Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations 43087 

presented to the courts. It will be 

challenging for those that are harmed by 

the issuance of a generally-applicable 

policy to show aggrievement before it is 

actually applied in a case. And by the 

time those harmed are able seek review, 

the damage of the stay will have been 

done and the stay will have been lifted. 

My pessimistic outlook is that despite 

this order’s obvious infirmities, the 

Commission will avoid judicial scrutiny 

and thereby thwart the intent of 

Congress. 

For these reasons, I respectfully 

dissent. 

lllllllllllllllllll

James P. Danly, 

Commissioner. 

[FR Doc. 2021–16812 Filed 8–5–21; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2021–0162] 

Special Local Regulations; Marine 

Events Within the Fifth Coast Guard 

District 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation; change of enforcement date. 

SUMMARY: The Coast Guard will enforce 

the special local regulation for the 11th 

Annual Atlantic City Triathlon on 

August 7, 2021, from 6 a.m. through 9 

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

navigable waterways during this event. 

Our regulation for marine events within 

the Fifth Coast Guard District identifies 

the regulated area for this event in 

Atlantic City, NJ. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the Patrol 

Commander or any Official Patrol 

displaying a Coast Guard ensign. 

DATES: The regulation in 33 CFR 

100.501 for the special local regulation 

listed in item (a)(12) in the table to 

§ 100.501 will be enforced from 6 a.m. 

through 9 a.m. on August 7, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Petty Officer 

Jennifer Padilla, U.S. Coast Guard, 

Sector Delaware Bay, Waterways 

Management Division, telephone 215– 

271–4814, email Jennifer.L.Padilla@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation as described in section (a), 

row (12) of the table to 33 CFR 100.501 

for the 11th Annual Atlantic City 

Triathlon from 6 a.m. through 9 a.m. on 

August 7, 2021. The published 

enforcement periods for this event 

included the 2nd or 3rd Sunday in 

August. We are announcing a change of 

enforcement date for this year’s event 

with this notice of enforcement because 

August 7, 2021, is the first Saturday in 

August. This action is necessary to 

ensure safety of life on the navigable 

waters of the United States immediately 

prior to, during, and immediately after 

the swim portion of the triathlon. Our 

regulation for marine events within the 

Fifth Coast Guard District, table to 

§ 100.501, section (a), row (12), specifies 

the location of the regulated area as all 

waters of the New Jersey ICW bounded 

by a line connecting the following 

points: Latitude 39°21′20′′ N, longitude 

074°27′18′′ W, thence northeast to 

latitude 39°21′27.47′′ N, longitude 

074°27′10.31′′ W, thence northeast to 

latitude 39°21′33′′ N, longitude 

074°26′57′′ W, thence northwest to 

latitude 39°21′37′′ N, longitude 

074°27′03′′ W, thence southwest to 

latitude 39°21′29.88′′ N, longitude 

074°27′14.31′′ W., thence south to 

latitude 39°21′19′′ N, longitude 

074°27′22′′ W, thence east to latitude 

39°21′18.14′′ N, longitude 074°27′19.25′′ 

W, thence north to point of origin, near 

Atlantic City, NJ. 

During the enforcement periods, as 

reflected in § 100.501(c), if you are the 

operator of a vessel in the regulated area 

you must comply with directions from 

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 will provide notification of 

the enforcement periods via broadcast 

notice to mariners. 

Dated: July 29, 2021. 

Jonathan D. Theel, 

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

Port Delaware Bay. 

[FR Doc. 2021–16808 Filed 8–5–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0146] 

RIN 1625–AA08 

Special Local Regulation; Delaware 

Bay, Lower Township, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for certain navigable waters of the 

Delaware Bay. This action is necessary 

to provide safety of life on these 

navigable waters near Lower Township, 

NJ, during a swimming competition on 

August 29, 2021. This regulation 

prohibits persons and vessels from 

entering, transiting, or remaining within 

the regulated area unless authorized by 

the Captain of the Port Delaware Bay or 

a designated representative. 

DATES: This rule is effective from 6:30 

a.m. through 9:30 a.m. on August 29, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0146 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 Petty Officer Jennifer Padilla, U.S. 

Coast Guard, Sector Delaware Bay, 

Waterways Management Division; 

telephone 215–271–4814, email 

Jennifer.l.Padilla@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

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 


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