Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 33133 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with 33 CFR 

165.7. 

Dated: June 22, 2021. 

Marie B. Byrd, 

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

Port, San Francisco. 

[FR Doc. 2021–13620 Filed 6–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0420] 

RIN 1625–AA00 

Safety Zone; Clear Lake, Clear Creek, 

TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within 100 feet of the 

Pre-Stage Zone, Approach Zone, Course 

Run Zone and Shut-Down Zone during 

the Texas Outlaw Challenge in Clear 

Lake, Clear Creek, TX. The safety zone 

is needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by the power 

boat race. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Houston-Galveston. 

DATES: This rule is effective from 7 a.m. 

to 2 p.m. on June 25, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0420 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 on this rule, call or 

email LT James Mitard, Sector HoustonGalveston Waterways Management 

Division, U.S. Coast Guard; telephone 

281–464–4780, email James.V.Mitard@

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 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. We must establish this 

special local regulation by June 25, 2021 

and lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. 

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 contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the 

power boat race being conducted in the 

third largest recreational boating 

community in the nation. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Houston-Galveston 

(COTP) has determined that potential 

hazards associated with the power boat 

race on June 25, 2021 in Clear Lake, TX, 

will be a safety concern for anyone 

within the Pre-Stage Zone, Approach 

Zone, Course Run Zone, and Shut-Down 

Zone before, during, and after the 

scheduled event. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within these areas during the 

power boat race. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 a.m. to 2 p.m. on June 25, 2021. 

The safety zone will cover all navigable 

waters within 100 feet of the different 

zones of the boat course to include the 

Pre-Stage Zone, Approach Zone, Course 

Run Zone and Shut-Down Zone. All of 

these zones along with the Spectator 

Zone are described below: 

Pre-Stage Zone: This area is the prestaging area for participating vessels to 

line up. It will include all waters within 

the following areas 29°33.13 N, 

095°01.84 W, 29°33.12 N, 095°01.89 W, 

29°33.23 N, 095°01.96 W, 29°33.13 N, 

095°01.84 W. 

Approach Zone: 1⁄4 mile distance 

required for participating vessels to 

obtain the minimum 40mph 

requirement for course entry. This will 

be a straight line to begin at 

approximately 29°33.256 N, 095°01.89 

W and end at approximately 29°33.33 N, 

095°02.15 W. 

Course Run Zone: 3⁄4 mile distance 

where participating vessels will conduct 

their high-speed run. This will be a 

straight line to begin at approximately 

29°33.33 N, 095°02.16 W and end at 

approximately 29°33.53 N, 095°02.98 

W. 

Shut-Down Zone: 1 mile distance 

where participating vessels will be 

allowed to slow their speeds back to an 

idle. This will be a straight line to begin 

at approximately 29°33.53 N, 095°02.98 

W and end at approximately 29°33.74 N, 

095°04.1 W. 

Spectator Zone: All vessels that will 

be viewing the event will be required to 

stay within a designated area. The 

sponsor is responsible for marking the 

spectator zone with 4 buoys on the outer 

corners and ensuring that all vessels 

within the area are anchored and remain 

in the area during all ongoing highspeed runs. 

No vessel or person would be 

permitted to enter the established zones 

without obtaining permission from the 

on-water Safety-Officer or designated 

representative. If permission to transit 

the area is granted, the person must 

comply with the directions of the onwater Safety Officer or 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 


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33134 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the temporary safety zone. 

This regulatory action will last seven 

hours and encompasses a 100 feet 

radius around the boat race path and 

staging area. The rest of the lake is open 

to the public to transit. Vessels and 

persons may seek permission to transit 

the regulated areas from the on-water 

Safety Officer or designated 

representative. 

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 special 

local regulation area 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 

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 7 hours that will prohibit 

entry within 100 feet of the boat race 

course. It is 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 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. 

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.T08–0420 to read as 

follows: 

§ 165.T08–0420 Safety Zone; Clear Lake, 

Clear Creek, TX 

(a) Location. The following areas of 

Clear Lake in Clear Creek, TX make up 

a safety zone: 

(1) Pre-stage zone. All navigable 

waters within 100 feet of the Pre-Stage 

Zone which includes all waters within 

the following areas: 29°33.13 N, 

095°01.84 W, 29°33.12 N, 095°01.89 W, 

29°33.23 N, 095°01.96 W, 29°33.13 N, 

095°01.84 W; 

(2) Approach zone. Comprised of all 

navigable waters within 100 feet of a 

straight line beginning at approximately 

29°33.256 N, 095°01.89 W and ending 

approximately 29°33.33 N, 095°02.15 

W; 

(3) Course run zone. Comprised of all 

navigable waters within 100 ft of a 

straight line beginning at approximately 

29°33.33 N, 095°02.16 W and ending at 

approximately 29°33.53 N, 095°02.98 

W; 

(4) Shut-down zone. Comprised of all 

navigable waters within 100 feet of a 

straight line beginning at approximately 

29°33.53 N, 095°02.98 W and ending at 

approximately 29°33.74 N, 095°04.1 W; 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 33135 

(5) Spectator zone. All vessels that 

will be viewing the event must remain 

anchored within a designated area 

during all ongoing high-speed runs. The 

sponsor is responsible for marking the 

spectator zone with 4 buoys on the outer 

corners. 

(b) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, persons and vessels are 

prohibited from entering the safety zone 

unless authorized by the the on-water 

Safety Officer or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Houston-Galveston. 

(2) Persons or vessels desiring to enter 

into or pass through the zone must 

request permission from the on-water 

Safety Officer or a designated 

representative. They may be contacted 

on VHF radio Channel 16. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the on-water Safety 

Officer or designated representative 

while navigating in the regulated area. 

(c) Enforcement period: This safety 

zone will be enforced from from 7 a.m. 

to 2 p.m. on June 25, 2021. 

J.E. Smith, 

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

Port Houston-Galveston. 

[FR Doc. 2021–13229 Filed 6–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0368] 

Special Local Regulations; City of 

North Charleston Fireworks; 

Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a special local regulation for the City of 

North Charleston’s Fireworks Display 

on July 4, 2021 from 8 p.m. until 10 

p.m., to provide for the safety of life on 

navigable waterways during the event. 

The Coast Guard will enforce a 

temporary safety zone during the City of 

North Charleston’s Fireworks Display 

occurring at Waterfront Park on the 

Cooper River, in Charleston, South 

Carolina. The temporary safety zone is 

necessary to protect vessels, spectators, 

and the general public during the event. 

During the enforcement period, no 

person or vessel may enter, transit 

through, anchor in, or remain within the 

designated area unless authorized by the 

Captain of the Port Charleston (COTP) 

or a designated representative. 

DATES: The regulation in 33 CFR 

100.704, Table 1 to § 100.704, Item No. 

(5), will be enforced from 8 p.m. until 

10 p.m. on July 4, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Commander Chad Ray, Sector 

Charleston Office of Waterways 

Management, Coast Guard; telephone 

(843) 740–3184, email Chad.L.Ray@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation in 33 CFR 100.704, Table 1 to 

§ 100.704, Item No. (5), for the City of 

North Charleston’s Fireworks Display 

on July 4, 2021 from 8 p.m. to 10 p.m. 

This action is being taken to provide for 

the safety of life on navigable waterways 

during this event. The regulation in 

§ 100.704, Table 1 to § 100.704, Item No. 

(5), specifies the location of the 

regulated area for the City of North 

Charleston’s Fireworks Display, which 

encompasses a portion of the Cooper 

River at River Front Park in Charleston, 

South Carolina. During the enforcement 

periods, as reflected in § 100.704(c)(1), if 

you are the operator of a vessel in the 

regulated area you must comply with 

directions of the COTP Charleston or 

from his designated representative, 

including the Patrol Commander or any 

Official Patrol displaying a Coast Guard 

ensign. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners, 

Broadcast Notice to Mariners, and onscene designated representatives. 

Dated: June 17, 2021. 

J.D. Cole, 

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

Port Charleston. 

[FR Doc. 2021–13255 Filed 6–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 510 

[CMS–5529–CN] 

RIN 0938–AU01 

Medicare Program: Comprehensive 

Care for Joint Replacement Model 

Three Year Extension and Changes to 

Episode Definition and Pricing; 

Medicare and Medicaid Programs; 

Policy and Regulatory Revisions in 

Response to the COVID–19 Public 

Health Emergency; Additional Policy 

and Regulatory Revisions in Response 

to the COVID–19 Public Health 

Emergency; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule published in the May 3, 2021, 

Federal Register, titled ‘‘Medicare 

Program: Comprehensive Care for Joint 

Replacement Model Three Year 

Extension and Changes to Episode 

Definition and Pricing; Medicare and 

Medicaid Programs; Policy and 

Regulatory Revisions in Response to the 

COVID–19 Public Health Emergency; 

Additional Policy and Regulatory 

Revisions in Response to the COVID–19 

Public Health Emergency.’’ 

DATES: This correction is effective on 

July 2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Heather Holsey, (410) 786–0028. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2021–09097 of May 3, 

2021 (86 FR 23496), there were 

technical errors in the preamble that are 

identified and corrected in this 

correcting document. The provisions in 

this correction document apply as if 

they had been included in the document 

published May 3, 2021. 

II. Summary of Errors 

On page 23553, we stated that all 

Comprehensive Care for Joint 

Replacement (CJR) model procedures, as 

of CY 2021, could be performed in 

ambulatory surgical centers (ASCs), 

erroneously indicating that they would 

all be paid for by Medicare. We failed 

to note the exception to the ASC 

covered procedure list policy that 

excludes procedures that had been on 


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