35240 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules 

REGULATORY REVIEW MODIFIED TEN-YEAR SCHEDULE—Continued 

16 CFR part Topic Year to initiate review 

429 .............. Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations ............. 2023. 

20 ................ Guides for the Rebuilt, Reconditioned, and Other Used Automobile Parts Industry ............................... 2024. 

240 .............. Guides for Advertising Allowances and Other Merchandising Payments and Services [Fred Meyer 

Guides].

2024. 

300 .............. Rules and Regulations under the Wool Products Labeling Act of 1939 .................................................. 2024. 

301 .............. Rules and Regulations under Fur Products Labeling Act ........................................................................ 2024. 

303 .............. Rules and Regulations under the Textile Fiber Products Identification Act ............................................. 2024. 

425 .............. Use of Prenotification Negative Option Plans .......................................................................................... 2024. 

435 .............. Mail, Internet, or Telephone Order Merchandise ..................................................................................... 2024. 

424 .............. Retail Food Store Advertising and Marketing Practices [Unavailability Rule] .......................................... 2024. 

239 .............. Guides for the Advertising of Warranties and Guarantees ...................................................................... 2025. 

306 .............. Automotive Fuel Ratings, Certification and Posting ................................................................................. 2025. 

305 .............. Energy Labeling Rule ............................................................................................................................... 2025. 

444 .............. Credit Practices ......................................................................................................................................... 2025. 

500 .............. Regulations under Section 4 of the Fair Packaging and Labeling Act .................................................... 2025. 

501 .............. Exemptions from Requirements and Prohibitions under Part 500 ........................................................... 2025. 

502 .............. Regulations under Section 5(c) of the Fair Packaging and Labeling Act ................................................ 2025. 

503 .............. Statements of General Policy or Interpretation [under the Fair Packaging and Labeling Act] ................ 2025. 

700 .............. Interpretations of Magnuson-Moss Warranty Act ..................................................................................... 2025. 

701 .............. Disclosure of Written Consumer Product Warranty Terms and Conditions ............................................. 2025. 

702 .............. Pre-Sale Availability of Written Warranty Terms ...................................................................................... 2025. 

703 .............. Informal Dispute Settlement Procedures .................................................................................................. 2025. 

304 .............. Rules and Regulations under the Hobby Protection Act .......................................................................... 2026. 

455 .............. Used Motor Vehicle Trade Regulation Rule ............................................................................................. 2026. 

259 .............. Guide Concerning Fuel Economy Advertising for New Automobiles ....................................................... 2027. 

682 .............. Disposal of Consumer Report Information and Records ......................................................................... 2027. 

23 ................ Guides for the Jewelry, Precious Metals, and Pewter Industries ............................................................ 2028. 

311 .............. Test Procedures and Labeling Standards for Recycled Oil ..................................................................... 2028. 

460 .............. Labeling and Advertising of Home Insulation ........................................................................................... 2028. 

316 .............. CAN–SPAM Rule ...................................................................................................................................... 2029. 

433 .............. Preservation of Consumers’ Claims and Defenses [Holder in Due Course Rule] ................................... 2029. 

315 .............. Contact Lens Rule .................................................................................................................................... 2030. 

317 .............. Prohibition of Energy Market Manipulation Rule ...................................................................................... 2031. 

[FR Doc. 2021–13724 Filed 7–1–21; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0426] 

RIN 1625–AA00 

Special Local Regulation; Swim for 

Special Operations Forces; San Diego 

Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to amend its special local regulations for 

recurring marine parades, regattas, and 

other events in Southern California 

Annual Marine Events for the San Diego 

Captain of the Port Zone. This proposed 

rule would add one new recurring 

special local regulation. This action is 

necessary to provide for the safety of life 

on the navigable waters during the 

event. This proposed rulemaking would 

restrict vessel traffic in the designated 

areas during the events unless 

authorized by the Captain of the Port 

San Diego or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 2, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0426 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 Lieutenant 

Commander John Santorum, Waterways 

Management, U.S. Coast Guard; 

telephone 619–278–7656, email 

MarineEventsSD@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 Coast Guard proposes to amend 

33 CFR 100.1101 by adding a new 

reoccurring marine event to the Table 1 

of Section § 100.1101 for a swim race in 

San Diego Bay, CA. 

The Honor Foundation notified the 

Coast Guard that it will be hosting the 

Honor Foundation Swim for Special 

Operations Forces (SOF) annually on a 

Saturday during the month of 

September. The regulated area would 

cover all navigable waters of the San 

Diego Bay, beginning at Glorietta Bay, 

continuing to Tidelands Park before 

proceeding north along the Coronado 

shoreline, crossing the federal navigable 

channel at Bayview Park, and finishing 

at the USS MIDWAY Museum. 

The proposed annually reoccurring 

special local regulation is necessary to 

provide for the safety of life on 

navigable waters during the event. 

Based on the nature of this marine 

event, the large number of participants, 

and event location, the COTP has 

determined that the event listed in this 

proposed rule could pose a risk to 

participants or waterways users if the 


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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules 35241 

normal vessel traffic were to interfere 

with the event. Possible hazards include 

risks of injury or death from near or 

actual contact among participants and 

mariners traversing through the 

regulated area. In order to protect the 

safety of all waterway users, including 

event participants and spectators, this 

proposed rule would establish a special 

local regulation for the time and 

location of the marine event. Vessels 

would not be permitted to enter the 

regulated areas unless authorized by the 

COTP or a designated representative. 

The Coast Guard proposes this 

rulemaking under authority in 46 U.S.C. 

70041. 

III. Discussion of Proposed Rule 

The Coast Guard proposes to add one 

new recurring special local regulation in 

Table 1 to § 100.1101 for the Honor 

Foundation Swim for Special 

Operations Forces. The duration of the 

regulated area is intended to ensure the 

safety of the public during the swim. 

Non-participant vessels are not 

permitted to enter, transit through, 

anchor in, or remain within the 

regulated area without obtaining 

permission from the Captain of the Port 

San Diego or a designated 

representative. The Coast Guard will 

provide notice of the regulated area by 

Broadcast Notice to Mariners and onscene designated representatives. 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, and 

duration of the special local regulation. 

Vessel traffic would be able to safely 

transit around this special local 

regulation, which would impact a smalldesignated area of the San Diego Bay. 

Moreover, the Coast Guard would issue 

a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

areas, and the rule would allow vessels 

to seek permission to enter the areas. 

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 regulated area that 

would prohibit persons and vessels 

from transiting the regulated area during 

the swim event. Normally such actions 

are categorically excluded from further 

review under paragraph L[61] 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 


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35242 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules 

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 

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. 

Comments we post to https://

www.regulations.gov 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 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. In § 100.1101, in table 1 to 

§ 100.1101, add item number 16 to read 

as follows: 

§ 100.1101 Southern California Annual 

Marine Events for the San Diego Captain of 

the Port Zone. 

TABLE 1 TO § 100.1101 

*******

16. Swim for Special Operations Forces; San Diego Bay, San Diego, CA 

Sponsor .................................................................................... The Honor Foundation. 

Event Description ..................................................................... SS Swim race. 

Date .......................................................................................... Saturday in September. 

Location .................................................................................... San Diego Bay, CA. 

Regulated Area ......................................................................... All waters of San Diego Bay, from surface to bottom, beginning at Glorietta Bay, 

continuing to Tidelands Park, proceeding north along the Coronado shoreline, 

crossing the federal navigable channel at Bayview Park, and finishing at the 

USS MIDWAY Museum. 

Dated: June 25, 2021. 

T.J. Barelli, 

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

Port San Diego. 

[FR Doc. 2021–14230 Filed 7–1–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0451] 

RIN 1625–AA00 

Safety Zone; Ohio River, Newburgh, IN 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

all navigable waters of the Ohio River 

extending the entire width of the river, 

from mile marker (MM) 777.3 to MM 

778.3. This action is necessary to 

provide for the safety of life on these 

navigable waters near Newburgh, 

Indiana, during the City of Newburgh 

fireworks display on September 4, 2021. 

This proposed rulemaking would 

prohibit persons and vessels from being 

in the safety zone unless authorized by 

the Captain of the Port Sector Ohio 

Valley or a designated representatitve. 

We invite your comments on this 

proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 2, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0451 using the Federal Decision 

Making 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 MST3 

Matthews U.S. Coast Guard, telephone 

502–779–5334, email secohv-wwm@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Ohio 

Valley 

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 

On June 17, 2021, the Historic 

Newburgh, Inc notified the Coast Guard 


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