Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations 45647 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the COTP to act on his behalf. 

Event Patrol Commander or Event 

PATCOM means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Maryland-National Capital Region. 

Official patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

Participant means all persons and 

vessels registered with the event 

sponsor as participating in the 

‘‘Southern Maryland Boat Club Piney 

Point Regatta’’ event, or otherwise 

designated by the event sponsor as 

having a function tied to the event. 

Race area is an area described by a 

line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of a race area within the 

regulated area defined by this section. 

Spectator means a person or vessel 

not registered with the event sponsor as 

participants or assigned as official 

patrols. 

Spectator area is an area described by 

a line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of a spectator area within the 

regulated area defined by this part. 

(c) Special local regulations. (1) The 

COTP Maryland-National Capital 

Region or Event PATCOM may forbid 

and control the movement of all vessels 

and persons, including event 

participants, in the regulated area 

described in paragraph (a)(1) of this 

section. When hailed or signaled by an 

official patrol, a vessel or person in the 

regulated area shall immediately 

comply with the directions given by the 

patrol. Failure to do so may result in the 

Coast Guard expelling the person or 

vessel from the area, issuing a citation 

for failure to comply, or both. The COTP 

Maryland-National Capital Region or 

Event PATCOM may terminate the 

event, or a participant’s operations at 

any time the COTP Maryland-National 

Capital Region or Event PATCOM 

believes it necessary to do so for the 

protection of life or property. 

(2) Except for participants and vessels 

already at berth, a person or vessel 

within the regulated area at the start of 

enforcement of this section must 

immediately depart the regulated area. 

(3) A spectator must contact the Event 

PATCOM to request permission to 

either enter or pass through the 

regulated area. The Event PATCOM, and 

official patrol vessels enforcing this 

regulated area, can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz) and channel 22A (157.1 

MHz). If permission is granted, the 

spectator must enter the designated 

Spectator Area or pass directly through 

the regulated area as instructed by Event 

PATCOM. A vessel within the regulated 

area must operate at safe speed that 

minimizes wake. A spectator vessel 

must not loiter within the navigable 

channel while within the regulated area. 

(4) Only participant vessels and 

official patrol vessels are allowed to 

enter and remain within the race area. 

(5) Only participant vessels and 

official patrol vessels are allowed to 

enter and transit directly through the 

buffer area in order to arrive at or depart 

from the race area. 

(6) A person or vessel that desires to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from the COTP Maryland-National 

Capital Region or Event PATCOM. A 

person or vessel seeking such 

permission can contact the COTP 

Maryland-National Capital Region at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) or the Event PATCOM 

on Marine Band Radio, VHF–FM 

channel 16 (156.8 MHz). 

(7) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event dates and times. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 7:30 a.m. to 5 p.m. 

on October 2, 2021, and from 7:30 a.m. 

to 5 p.m. on October 3, 2021. 

Dated: August 10, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–17442 Filed 8–13–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0617] 

Safety Zones; Annual Events 

Requiring Safety Zones in the Captain 

of the Port Lake Michigan Zone— 

Chicago Air and Water Show 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Chicago Air and 

Water Show on a portion of Lake 

Michigan, from August 20, 2021 through 

August 22, 2021. This action is intended 

to protect the safety of life on the 

navigable waterway immediately before, 

during, and after this event. During the 

enforcement period listed below, no 

vessel may transit this safety zone 

without approval from the Captain of 

the Port Lake Michigan or a designated 

representative. 

DATES: The regulations in 33 Code of 

Federal Regulations (CFR) 165.929 

Table 1 Event (16) will be enforced for 

the Chicago Air and Water Show from: 

9 a.m. through 3 p.m. on August 20, 

2021, and from 11 a.m. to 4 p.m. on both 

August 21, 2021, and August 22, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Chief Petty 

Officer Michael Salviati, Marine Safety 

Unit Chicago, U.S. Coast Guard; 

telephone: 630–986–2155, email: 

Michael.C.Salviati@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone; 

Chicago Air and Water Show listed in 

33 Code of Federal Regulations (CFR) 

165.929 Table (1) Event (16). Section 

165.929 lists many annual events 

requiring safety zones in the Captain of 

the Port Lake Michigan zone. This safety 

zone encompasses all waters and 

adjacent shoreline of Lake Michigan and 

Chicago Harbor bounded by a line 

drawn from 41°55.900′ N at the 

shoreline, then east to 41°55.900′ N, 

087°37.200′ W, then southeast to 

41°54.000′ N, 087°36.000′ W, then 

southwestward to the northeast corner 

of the Jardine Water Filtration Plant, 

then due west to the shore. This safety 

zone will be enforced from 9 a.m. 

through 3 p.m. on August 20, 2021; and 

from 11 a.m. through 4 p.m. on both 

August 21, 2021, and August 22, 2021. 

All vessels must obtain permission 

from the Captain of the Port Lake 

Michigan, or his or her designated onscene representative to enter, move 

within, or exit this safety zone during 

the enforcement times listed in this 

notice of enforcement. Requests must be 

made in advance and approved by the 

Captain of the Port before transits will 

be authorized. Approvals will be 

granted on a case-by-case basis. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port Lake Michigan or a designated onscene representative. 


lotter on DSK11XQN23PROD with RULES1
45648 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations 

This notice of enforcement is issued 

under authority of 33 CFR 165.929, 

Safety Zones; Annual events requiring 

safety zones in the Captain of the Port 

Lake Michigan zone, and 5 U.S.C. 

552(a). In addition to this publication in 

the Federal Register, the Coast Guard 

will provide the maritime community 

with advance notification of this 

enforcement period via Broadcast 

Notice to Mariners and Local Notice to 

Mariners. The Captain of the Port Lake 

Michigan or a designated on-scene 

representative may be contacted via 

VHF Channel 16 or (414) 747–7182. 

Dated: August 10, 2021. 

Donald P. Montoro, 

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

Port, Lake Michigan. 

[FR Doc. 2021–17422 Filed 8–13–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0553] 

RIN 1625–AA00 

Safety Zone; Swim for Alligator 

Lighthouse, Islamorada, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

certain navigable waters near 

Islamorada, Florida, during the Swim 

for Alligator Lighthouse open water 

swim event. A permanent safety zone 

exists for this event; however, for this 

year’s event the date has changed. This 

temporary safety zone is a short-term 

modification of the existing permanent 

safety zone, due to a change in the date 

for this year’s event. The safety zone is 

necessary to ensure the safety of event 

participants and spectators. Persons and 

non-participant vessels are prohibited 

from entering, transiting through, 

anchoring in, or remaining within the 

safety zone unless authorized by the 

Captain of the Port (COTP) Key West or 

a designated representative. 

DATES: This rule is effective from 7:30 

a.m. until 4 p.m. on September 11, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2021– 

0553 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 Ensign Vera Max, Waterways 

Management Division Chief, Sector Key 

West, FL, U.S. Coast Guard; telephone 

(305) 292–8768; e-mail 

SKWWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port 

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 final 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 and contrary to the public 

interest. The Coast Guard did not 

receive necessary information from the 

event sponsor for this year’s event until 

July 10, 2021. The Coast Guard has an 

existing safety zone for this event in 33 

CFR 165.786, Table to § 165.786, Line 

No. 9.1; however, the existing regulation 

only covers the event when it is 

scheduled on the third Saturday of 

September. 

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 

because the event is taking place on 

September 11, 2021, and immediate 

action is needed to respond to the 

potential safety hazards associated with 

this event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under the authority in 46 U.S.C. 70034. 

The Captain of the Port Key West 

(COTP) has determined that potential 

hazards associated with open water 

swim events will be a safety concern for 

persons and vessels in the regulated 

area. This rule is needed to ensure the 

safety of the event participants, the 

general public, vessels and the marine 

environment in the navigable waters 

within the safety zone during the Swim 

for Alligator Lighthouse open water 

swim event. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

September 11, 2021, for a period of 9 

hours, from 7:30 a.m. to 4 p.m. The 

safety zone will cover all waters of the 

Atlantic Ocean beginning at a point 

Latitude 24°54.82′ N, longitude 

080°38.03′ W, thence to latitude 

24°54.36′ N, longitude 080°37.72′ W, 

thence to latitude 24°51.07′ N, longitude 

080°37.14′ W, thence to latitude 

24°54.36′ N, longitude 080°37.72′ W, 

thence to point of origin at latitude 

24°54.82′ N, longitude 080°38.03′ W. 

The event course begins and ends at 

Amara Cay Resort in Islamorada, 

Florida, and extends through Hawks 

Channel, with a turnaround at Alligator 

Reef Lighthouse. Approximately 400 

swimmers with kayak escorts and eight 

safety vessels are anticipated to 

participate in the event. The size and 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters during the open water swim. 

Persons and non-participant vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone without obtaining 

permission from the COTP Key West or 

a designated representative. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the COTP Key West 

or a designated representative, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP Key West or a 

designated representative. The Coast 

Guard will provide notice of the safety 

zone by Local Notice to Mariners, 

Broadcast Notice to Mariners, or by onscene designated representatives. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 


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