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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations 45649 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration 

and available exceptions to the 

enforcement of the safety zone. The 

regulated area will impact small 

designated areas of the Atlantic Ocean 

between Islamorada, Florida, and the 

Alligator Reef Lighthouse for only 9 

hours and thus is limited in time and 

scope. Furthermore, the rule will allow 

vessels to seek permission to enter the 

zone. Non-participant persons and 

vessels may enter, transit through, 

anchor in, or remain within the 

regulated area during the enforcement 

periods if authorized by the COTP or a 

designated representative. Vessels not 

able to enter, transit through, anchor in, 

or remain within the regulated area 

without authorization from the COTP or 

a designated representative may operate 

in the surrounding areas during the 9 

hour enforcement period. The Coast 

Guard will issue a Local Notice to 

Mariners and a Broadcast Notice to 

Mariners, allowing mariners to make 

alternative plans or seek permission to 

transit the zone. 

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. 

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 contact 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact 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 rule 

will not result in such 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 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. The regulated area will 

impact small designated areas of the 

Atlantic Ocean between Islamorada, 

Florida and the Alligator Reef 

Lighthouse for only 9 hours and thus is 

limited in time and scope. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01. 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 contact 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, 

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; 46 U.S.C. 

70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 

160.5; Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Add § 165.T07–0553 to read as 

follows: 


lotter on DSK11XQN23PROD with RULES1
45650 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations 

§ 165.T07–0553 Safety Zone; Swim for 

Alligator Lighthouse, Islamorada, FL. 

(a) Location. The following regulated 

area is a safety zone: 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, extending through Hawks 

Channel with a turnaround point at 

Alligator Reef Lighthouse. All 

coordinates are North American Datum 

1983. 

(b) Definition. As used in this section, 

the term ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Key West (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the COTP Key 

West or a designated representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the COTP Key West by 

telephone at (305) 292–8772, or a 

designated representative via VHF–FM 

radio on channel 16 to request 

authorization. If authorization is 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Key West or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners via VHF–FM channel 16, or 

the COTP’s designated representative. 

(d) Enforcement period. This rule will 

be enforced from 7:30 a.m. until 4 p.m. 

on September 11, 2021. 

Dated: August 10, 2021. 

A. Chamie, 

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

Port Key West. 

[FR Doc. 2021–17481 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- 2021–0662] 

Safety Zone; San Francisco Giants 

Fireworks Display, San Francisco Bay, 

San Francisco, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for the San Francisco 

Giants Fireworks Display in the Captain 

of the Port, San Francisco area of 

responsibility during the dates and 

times noted below. This action is 

necessary to protect life and property of 

the maritime public from the hazards 

associated with the fireworks display. 

During the enforcement period, 

unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety zone, 

unless authorized by the Patrol 

Commander (PATCOM), any Official 

Patrol displaying a Coast Guard ensign, 

or other federal, state, or local law 

enforcement agencies on scene to assist 

the Coast Guard in enforcing the 

regulated area. 

DATES: The regulations in 33 CFR 

165.1191 for the location in Table 1 to 

§ 165.1191, Item number 1, will be 

enforced from 10 a.m. until 11:30 p.m. 

on August 13, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Anthony Solares, 

Waterways Management, U.S. Coast 

Guard Sector San Francisco; telephone 

(415) 399–3585, email SFWaterways@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.1191, Table 1, Item number 1, 

for the San Francisco Giants Fireworks 

Display from 10 a.m. until 11:30 p.m. on 

August 13, 2021. The safety zone will 

extend to all navigable waters of the San 

Francisco Bay, from surface to bottom, 

within a circle formed by connecting all 

points 100 feet out from the fireworks 

barge during the loading, transit, and 

arrival of the fireworks barge from the 

loading location to the display location 

and until the start of the fireworks 

display. From 10 a.m. until 8 p.m. on 

August 13, 2021, the fireworks barge 

will be loading pyrotechnics from Pier 

50 in San Francisco, CA. The fireworks 

barge will remain at the loading location 

until its transit to the display location. 

From 8:30 p.m. to 8:45 p.m. on August 

13, 2021 the loaded fireworks barge will 

transit from Pier 50 to the launch site 

near Pier 48 in approximate position 

37°46′36′′ N, 122°22′56′′ W (NAD 83) 

where it will remain until the 

conclusion of the fireworks display. 

Upon the commencement of the 10 

minute fireworks display, scheduled to 

begin at the conclusion of the baseball 

game, between approximately 9:30 p.m. 

and 10:30 p.m. on August 13, 2021, the 

safety zone will increase in size and 

encompass all navigable waters of the 

San Francisco Bay, from surface to 

bottom, within a circle formed by 

connecting all points 700 feet out from 

the fireworks barge near Pier 48 in 

approximate position 37°46′36′′ N, 

122°22′56′′ W (NAD 83). This safety 

zone will be in enforced from 10 a.m. 

until 11:30 p.m. on August 13, 2021, or 

as announced via Broadcast Notice to 

Mariners. 

Under the provisions of 33 CFR 

165.1191, unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or anchoring in 

the safety zone during all applicable 

effective dates and times, unless 

authorized to do so by the PATCOM or 

other Official Patrol, defined as a 

federal, state, or local law enforcement 

agency on scene to assist the Coast 

Guard in enforcing the safety zone. 

During the enforcement period, if you 

are the operator of a vessel in one of the 

safety zones you must comply 

directions from the Patrol Commander 

or other Official Patrol. The PATCOM or 

Official Patrol may, upon request allow 

the transit of commercial vessels 

through regulated areas when it is safe 

to do so. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners. 

If the Captain of the Port determines 

that the regulated area need not be 

enforced for the full duration stated in 

this notice, a Broadcast Notice to 

Mariners may be used to grant general 

permission to enter the regulated area. 

Dated: August 11, 2021. 

Taylor Q. Lam, 

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

Port, San Francisco. 

[FR Doc. 2021–17521 Filed 8–11–21; 4:15 pm] 

BILLING CODE 9110–04–P 


lotter on DSK11XQN23PROD with RULES1