Safety Zone; Cocos Lagoon, Merizo, GU, 31620-31622 [2021-12552]
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<![CDATA[
31620
Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations
years in the select period (the period
during which the select rate (the initial
rate) applies), an increase of 0.31
percent in the select rate, and an
increase of 0.55 percent in the ultimate
rate (the final rate).
Need for Immediate Guidance
PBGC has determined that notice of,
and public comment on, this rule are
impracticable, unnecessary, and
contrary to the public interest. PBGC
routinely updates the interest
assumptions in appendix B of the asset
allocation regulation each quarter so
that they are available to value benefits.
Accordingly, PBGC finds that the public
interest is best served by issuing this
rule expeditiously, without an
opportunity for notice and comment,
it
Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory
Affairs, Pension Benefit Guaranty
Corporation.
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
2. In appendix B to part 4044, an entry
for ‘‘July–September 2021’’ is added at
the end of the table to read as follows:
■
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
*
*
*
*
*
for t =
*
1–25
In FR Doc.
2021–12014 appearing on page 30537 in
the Federal Register of Wednesday,
June 9, 2021, the following correction is
made:
*
>25
0.0223
it
N/A
for t =
*
N/A
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0460]
RIN 1625–AA00
DEPARTMENT OF THE TREASURY
§ 50.4
31 CFR Part 50
■
Terrorism Risk Insurance Program;
Updated Regulations in Light of the
Terrorism Risk Insurance Program
Reauthorization Act of 2019, and for
Other Purposes; Correction
Departmental Offices,
Department of the Treasury.
ACTION: Final rule, technical correction.
AGENCY:
The Department of the
Treasury (Treasury) is correcting a final
rule that published on June 9, 2021. The
final rule implemented changes to the
Terrorism Risk Insurance Program rules
in response to the Terrorism Risk
Insurance Program Reauthorization Act
of 2019.
DATES: Effective July 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Richard Ifft, Senior Insurance
Regulatory Policy Analyst, Federal
Insurance Office, 202–622–2922,
Lindsey Baldwin, Senior Insurance
Regulatory Policy Analyst, Federal
Jkt 253001
*
0.0213
it
SUPPLEMENTARY INFORMATION:
BILLING CODE 7709–02–P
SUMMARY:
for t =
Insurance Office, 202–622–3220, or
Daniel McKnight, Policy Analyst, 202–
622–7009.
[FR Doc. 2021–12483 Filed 6–14–21; 8:45 am]
khammond on DSKJM1Z7X2PROD with RULES
1. The authority citation for part 4044
continues to read as follows:
■
The values of it are:
*
*
*
July–September 2021 ...........................................................
16:05 Jun 14, 2021
PART 4044—ALLOCATION OF
ASSETS IN SINGLE–EMPLOYER
PLANS
List of Subjects in 29 CFR Part 4044
Employee benefit plans, Pension
insurance, Pensions.
For
valuation dates
occurring in the
month—
VerDate Sep<11>2014
In consideration of the foregoing, 29
CFR part 4044 is amended as follows:
and that good cause exists for making
the assumptions set forth in this
amendment effective less than 30 days
after publication to allow the use of the
proper assumptions to estimate the
value of plan benefits for plans with
valuation dates early in the third quarter
of 2021.
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
[Corrected]
1. On page 30540, in the first column,
in § 50.4, in amendment 3, the
instruction ‘‘Amend § 50.4 by revising
paragraphs (b)(2)(ii) and (n)(3)(iii),
adding paragraph (n)(3)(iv) and revising
(w)(1) and (2) to read as follows:’’ is
corrected to read ‘‘Amend § 50.4 by
revising paragraphs (b)(2)(ii) and
(n)(3)(iii), adding paragraph (n)(3)(iv),
and revising paragraph (w)(1) and
paragraph (w)(2) introductory text to
read as follows:’’
Steven E. Seitz,
Director, Federal Insurance Office,
performing the Delegable Duties of the
Assistant Secretary for Financial Institutions.
[FR Doc. 2021–12456 Filed 6–14–21; 8:45 am]
BILLING CODE 4810–AK–P
PO 00000
Safety Zone; Cocos Lagoon, Merizo,
GU
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a recurring safety zone for
navigable waters within Cocos Lagoon.
This safety zone will encompass the
designated swim course for the Cocos
Crossing swim event in the waters of
Cocos Lagoon, Merizo, Guam. Race
participants, chase boats, and organizers
of the event will be exempt from the
safety zone. Entry of persons or vessels
into the safety zone is prohibited unless
authorized by the Captain of the Port
(COTP) Guam.
DATES: This rule is effective July 15,
2021.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0460 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
ADDRESSES:
Frm 00036
Fmt 4700
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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Chief Petty
Officer Robert Davis, Sector Guam, U.S.
Coast Guard, by telephone at (671) 355–
4866, or email at WWMGuam@uscg.mil.
SUPPLEMENTARY INFORMATION:
V. Regulatory Analyses
I. Table of Abbreviations
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.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone, which
will impact a small designated area of
the Cocos Lagoon for approximately 7
hours. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone.
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 purpose of this rule is to ensure
the safety of the participants and the
navigable waters in the safety zone
before, during, and after the scheduled
swim event. In response, on February
10, 2021, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Safety Zone; Cocos Lagoon,
Merizo, GU (86 FR 8879–8881). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this safety
zone. During the comment period that
ended March 12, 2021, we received no
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under its authority in 46 U.S.C 70034
(previously 33 U.S.C. 1231). The COTP
Guam has determined this safety zone is
necessary to protect all persons and
vessels participating in this marine
event from potential safety hazards
associated with vessel traffic in the area
khammond on DSKJM1Z7X2PROD with RULES
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
February 10, 2021. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone
from 06:00 a.m. to 1:00 p.m. on the
Sunday before Memorial Day every year,
unless the event is cancelled or moved
due to weather. The safety zone will
cover all navigable waters within a 100yard radius of the race participants in
Cocos Lagoon, Merizo, Guam. Race
participants, chase boats, and organizers
of the event will be exempt from the
safety zone. All persons and vessels not
involved in the event are prohibited
from being in the safety zone unless
authorized by the COTP or a designated
representative.
VerDate Sep<11>2014
16:05 Jun 14, 2021
Jkt 253001
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
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 received no comments
from the Small Business Administration
on this rulemaking. 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
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
31621
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,
E:\FR\FM\15JNR1.SGM
15JNR1
31622
Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations
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 approximately 7 hours that
would prohibit entry within 100-yards
for swim participants in Cocos Lagoon.
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
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.
khammond on DSKJM1Z7X2PROD with RULES
2. Add § 165.1418 to read as follows:
(a) Location. The following area,
within the Guam Captain of the Port
(COTP) Zone (See 33 CFR 3.70–15), all
navigable waters within a 100-yard
radius of race participants in Cocos
16:05 Jun 14, 2021
Jkt 253001
[FR Doc. 2021–12552 Filed 6–14–21; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–HQ–RCRA–2016–0040; FRL–10014–
42–OLEM]
§ 165.1418 Safety Zone; Cocos Lagoon,
Merizo, GU.
VerDate Sep<11>2014
Dated: June 9, 2021.
Nicholas R. Simmons,
Captain, U.S. Coast Guard Captain of the
Port, Guam.
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
■
■
Lagoon, Merizo, Guam. Race
participants, chase boats, and organizers
of the event will be exempt from the
safety zone.
(b) Definitions. As used in this
section, ‘‘designated on-scene
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
either designated by or assisting the
COTP Sector Guam in the enforcement
of the safety zone.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
COTP or a designated on-scene
representative.
(2) This safety zone is closed to all
persons and vessel traffic, except as may
be permitted by the COTP or a
designated on-scene representative.
(3) Persons and Vessel operators
desiring to enter or operate within the
safety zone must contact the COTP or a
designated on-scene representative to
obtain permission to do so. The COTP
or a designated on-scene representative
may be contacted via VHF Channel 16
or at telephone number (671) 355–4821.
Vessel operators given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP or a designated onscene representative.
(d) Enforcement period. This safety
zone will be enforced on the Sunday
before Memorial Day from 6:00 a.m. to
1:00 p.m. annually, unless the event is
delayed or cancelled due to weather.
The Coast Guard will provide advance
notice of enforcement and a broadcast
notice to mariners to inform the public
of the specific date of the event.
Corrosive Waste Rulemaking Petition;
Denial
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
Notice; final denial of
rulemaking petition.
ACTION:
The Environmental Protection
Agency (EPA or the Agency) is
responding to a rulemaking petition
(‘‘the petition’’) requesting revision of
the Resource Conservation and
Recovery Act (RCRA) corrosivity
hazardous waste characteristic
regulation. The petition requests that
the Agency make two changes to the
current corrosivity characteristic
regulation: Revise the regulatory
threshold for defining waste as corrosive
from the current value of pH 12.5, to pH
11.5; and expand the scope of the RCRA
corrosivity definition to include nonaqueous wastes in addition to the
aqueous wastes currently regulated. The
Agency published a tentative denial of
the rulemaking petition on April 11,
2016. Today the Agency is publishing a
final denial of the rulemaking petition.
DATES: This final action is effective on
June 15, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–RCRA–2016–0040, at
https://www.regulations.gov. All
documents in the docket are listed on
the https://www.regulations.gov website.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Gregory Helms, Materials Recovery and
Waste Management Division, Office of
Resource Conservation and Recovery,
Office of Land and Emergency
Response, (Mail Code 5304P),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: 703–308–
8845; email address: helms.greg@
epa.gov
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. General Information
A. Does this action apply to me?
B. What action is EPA taking?
C. What is EPA’s authority for taking this
action?
D. What are the incremental costs and
benefits of this action?
III. Background
A. Who submitted the petition to the EPA
and what do they seek?
B. Who commented on the tentative denial
of the petition?
IV. Public Comments Received and Agency
Response
A. Petitioner Comments
E:\FR\FM\15JNR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 113 (Tuesday, June 15, 2021)]
[Rules and Regulations]
[Pages 31620-31622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12552]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0460]
RIN 1625-AA00
Safety Zone; Cocos Lagoon, Merizo, GU
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a recurring safety zone for
navigable waters within Cocos Lagoon. This safety zone will encompass
the designated swim course for the Cocos Crossing swim event in the
waters of Cocos Lagoon, Merizo, Guam. Race participants, chase boats,
and organizers of the event will be exempt from the safety zone. Entry
of persons or vessels into the safety zone is prohibited unless
authorized by the Captain of the Port (COTP) Guam.
DATES: This rule is effective July 15, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0460 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket
[[Page 31621]]
Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Chief Petty Officer Robert Davis,
Sector Guam, U.S. Coast Guard, by telephone at (671) 355-4866, or email
at [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The purpose of this rule is to ensure the safety of the
participants and the navigable waters in the safety zone before,
during, and after the scheduled swim event. In response, on February
10, 2021, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled Safety Zone; Cocos Lagoon, Merizo, GU (86 FR 8879-8881).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this safety zone. During the
comment period that ended March 12, 2021, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under its authority in 46
U.S.C 70034 (previously 33 U.S.C. 1231). The COTP Guam has determined
this safety zone is necessary to protect all persons and vessels
participating in this marine event from potential safety hazards
associated with vessel traffic in the area
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
February 10, 2021. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone from 06:00 a.m. to 1:00 p.m. on
the Sunday before Memorial Day every year, unless the event is
cancelled or moved due to weather. The safety zone will cover all
navigable waters within a 100-yard radius of the race participants in
Cocos Lagoon, Merizo, Guam. Race participants, chase boats, and
organizers of the event will be exempt from the safety zone. All
persons and vessels not involved in the event are prohibited from being
in the safety zone unless authorized by the COTP 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.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a small designated area of the Cocos Lagoon for approximately 7
hours. Moreover, the Coast Guard will issue a Broadcast Notice to
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 received no comments from the Small Business
Administration on this rulemaking. 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,
[[Page 31622]]
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 approximately 7 hours that would prohibit entry
within 100-yards for swim participants in Cocos Lagoon. 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
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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.
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2. Add Sec. 165.1418 to read as follows:
Sec. 165.1418 Safety Zone; Cocos Lagoon, Merizo, GU.
(a) Location. The following area, within the Guam Captain of the
Port (COTP) Zone (See 33 CFR 3.70-15), all navigable waters within a
100-yard radius of race participants in Cocos Lagoon, Merizo, Guam.
Race participants, chase boats, and organizers of the event will be
exempt from the safety zone.
(b) Definitions. As used in this section, ``designated on-scene
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 either designated
by or assisting the COTP Sector Guam in the enforcement of the safety
zone.
(c) Regulations. (1) In accordance with the general regulations in
section Sec. 165.23, entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the COTP or a designated
on-scene representative.
(2) This safety zone is closed to all persons and vessel traffic,
except as may be permitted by the COTP or a designated on-scene
representative.
(3) Persons and Vessel operators desiring to enter or operate
within the safety zone must contact the COTP or a designated on-scene
representative to obtain permission to do so. The COTP or a designated
on-scene representative may be contacted via VHF Channel 16 or at
telephone number (671) 355-4821. Vessel operators given permission to
enter or operate in the safety zone must comply with all directions
given to them by the COTP or a designated on-scene representative.
(d) Enforcement period. This safety zone will be enforced on the
Sunday before Memorial Day from 6:00 a.m. to 1:00 p.m. annually, unless
the event is delayed or cancelled due to weather. The Coast Guard will
provide advance notice of enforcement and a broadcast notice to
mariners to inform the public of the specific date of the event.
Dated: June 9, 2021.
Nicholas R. Simmons,
Captain, U.S. Coast Guard Captain of the Port, Guam.
[FR Doc. 2021-12552 Filed 6-14-21; 8:45 am]
BILLING CODE 9110-04-P
