48302 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 

(d) Each person who pays, either 

directly or through another person, the 

annual fee set forth in paragraph (c) of 

this section, each person excepted 

under paragraph (c) of this section from 

paying the annual fee, and each person 

excepted from paying an annual fee 

under § 310.4(b)(1)(iii)(B), will be 

provided a unique account number that 

will allow that person to access the 

registry data for the selected area codes 

at any time for the twelve month period 

beginning on the first day of the month 

in which the person paid the fee (‘‘the 

annual period’’). To obtain access to 

additional area codes of data during the 

first six months of the annual period, 

each person required to pay the fee 

under paragraph (c) of this section must 

first pay $69 for each additional area 

code of data not initially selected. To 

obtain access to additional area codes of 

data during the second six months of 

the annual period, each person required 

to pay the fee under paragraph (c) of this 

section must first pay $35 for each 

additional area code of data not initially 

selected. The payment of the additional 

fee will permit the person to access the 

additional area codes of data for the 

remainder of the annual period. 

* * * * * 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2021–18263 Filed 8–27–21; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0431] 

RIN 1625–AA08 

Special Local Regulation; Tampa Bay, 

St. Petersburg, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for certain waters of Tampa Bay, St. 

Petersburg, FL. This action is necessary 

to provide for the safety of race 

participants, participant vessels, 

spectators, and the general public on 

these navigable waters near the St. 

Petersburg Pier during the St. Pete 

Powerboat Grand Prix boat race. This 

rule will establish an enforcement area 

where all persons and vessels, except 

those persons and vessels participating 

in the high speed boat race, are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area without 

obtaining permission from the Captain 

of the Port St. Petersburg or a designated 

representative. 

DATES: This rule is effective daily from 

8 a.m. until 7 p.m. each day from 

September 3, 2021, through September 

5, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0431 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 Marine Science Technician First 

Class Michael Shackleford, U.S. Coast 

Guard Sector St. Petersburg Prevention 

Department; telephone 813–228–2191, 

email Michael.D.Shackleford@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 it is 

impracticable. Immediate action is 

needed to protect persons and property 

from the potential safety hazards 

associated with the power boat race. 

The NPRM process would delay the 

establishment of the temporary special 

local regulation until after the date of 

the event and compromise public safety. 

We must establish this temporary 

special local regulation immediately 

and lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the 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 the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the 

power boat race. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70041. The 

Captain of the St. Petersburg (COTP) has 

determined that potential hazards 

associated with the St. Pete Powerboat 

Grand Prix, St. Petersburg, FL will be a 

safety concern for anyone within cetain 

waters adjacent to St. Petersburg Pier. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the 

regulated area during the event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

special local regulation daily from 8:00 

a.m. until 7:00 p.m. each day from 

September 3, 2021, through Septenber 5, 

2021. The temporary special local 

regulation will establish an enforcement 

area where designated representatives 

may control vessel traffic as determined 

by the prevailing conditions. The 

enforcement area will cover all 

navigable waters of Tampa Bay near the 

St. Petersburg Pier inside an area 

commencing at latitude 27°46′56′′ N, 

082°36′56′′ W, thence to position 

27°47′9′′ N, 082°34′33′′ W, thence to 

position 27°46′7′′ N, 082°34′29′′ W, 

thence to position 27°45′59′′ N, 

082°37′3′′ W, thence to position 

27°46′24′′ N, 082°37′30′′ W, thence back 

to the original position, 27°46′56′′ N, 

082°36′56′′ W. 

Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area by contacting the COTP 

St. Petersburg by telephone at (727) 

824–7506, or a designated 

representative via VHF radio on channel 

16. If authorization to enter, transit 

through, anchor in, or remain within the 

regulated area is granted by the COTP 

St. Petersburg or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP St. Petersburg or a designated 

representative. The Coast Guard will 

provide notice of the temporary special 

local regulation by Local Notice to 

Mariners, Broadcast Notice to Mariners, 

and/or on-scene designated 

representatives. 


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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 48303 

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 following reasons: (1) 

The special local regulation would be 

enforced in a small designated area off 

of the St. Petersburg Pier for only eleven 

hours on three days; (2) although 

persons and vessels may not enter, 

transit through, anchor in, or remain 

within the regulated area without 

authorization from the COTP St. 

Petersburg or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the 

regulated area during the enforcement 

period if authorized by the COTP St. 

Petersburg or a designated 

representative; and (4) the Coast Guard 

will provide advance notification of the 

special local regulation to the local 

maritime community by Local Notice to 

Mariners and/or Broadcast 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). 

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 the 

establishment of a temporary special 

local regulation related to organized 

marine events lasting 11 hours each day 

for a total of three days. It is 

categorically excluded from further 

review under paragraph L(61) 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 100 

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 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 


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48304 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T07–0431 to read as 

follows: 

§ 100.T07–0431 Special Local Regulations; 

St. Pete Powerboat Grand Prix, Tampa Bay; 

St. Petersburg, FL. 

(a) Location. The following regulated 

area is a special local regulation: All 

waters of Tampa Bay contained within 

the following points: 27°46′56′′ N, 

082°36′56′′ W, thence to position 

27°47′9′′ N, 082°34′33′′ W, thence to 

position 27°46′7’’, N, 082°34′29′′ W, 

thence to position 27°45′59′′ N, 

082°37′3′′ W, thence to position 

27°46′24’’, N, 082°37′30′′ W, thence back 

to the original position, 27°46′56′′ N, 

082°36′56′′ W. All coordinates are North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

COTP St. Petersburg in the enforcement 

of the regulated areas. 

(c) Regulations. (1) All nonparticipant persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the race area unless an 

authorized by the COTP St. Petersburg 

or a designated representative. 

(2) Designated representatives may 

control vessel traffic throughout the 

enforcement area as determined by the 

prevailing conditions. 

(3) Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated areas by contacting the COTP 

St. Petersburg by telephone at (727) 

824–7506, or a designated 

representative via VHF radio on channel 

16. If authorization is granted, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP St. Petersburg 

or a designated representative. 

(4) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners and/or Broadcast 

Notice to Mariners. 

(d) Enforcement period. This rule will 

be enforced daily from 8 a.m. until 7 

p.m., on September 3, 2021 through 

September 5, 2021. 

Dated: August 24, 2021. 

Matthew A. Thompson, 

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

Port St. Petersburg. 

[FR Doc. 2021–18639 Filed 8–27–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0670] 

Safety Zones; Oregon Symphony 

Concert Fireworks, Willamette River, 

Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone regulation for the Oregon 

Symphony Concert Fireworks in 

Portland, OR on the Willamette River. 

This action is necessary to provide for 

the safety of life on navigable waters 

during fireworks displays. During the 

enforcement period, entry into, transit 

through, mooring, or anchoring within 

the safety zone is prohibited unless 

authorized by the Captain of the Port 

Sector Columbia River or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.1315 will be enforced for the safety 

zone identified in the SUPPLEMENTARY

INFORMATION section below from 8:30 

p.m. to 11 p.m. on September 4, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LCDR Sean 

Morrison, Waterways Management 

Division, Marine Safety Unit Portland, 

Coast Guard; telephone 503–240–9319, 

email D13–SMB–MSUPortlandWWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a safety zone for the 

Oregon Symphony Concert Fireworks 

display found in 33 CFR 165.1315 in 

Portland, OR from 8:30 p.m. to 11 p.m. 

on September 4, 2021, on the 

Willamette River between Hawthorne 

Bridge and Marquam Bridge. The safety 

zone will include all navigable waters 

within 500 yards around the fireworks 

barge location of approximately 

45°30′42′′ N; 122°40′14′′ W. 

The special requirements listed in 33 

CFR 165.1315 apply to the activation 

and enforcement of the safety zone. All 

vessel operators who desire to enter the 

safety zone must obtain permission from 

the Captain of the Port or their 

Designated Representative by contacting 

either the on-scene patrol craft on VHF 

CH 13 or CH 16 or the Coast guard 

Sector Columbia River Command Center 

via telephone at 503–861–6211. The 

Coast Guard may be assisted by other 

Federal, State, or local law enforcement 

agencies in enforcing of the safety zone. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide the 

maritime community with extensive 

advanced notification of enforcement of 

the safety zone via the Local Notice to 

Mariners. 

M. Scott Jackson, 

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

Port Columbia River. 

[FR Doc. 2021–18571 Filed 8–27–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0601] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone located in federal 

regulations for the Cleveland National 

Airshow. This action is necessary and 

intended for the safety of life and 

property on navigable waters during this 

event. During each enforcement period, 

no person or vessel may enter the safety 

zone without the permission of the 

Captain of the Port Buffalo. 

DATES: The regulations in 33 CFR Table 

165.939(d)(2) will be enforced from 8:30 

a.m. through 6 p.m. from September 2, 

2021, through September 6, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST2 Natalie 

Smith, Waterways Management 

Division, U.S. Coast Guard Marine 

Safety Unit Cleveland; telephone 216– 

937–6004, email D09-SMBMSUCLEVELAND-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in 33 CFR 165.939 Table (d)(2) for the 

Cleveland National Airshow daily from 

8:30 a.m. to 6 p.m. September 02, 2021, 

through September 06, 2021. This action 

is being taken to provide for the safety 

of life on navigable waterways during 

this multi-day event. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or her 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 


khammond on DSKJM1Z7X2PROD with RULES