used from March 1, 2021 until 

March 4, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0130 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule call or 

email Lieutenant Chad Ray, Sector 

Charleston Office of Waterways 

Management, Coast Guard; telephone 

(843) 740–3184, email Chad.L.Ray@

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 


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12540 Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations 

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 

publishing an NPRM would be contrary 

to public interest due to waters 

suddenly reaching dangerously high 

levels. Immediate action is needed to 

address safety hazards created by 

transiting vessels’ wake, which 

threatens persons and property in 

flooded areas. It is impracticable to 

publish an NPRM because we must 

establish this safety zone by March 1, 

2021. 

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 this emergent high 

water event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Charleston (COTP) 

has determined that potential hazards 

associated with the high water 

conditions are a safety concern for 

persons and property in this area. 

Vessels that transit the zone create a 

wake that exacerbates the safety hazards 

associated with dangerously high water 

levels created by recent heavy rainfall 

and unexpected increases in runoff. 

This rule is needed to protect personnel 

and property throughout the duration of 

the high water conditions. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from March 1, 2021 through March 7, 

2021, or until the high water conditions 

subside, whichever occurs first. The 

safety zone will cover all waters of the 

Waccamaw River from Enterprise 

Landing at Atlantic Intracoastal 

Waterway (AICW) statute mile 375 

north to Fantasy Harbour Fixed Bridge 

at AICW statute mile 366. The duration 

of the zone is intended to protect 

personnel, property, and the marine 

environment throughout the duration of 

the high water event. Vessels operating 

within the zone shall proceed at speeds 

that do not create a wake. Vessels that 

desire to transit this zone at speeds that 

create a wake, shall first seek 

authorization from the Captain of the 

Port (COTP) Charleston. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the limited duration and 

scope of the safety zone. The safety zone 

will be enforced only so long as the 

duration of the high water conditions, 

which makes it limited in duration. The 

safety zone is limited in scope because 

it only affects those areas immediately 

impacted by high water levels along 

identified sections of the Atlantic 

Intracoastal Waterway. The safety is 

limited in scope as it allows vessels to 

enter the zone with the approval of the 

COTP so long as the vessel transits the 

zone at speeds that do not create a wake. 

The Coast Guard will provide actual 

notification of the zone by on-scene 

designated representatives and 

broadcast notice to mariners via VHF– 

FM marine channel 16, and a marine 

safety information bulletin. 

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 


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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations 12541 

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 a safety 

zone lasting only throughout the high 

water conditions and will only restrict 

the speed at which vessels transit the 11 

mile section of the Atlantic Intracoastal 

Waterway. It is categorically excluded 

from further review under paragraph 

L60a of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. 

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 recordkeeping 

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 

■ 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.T07–0130 to read as 

follows: 

§ 165.T07–0130 Safety Zone; Atlantic 

Intracoastal Waterway; Horry County, SC. 

(a) Location. All waters of the 

Waccamaw River from Enterprise 

Landing at Atlantic Intracoastal 

Waterway (AICW) statute mile 375 

north to Fantasy Harbour Fixed Bridge 

at AICW statute mile 366. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port (COTP) Charleston 

in the enforcement of the regulated 

areas. 

(c) Regulations. (1) All vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area unless 

authorized by the COTP Charleston or a 

designated representative. 

(2) Persons or vessels desiring to 

enter, transit through, or remain within 

the regulated area must proceed at 

speeds that do not create a wake. 

(3) Vessels that desire to transit this 

zone at speeds that create a wake, shall 

first seek authorization from the COTP 

Charleston. The COTP Charleston, or a 

designated representative, can be 

contacted via telephone at 843–740– 

7050, or via VHF radio on channel 16, 

to request authorization. If authorization 

is granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Charleston or a designated 

representative. 

(4) The Coast Guard will provide 

actual notice of the zone by on-scene 

designated representatives and 

broadcast notice to mariners via VHF– 

FM marine channel 16, and a marine 

safety information bulletin. 

(d) Enforcement period. This section 

will be enforced from March 1, 2021 

through March 7, 2021, or until the 

conclusion of the high water conditions, 

whichever occurs first. 

Dated: March 1, 2021. 

J.D. Cole, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2021–04475 Filed 3–3–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0071] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Mile Marker 368 Through 370, Natchez, 

MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Lower 

Mississippi River (LMR), Mile Marker 

368 through 370. The safety zone is 

needed to protect persons, property, and 

the marine environment from the 

potential safety hazards associated with 

line pulling operations in the vicinity of 

the Natchez, MS. Entry of persons or 

vessels into this zone is prohibited 

unless authorized by the Captain of the 

Port Sector Lower Mississippi River or 

a designated representative. 

DATES: This rule is effective without 

actual notice from March 4, 2021 until 

March 15, 2021. For the purposes of 

enforcement, actual notice will be used 

from March 1, 2021 until March 4, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0071 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MSTC Lindsey Swindle, U.S. 

Coast Guard; telephone 901–521–4813, 

email Lindsey.M.Swindle@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Lower 

Mississippi River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 


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