44606 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

6The extent to which the amendment was a 

clarification was a point of disagreement at the time 

that the Commission adopted the amended rules in 

2020. 

7 5 U.S.C. 553(b)(A). 

8 5 U.S.C. 601–612. 

9 5 U.S.C. 553(d)(3). 

timely processing of any award claim 

arising from a covered Commission 

enforcement action that is successfully 

litigated using the claimant’s same 

original information. 

B. Exchange Act Rule 21F–6 

With respect to Rule 21F–6, the 

Commission at the time it adopted the 

2020 rulemaking amendments 

explained that the amendment in 

question was a clarification of 

discretionary authority the Commission 

already possessed.6 The Commission 

anticipates that, going forward, it will 

continue its practice of considering 

dollar amounts only in connection with 

provisions of the rules that explicitly 

contemplate the use of such discretion 

to raise awards (i.e., law enforcement 

interest prong of 21F–6(a)(3) and the 

application of the presumption 

embodied in Rule 21F–6(c)). In the 

unlikely event that the staff or the 

Commission should consider deviating 

from this practice, the staff will inform 

the claimant that such action is being 

considered. The claimant may then 

request that the matter be held in 

abeyance during the Interim PolicyReview Period. 

III. Other Matters 

Publication for notice and comment is 

not required under the Administrative 

Procedure Act (‘‘APA’’) pursuant to the 

exemption for agency rules of 

organization, procedure, or practice.7 It 

follows that the requirements of the 

Regulatory Flexibility Act do not 

apply.8 The effective date is August 13, 

2021. In accordance with the APA,9 we 

find that there is good cause to establish 

an effective date less than 30 days after 

publication. The Commission believes 

that establishing an effective date less 

than 30 days after publication of this 

document is necessary to clarify how 

the SEC will proceed when addressing 

certain issues under Exchange Act Rule 

21F–3(b)(3) and Exchange Act Rule 

21F–6 while the staff is preparing and 

the Commission is considering potential 

amendments to those rules. 

The Commission has determined that 

the foregoing relates only to agency 

procedures and does not substantially 

affect the rights or obligations of nonagency parties. The foregoing is 

therefore not a ‘‘rule’’ under the 

Congressional Review Act, 5 U.S.C. 

804(3)(C). 

Finally, the Commission has adopted 

the foregoing under the authority set 

forth in Sections 3(b), 21F, and 23(a) of 

the Exchange Act. 

By the Commission. 

Dated: August 5, 2021. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2021–17019 Filed 8–12–21; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0598] 

RIN 1625–AA08 

Special Local Regulation; Cumberland 

River, Ashland City, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for navigable waters on the 

Cumberland River. The special local 

regulation is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the Riverbluff Triathlon 

marine event. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Ohio Valley. 

DATES: This rule is effective on August 

29, 2021 from 6 a.m. to 10 a.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0598 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 Petty Officer Third Class 

Benjamin Gardner, Marine Safety 

Detachment Nashville, U.S. Coast 

Guard; telephone 615–736–5421, email 

Benjamin.t.gardner@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

MM Mile Marker 

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 it is 

impracticable. We must establish this 

regulation by August 29, 2021 and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing this rule. 

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 contrary to public 

interest because immediate action is 

needed to ensure the safety of the 

participants and vessels during the 

Riverbluff Triathlon. It is impracticable 

to publish an NPRM because we must 

establish this special local regulation by 

August 29, 2021. 

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 

Captain of the Port Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with Riverbluff 

Triathlon on August 29, 2021, will be a 

safety concern from MM 157.0 to MM 

159.0 of the Cumberland River for 4 

hours. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the special local regulation while 

the event is taking place. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from MM 157.0 to MM 159.0 

on the Cumberland River. The safety 

zone will be in effect on August 29, 

2021 from 6 a.m. to 10 a.m.. The 

duration of the zone is intended to 

protect participants, and the marine 

environment in these navigable waters 

while the Riverbluff Triathlon is taking 

place. No vessel or person will be 

permitted to enter the regulated area 

without obtaining permission from the 

COTP or a designated representative. 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 44607 

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. 

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, duration, 

and the time-of-day of the special local 

regulation. Vessel traffic will be able to 

safely transit around the this special 

local regulation which would impact a 

small designated area of the 

Cumberland River before or after the 

time of the event. Moreover the Coast 

Guard will issue a Broadcast the 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule would 

allow vessels to seek permission to enter 

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 regulated 

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 a 

special local regulation lasting only 4 

hours that will prohibit entry within a 

2 mile segment of the Cumberland 

River. It is categorically excluded from 

further review under paragraph [L61] 

and [L63a] of Appendix A, Table 1 of 

DHS Instruction Manual 023–01–001– 

01, Rev. 1. 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 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. Add § 100.T08–0598 to read as 

follows: 

§ 100.T08–0275 Cumberland River MM 157 

to MM 159, Ashland City, TN. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

all waters of the Cumberland River from 

MM 157.0 to 159.0. 

(b) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 


jbell on DSKJLSW7X2PROD with RULES
44608 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

section unless authorized by the Captain 

of the Port Sector Ohio Valley or their 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by phone at 1–800–253– 

7465. Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners. 

(d) Enforcement period. This section 

will be enforced on August 29, 2021, 

from 6 a.m. to 10 a.m. 

Dated: August 5, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–17354 Filed 8–12–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0608] 

RIN 1625–AA00 

Temporary Safety Zone; Ferdon 

Wedding Fireworks Display, Harbor 

Springs, MI; Sector Sault Sainte Marie 

Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 250-foot 

radius of a fireworks display off shore 

near Little Harbor Club in Harbor 

Springs, MI. The safety zone is needed 

to protect personnel, vessels, and the 

marine environment from potential 

hazards created by fireworks diplay. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sault Sainte Marie or a designated 

representative. 

DATES: This rule is effective from 6 p.m. 

through 11:59 p.m. on August 28, 2021. 

It will be enforced from 8 p.m. through 

10 p.m. on that day. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0608 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 LT Deaven Palenzuela, U.S. Coast 

Guard Sector Sault Sainte Marie 

Waterways Management, U.S. Coast 

Guard; telephone 906–635–3223, email 

ssmprevention@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 the 

event sponsor notified the Coast Guard 

with insufficient time to accommodate 

the comment period. Delaying the 

effective date of this rule would be 

contrary to the public interest and the 

rule’s objectives of protecting safety of 

life on the navigable waters, including 

protection of persons and vessels in 

vicinity of the fireworks display. It is 

impracticable to publish an NPRM 

because we must establish this safety 

zone by August 28, 2021. Delay of the 

effective date would inhibit the Coast 

Guard’s ability to protect spectators and 

vessels from the hazards associated with 

a fireworks display with an expected 

fall-out area over the water. 

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 action is needed to establish a 

safety zone in order to protect the public 

from the hazards associated with the 

fireworks display. 

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 

Captain of the Port Sault Sainte Marie 

(COTP) has determined that potential 

hazards associated with a fireworks 

display on August 28, 2021, will be a 

safety concern for anything within a 

250-foot radius of the navigable waters 

surrounding the fireworks launch site. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone during the fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone that will be enforced from 8 

p.m. through 10 p.m. on August 28, 

2021. The safety zone will cover all 

navigable waters within 250-feet of a 

fireworks display off shore Little Harbor 

Club in Harbor Springs, MI in position 

45°25′34.00′′ N 84°59′23.49′′ W. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in the safety zone 

proceeding, during and immediately 

after the fireworks display. 

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. 

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 size, location, duration, and 

time-of-day of the safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone which would 

impact a small designated area off shore 

Little Harbor Club. Moreover, the Coast 

Guard would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about 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 


jbell on DSKJLSW7X2PROD with RULES