Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37047 

TABLE 1 TO § 100.100 

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7 ............................................................ July 

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7.8 Mystic Sharkfest Swim ................. • Date: A single day during July. 

• Time: To be determined annually. 

• Location: All waters of the Mystic River in Mystic, CT from Mystic Seaport, down the Mystic River, 

under the Bascule Drawbridge at 41°21′17.046′′ N, 071° 58′8.742′′ W, to finish at the boat launch 

ramp at the north end of Seaport Marine. 

* * * * * * * 

Dated: July 8, 2021. 

E. J. Van Camp, 

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

Port Long Island Sound. 

[FR Doc. 2021–14970 Filed 7–13–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0524] 

RIN 1625–AA00 

Safety Zone; Pacific Ocean, Offshore 

Barbers Point, Oahu, HI—Recovery 

Operations 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters of the Southwest 

shores of Oahu, Hawaii, near Barbers 

Point. The temporary safety zone 

encompasses all waters extending 3 

nautical miles in all directions from 

position 21°16′36′′ N, 158°01′42′′ W. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

associated with ongoing operations to 

salvage a downed aircraft in this area. 

Entry of vessels or persons in this zone 

is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Honolulu. 

DATES: This rule is effective without 

actual notice from July 14, 2021 until 12 

p.m. on July 30, 2021. For the purposes 

of enforcement, actual notice will be 

used from July 2, 2021, until July 14, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0524 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 Lieutenant Commander Joshua 

Williams, Waterways Management 

Division, U.S. Coast Guard Sector 

Honolulu at (808) 541–2359 or 

Joshua.b.williams@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 

immediate action is needed to respond 

to the potential safety hazards 

associated with this salvage effort, and 

therefore publishing an NPRM is 

impracticable and contrary to public 

interest. 

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). On July 2, 

2021, the Coast Guard was informed of 

a cargo plane crash off the Southwest 

shores of Oahu, Hawaii near Barber’s 

Point. The Coast Guard COTP Sector 

Honolulu has determined that the 

potential hazards associated with the 

salvage operations constitute a safety 

concern for anyone within the 

designated safety zone. This rule is 

necessary to protect personnel, vessels, 

and the marine environment within the 

navigable waters of the safety zone 

during ongoing salvage operations. 

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 and 

contrary to the public interest because 

immediate action is necessary to ensure 

the safety of the ongoing recovery 

operations. 

IV. Discussion of the Rule 

This rule is effective from July 2, 2021 

through 12 p.m. on July 30, 2021, or 

until salvage operations are complete, 

whichever is earlier. If the safety zone 

is terminated prior to 12 p.m. on July 

30, 2021, the Coast Guard will provide 

notice via a broadcast notice to 

mariners. The temporary safety zone 

encompasses all waters extending 3 

nautical miles in all directions around 

the location of ongoing salvage 

operations near position 21°16′36′′ N, 

158°01′42′′ W. This zone extends from 

the surface of the water to the ocean 

floor. The zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

from potential hazards associated with 

the salvage operations of one downed 

helicopter in this area. No vessel or 

person will be permitted to enter the 

safety zone absent the express 

authorization of the COTP or his 

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 


lotter on DSK11XQN23PROD with RULES1
37048 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 

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 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on [provide factual reasons 

related to the waterway, duration of 

rule, etc.]. 

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. This safety zone is limited 

in size and duration, and mariners may 

request to enter the zone by contacting 

the COTP. 

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 with a duration of 28 days or until 

salvage operations are completed. It is 

categorically excluded from further 

review under paragraph L60(d) 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, and 

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 Secruity Delegation 

No. 0170.1. 

■ 2. Add § 165.T14–0524 to read as 

follows: 

§ 165.T14–0524 Safety Zone; Pacific 

Ocean, Offshore Barbers Point, Oahu, HI— 

Recovery Operations. 

(a) Location. The safety zone is 

located within the COTP Zone (See 33 

CFR 3.70–10) and will encompass all 

navigable waters extending 3 nautical 

miles in all directions around the 

location of ongoing salvage operations 

near position 21°16′36′′ N, 158°01′42′′ 

W. This zone extends from the surface 

of the water to the ocean floor. 

(b) Enforcement period. This rule is 

effective from 1 p.m. (HST) on July 2, 

2021 through 12 p.m. (HST) on July 30, 

2021, or until salvage operations are 

complete, whichever is earlier. If the 

safety zone is terminated prior to 12 

p.m. (HST) on July 30, 2021, the Coast 

Guard will provide notice via a 

broadcast notice to mariners. 


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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37049 

(c) Regulations. The general 

regulations governing safety zones 

contained in 33 CFR 165.23 apply to the 

safety zone created by this temporary 

final rule. 

(1) All persons are required to comply 

with the general regulations governing 

safety zones found in 33 CFR part 165. 

(2) Entry into or remaining in this 

zone is prohibited unless expressly 

authorized by the COTP or his 

designated representative. 

(3) Persons desiring to transit the 

safety zone identified in paragraph (a) of 

this section may contact the COTP at the 

Command Center telephone number 

(808) 842–2600 and (808) 842–2601, fax 

(808) 842–2642 or on VHF channel 16 

(156.8 Mhz) to seek permission to 

transit the zone. If permission is 

granted, all persons and vessels must 

comply with the instructions of the 

COTP or his designated representative 

and proceed at the minimum speed 

necessary to maintain a safe course 

while in the zone. 

(4) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(d) Notice of enforcement. The COTP 

Honolulu will cause Notice of the 

Enforcement of the safety zone 

described in this section to be made by 

Broadcast to the maritime community 

via marine safety broadcast notice to 

mariners on VHF channel 16 (156.8 

MHz). 

(e) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the COTP to assist in 

enforcing the safety zone described in 

paragraph (a) of this section. 

Dated: July 2, 2021. 

N.S. Worst, 

Commander, U.S. Coast Guard, Alternate 

Captain of the Port Honolulu. 

[FR Doc. 2021–14860 Filed 7–13–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0507] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone located in federal 

regulations for a recurring marine event. 

This action is necessary and intended 

for the safety of life and property on 

navigable waters during this event. 

During the enforcement period, no 

person or vessel may enter the 

respective safety zone without the 

permission of the Captain of the Port 

Buffalo or a designated representative. 

DATES: The regulations listed in 33 CFR 

165.939 as listed in Table 165.939(c)(1) 

will be enforced from 7:15 a.m. through 

1:15 p.m. on July 17, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST2 Natalie 

Smith, Waterways Management 

Division, U.S. Coast Guard Marine 

Safety Unit Cleveland; telephone (216) 

937–6004, email D09-SMBMSUCLEVELAND-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zones; 

Annual Events in the Captain of the Port 

Buffalo Zone listed in 33 CFR 165.939, 

Table 165.939(c)(1) for the Whiskey 

Island Paddlefest in Cleveland, OH, on 

all U.S. waters of Lake Erie, Cleveland 

Harbor, from 41°29′59.5′′ N and 

081°42′59.3′′ W, to 41°30′4.4′′ N and 

081°42′44.5′′ W, to 41°30′17.3′′ N and 

081°43′0.6′′ W, to 41°30′9.4′′ N and 

081°43′2.0′′ W, to 41°29′54.9′′ N and 

081°43′34.4′′ W, to 41°30′0.1′′ N and 

081°43′3.1′′ W, and back to 41°29′59.5′′ 

N and 081°42′59.3′′ W (NAD 83) from 

7:15 a.m. through 1:15 p.m. on July 17, 

2021. The scheduled date of zone 

enforcement differs from that published 

in 33 CFR 165.939 to accommodate the 

sponsoring organization’s priority to 

better align their event with other 

occurring local events, other paddle 

races taking place in the Great Lakes 

region, and to ensure the availability of 

personnel and resources to support the 

event. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or a 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 

Captain of the Port Buffalo via channel 

16, VHF–FM. Vessels and persons 

granted permission to enter the safety 

zone shall obey the directions of the 

Captain of the Port Buffalo or a 

designated representative. While within 

a safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552 (a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that the 

safety zone need not be enforced for the 

full duration stated in this notice he or 

she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the respective safety zone. 

R.R. Kistner, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Buffalo. 

[FR Doc. 2021–14769 Filed 7–13–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0062] 

RIN 1625–AA87 

Security Zone: Electric Boat Shipyard, 

Groton, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard will modify 

the security zone boundaries 

surrounding the Electric Boat Shipyard 

in Groton, Connecticut. The amendment 

to the Security Zone is due to the 

expanding operations at Electric Boat 

Shipyard. 

DATES: This rule is effective August 13, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0062 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 Marine Science Technician 3rd 

Class Ashley Dodd, Waterways 

Management Division, Sector Long 

Island Sound; Tel: (203) 468–4469; 

Email: Ashley.M.Dodd@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 


lotter on DSK11XQN23PROD with RULES1