45862 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 

eliminate a policy of imposing the 

maximum permissible term of 

supervised release as a consequence of 

the revocation of an earlier supervised 

release term for offenders sentenced 

under the D.C. Code. 

DATES: This regulation is effective 

August 17, 2021. Comments due on or 

before September 16, 2021. 

ADDRESSES: Submit your comments, 

identified by docket identification 

number USPC–2021–01 by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

2. Mail: Office of the General Counsel, 

U.S. Parole Commission, attention: 

USPC Rules Group, 90 K Street NE, 

Washington, DC 20530. 

FOR FURTHER INFORMATION CONTACT: 

Helen H. Krapels, General Counsel, U.S. 

Parole Commission, 90 K Street NE, 

Third Floor, Washington, DC 20530, 

telephone (202) 346–7030. Questions 

about this publication are welcome, but 

inquiries concerning individual cases 

cannot be answered over the telephone. 

SUPPLEMENTARY INFORMATION: Since 

2000, the Commission has maintained a 

general policy at 28 CFR 2.218(e), that 

it would impose the maximum 

permissible term of supervised release 

as a consequence of the revocation of an 

earlier supervised release term for 

offenders sentenced under the D.C. 

Code. The policy was based on the 

judgment that, for most cases, a 

supervised release violator has, by 

virtue of committing violations that are 

serious enough to justify revocation, 

shown the need for further supervision 

to the limits allowed by law. 

Based upon its experience with the 

D.C. Code sentenced supervised 

releasees for over 20 years, the 

Commission has determined that this 

policy should be repealed. Under the 

reviewed regulation the Commission 

will retain the discretion to impose the 

maximum permissible term when it 

finds that the offender would benefit 

from a lengthier period of supervision, 

but there will no longer be a policy 

guiding that decision. 

The Commission is promulgating this 

rule as an interim rule and is providing 

a 30-day period for public comment. 

The revised rule will take effect upon 

publication in the Federal Register. 

Executive Orders 12866 and 13563 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulation Planning and 

Review,’’ section 1(b), Principles of 

Regulation, and in accordance with 

Executive Order 13565, ‘‘Improving 

Regulation and Regulatory Review,’’ 

section 1(b), General Principles of 

Regulation. The Commission has 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review, and 

accordingly this rule has not been 

reviewed by the Office of Management 

and Budget. 

Executive Order 13132 

This rule will not have substantial 

direct effects 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. Under Executive 

Order 13132, this rule does not have 

sufficient federalism implications 

requiring a Federalism Assessment. 

Regulatory Flexibility Act 

This rule will not have a significant 

economic impact upon a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 605(b). 

Unfunded Mandates Reform Act of 

1995 

This rule will not cause State, local, 

or tribal governments, or the private 

sector, to spend $100,000,000 or more in 

any one year, and they will not 

significantly or uniquely affect small 

governments. No action under the 

Unfunded Mandates Reform Act of 1995 

is necessary. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (Subtitle E– 

Congressional Review Act) 

This rule is not a ‘‘major rule’’ as 

defined by Section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 Subtitle E– 

Congressional Review Act, now codified 

at 5 U.S.C. 804(2). This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on the ability 

of United States-based companies to 

compete with foreign-based companies. 

Moreover, this is a rule of agency 

practice or procedure that does not 

substantially affect the rights or 

obligations of non-agency parties, and 

does not come within the meaning of 

the term ‘‘rule’’ as used in Section 

804(3)(C), now codified at 5 U.S.C. 

804(3)(C). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 28 CFR Part 2 

Administrative practice and 

procedure, Prisoners, Probation and 

Parole. 

The Interim Rule 

Accordingly, the U. S. Parole 

Commission amends 28 CFR part 2 as 

follows: 

PART 2—[AMENDED] 

■ 1. The authority citation for 28 CFR 

part 2 continues to read as follows: 

Authority: 18 U.S.C. 4203(a)(1) and 

4204(a)(6). 

■ 2. Revise § 2.218(e) to read as follows: 

§ 2.218 Revocation decisions. 

* * * * * 

(e) If the Commission imposes a new 

term of imprisonment that is equal to 

the maximum term of imprisonment 

authorized by law or, in the case of a 

subsequent revocation, that uses up the 

remainder of the maximum term of 

imprisonment by law, the Commission 

may not impose a further term of 

supervised release. 

* * * * * 

Patricia K. Cushwa, 

Chairman (Acting), U.S. Parole Commission. 

[FR Doc. 2021–16447 Filed 8–16–21; 8:45 am] 

BILLING CODE 4410–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0652] 

RIN 1625–AA00 

Safety Zone; Lake Michigan Filming 

Event, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

encompassing all navigable waters on 

Lake Michigan within a small area near 

the northeast corner of Navy Pier in 

Chicago, Illinois. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by a filming 

event. Mariners are urged to use caution 

when transiting the area and to stay east 

of the marine event. During the 

enforcement period listed below, entry 

into, transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 


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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 45863 

Lake Michigan or a designated 

representative. 

DATES: This rule is effective from 7 a.m. 

through 8 p.m. on August 17, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0652 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 James Fortin, Marine Safety 

Unit Chicago, U.S. Coast Guard; 

telephone: (630) 986–2155, email: D09- 

DG-MSUChicago-Waterways@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 doing 

so would be impracticable. The Coast 

Guard did not receive the final details 

for this event until there was 

insufficient time remaining before the 

event to publish a NPRM. Thus, 

delaying the effective date of this rule to 

wait for a comment period to run would 

be impracticable because it would 

inhibit the Coast Guard’s ability to 

protect the public and vessels from the 

hazards associated with the filming 

event occurring on August 17, 2021. 

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. For the same reasons 

discussed in the preceeding paragraph, 

waiting for a 30-day notice period to run 

would be impracticable. 

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). From 7 a.m. 

through 8 p.m. on August 17, 2021, a 

filming event involving floating debris 

will take place on Lake Michigan near 

the northeast corner of Navy Pier in 

Chicago, Illinois. The Captain of the 

Port Lake Michigan has determined that 

the floating debris will pose a 

significant risk to public safety and 

property. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone while the filming 

event is taking place. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 7 a.m. through 8 p.m. 

on August 17, 2021. The safety zone 

will encompass all navigable waters on 

Lake Michigan within a rectangle 

bounded by a line drawn beginning at 

the northeast corner of Navy Pier, then 

extending north 150 feet, then 500 feet 

west, then 150 feet south, then east back 

to the point of origin. The duration of 

the zone is intended to protect 

personnel, vessels, and the marine 

environment on the navigable waters of 

Lake Michigan. Mariners are urged to 

use caution when transiting the area and 

are urged to stay north of the marine 

event. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

Captain of the Port Lake Michigan or a 

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 

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 and duration of the 

safety zone. Local industry partners in 

the area have been notified of the 

marine event and have been made aware 

that traffic must stay north of the marine 

event. Moreover, the Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM Channel 16, on scene 

designated representatives notifying 

boaters of the regulated area, and Local 

Notice to Mariners. 

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 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). 


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45864 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 

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 safety 

zone lasting 13 hoursencompassing all 

navigable waters on Lake Michigan 

within a rectangle bounded by a line 

drawn near the northeast corner of Navy 

Pier in Chicago, Illinois. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 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 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 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, 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.T09–065 to read as 

follows: 

§ 165.T09–0652 Safety Zone; Lake 

Michigan, Chicago, IL. 

(a) Location. The following area is a 

safety zone: All navigable waters on 

Lake Michigan within a rectangle 

bounded by a line drawn betinning at 

the northeast corner of Navy Pier, then 

extending north 150 feet, then 700 feet 

west, then 150 feet south, then east back 

to the point of origin. 

(b) Enforcement period. The safety 

zone will be regulated as described in 

paragraph (a) is effective from 7 a.m. 

through 8 p.m. on August 17, 2021. 

(c) Definitions. As used in this 

section, ‘‘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 (COTP) Lake Michigan in the 

enforcement of the safety zone. 

(d) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

COTP or a designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone at 414–747– 

7190 or a designated representative via 

VHF–FM radio on Channel 16, to 

request authorization. Those in the 

safety zone must comply with all lawful 

orders or directions given to them by the 

COTP or the COTP’s designated 

representative. 

Dated: August 11, 2021. 

Donald P. Montoro, 

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

Port, Lake Michigan. 

[FR Doc. 2021–17616 Filed 8–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

Docket Number USCG–2021–0610 

RIN 1625–AA00 

Safety Zone, Recurring Events in 

Captain of the Port Duluth—Bridgefest 

Regatta Fireworks 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Bridgefest Regatta 

Fireworks in Houghton, MI. This action 

is necessary to protect participants and 

spectators during the Bridgefest Regatta 

Fireworks. During the enforcement 

period, entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port Duluth or their 

designated on-scene representative. 

DATES: This rule is effective from 9:15 

p.m. through 9:45 p.m. on September 4, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0610 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 about this notice of 

enforcement, call or email LTJG Joseph 

R. McGinnis, telephone 218–725–3818, 

email DuluthWWM@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 


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