Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37045 

PART 926—MONTANA 

■ 1. The authority citation for part 926 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 926.25 is amended in the 

table by adding an entry in 

chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 926.25 Approval of Montana abandoned 

mine land reclamation plan amendments. 

* * * * * 

Original 

amendment 

submission date 

Date of final 

publication Citation/description 

*******

August 4, 2020 ..................... July 14, 2021 ...................... Repeal and replace Certified AML Plan in response to OSMRE 884 Letter and 

State initiative streamlining of Plan. Updates Plan to be consistent with changes 

to Federal program and extends limited liability protection for certain coal and 

noncoal reclamation projects. 

Addition of 82–4–1006, MCA. 

[FR Doc. 2021–14766 Filed 7–13–21; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0029] 

RIN 1625–AA08 

Special Local Regulations; Mystic 

Sharkfest Swim, Mystic River, Mystic, 

CT 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard will issue 

special local regulations for an annual 

Mystic Sharkfest Swim event on the 

Mystic River. This rule is intended to 

ensure the protection of the maritime 

public and event participants from the 

hazards associated with this marine 

event. Once enforced, these special local 

regulations would restrict vessels from 

transiting the regulated area during this 

annually recurring event. 

DATES: This rule is effective without 

actual notice July 14, 2021. For the 

purposes of enforcement, actual notice 

will be used from July 18, 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– 

0029 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 1st 

Class Chris Gibson, Waterways 

Management Division, Sector Long 

Island Sound; Tel: (203) 468–4565; 

Email: chris.a.gibson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Long Island 

Sound 

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 

On April 13, 2021, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Special Local 

Regulations; Mystic Sharkfest Swim, 

Mystic River, Mystic, CT (86 FR 19169). 

There we stated why we issued the 

NPRM, and invited comments on our 

proposed regulatory action related to 

this fireworks display. During the 

comment period that ended May 13, 

2021, we received 0 comments. 

The Captain of the Port Long Island 

Sound (COTP) will amend Table 1 of 33 

CFR 100.100 Special Local Regulations; 

Regattas and Boat Races in the Coast 

Guard Sector Long Island Sound 

Captain of the Port Zone because adding 

this single reaccuring event will 

considerably reduce administrative 

overhead and provide the public with 

notice through publication in the 

Federal Register of the upcoming 

recurring special local regualtion. 

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 COTP 

has determined that potential hazards 

associated with this annual recurring 

event will be a safety concern for 

anyone within the area where the 

special local regulations will 

commence. The purpose of this rule is 

to ensure safety of vessels and the 

navigable waters in the safety zone 

before, during, and after the scheduled 

event. 

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 wold be impracticable and 

contrary to the public interest because 

the special local regulation must be 

established for the swim event on July 

18, 2021 to mitigate the potential safety 

hazards. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

April 13, 2021. There are no changes in 

the regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes special local 

regulations for the annual Mystic 

Sharkfest Swim event by adding this 

event to Table 1 to 33 CFR 100.100. The 

event will occur on a day in July at a 

time to be determined each year. The 

regulated area will encompass all waters 

of the Mystic River in Mystic, CT from 

Mystic Seaport, down the Mystic River, 

under the Bascule Drawbridge, to the 

boat launch ramp at the north end of 

Seaport Marine. Once enforced on the 

one day in July each year, these special 

local regulations would restrict vessels 

from transiting the regulated area. The 

specific description of this regulation 

appears at the end of this document. 

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. 


lotter on DSK11XQN23PROD with RULES1
37046 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 

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 the size, location, and 

duration and time-of-day of the special 

local regulation. Moreover, the Coast 

Guard would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the special local regulation and 

the rule would allow vessels to seek 

permission to enter the area. Vessel 

traffic would also be able to request 

permission from the COTP or a 

designated representative to enter the 

restricted area. 

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 received 0 comments 

from the Small Business Administration 

on this rulemaking. 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 

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 adding 

an annually recurring marine event to 

the already listed Table in 33 CFR 

100.100. It is categorically excluded 

from further review under paragraph 

L61 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 100 

Marine Safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 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 § 100.100, amend Table 1 by 

inserting item 7.8, in numerical order, to 

read as follows: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37047 

TABLE 1 TO § 100.100 

*******

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

*******

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