36068 Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Rules and Regulations

DEPARTMENT OF HOMELAND opportunity to comment pursuant to V. Regulatory Analyses SECURITY authority under section 4(a) of the We developed this rule after Administrative Procedure Act (APA) considering numerous statutes and Coast Guard (5 U.S.C. 553(b)). This provision Executive orders related to rulemaking. authorizes an agency to issue a rule Below we summarize our analyses 33 CFR Part 165 without prior notice and opportunity to based on a number of these statutes and [Docket Number USCG–2021–0514] comment when the agency for good Executive orders, and we discuss First cause finds that those procedures are RIN 1625–AA87 Amendment rights of protestors. ‘‘impracticable, unnecessary, or contrary A. Regulatory Planning and Review Security Zone; Surfside Building to the public interest.’’ Under 5 U.S.C. Collapse, Surfside, FL 553(b)(B), the Coast Guard finds that Executive Orders 12866 and 13563 good cause exists for not publishing a direct agencies to assess the costs and AGENCY: Coast Guard, Department of notice of proposed rulemaking (NPRM) benefits of available regulatory Homeland Security (DHS). with respect to this rule because local alternatives and, if regulation is ACTION: Temporary final rule. authorities asked the Coast Guard to necessary, to select regulatory establish the security zone within 24 approaches that maximize net benefits. SUMMARY: The Coast Guard is hours of the request. A delay in This rule has not been designated a establishing a temporary security zone promulgating this rule would be ‘‘significant regulatory action,’’ under for certain navigable waters of the impracticable because a security zone is Executive Order 12866. Accordingly, Atlantic Ocean near the town of required by July 1, 2021, to prevent this rule has not been reviewed by the Surfside, Florida. The security zone will vessels from approaching and possibly Office of Management and Budget cover all navigable waters from (OMB). approximately one-half nautical mile interefering with search and rescue operations at the Champlain Towers This regulatory action determination north and south of the Champlain is based on the size and location of the Towers South (accident site) and 500 South in Surfside, FL. It would be contrary to public interest to postpone security zone. The security zone is yards offshore. This action is necessary limited in size and location as it will to prevent vessels from approaching and establishing the temporary security zone. cover all navigable waters from possibly interefering with search and approximately one-half nautical mile rescue operations at the Champlain Under 5 U.S.C. 553(d)(3), the Coast north and south of the Champlain Towers South in Surfside, FL. Entry of Guard finds that good cause exists for Towers South (accident site) and 500 vessels or persons into this zone is making this rule effective less than 30 yards offshore. Although persons and prohibited unless specifically days after publication in the Federal vessels will not be able to enter, transit authorized by the Captain of the Port Register. Delaying the effective date of through, anchor in, or remain within the (COTP) Miami or a designated this rule would be impracticable security zone without authorization representative. because immediate action is needed to from the Captain of the Port Miami or DATES: This rule is effective without prevent interference of rescue a designated representative, they may actual notice from July 8, 2021 through operations at the Champlain Towers. operate in the surrounding area during August 31, 2021. For the purposes of III. Legal Authority and Need for Rule the enforcement period. Furthermore, enforcement, actual notice will be used the rule will allow vessels to seek from July 1, 2021, until July 8, 2021. The Coast Guard is issuing this rule permission to enter the zone. Persons ADDRESSES: To view documents under authority in 46 U.S.C. 70034. The and vessels may still enter, transit mentioned in this preamble as being COTP Miami has determined the through, anchor in, or remain within the available in the docket, go to https:// potential interference of search and security zone during the enforcement www.regulations.gov, type USCG–2021– rescue operations at the Champlain period if authorized by the Captain of 0514 in the search box and click Towers will be a concern for rescue the Port Miami or a designated ‘‘Search.’’ Next, in the Document Type personnel. This security zone is representative. The Coast Guard will column, select ‘‘Supporting & Related necessary to protect rescue operations, provide advance notification of the Material.’’ personnel, and surrounding waterways security zone via a Broadcast Notice to Mariners, allowing mariners to make FOR FURTHER INFORMATION CONTACT: If adjacent to the accident site in Surfside, alternative plans or seek permission to you have questions about this rule, call Florida. transit the zone. or email Omar Beceiro, Waterways IV. Discussion of the Rule Management Division, U.S. Coast B. Impact on Small Entities Guard; telephone: (305) 535–4317, This rule establishes a security zone The Regulatory Flexibility Act of email: [email protected]. from 7:00 p.m. on July 1, 2021, through 1980, 5 U.S.C. 601–612, as amended, SUPPLEMENTARY INFORMATION: 11:59 p.m. on August 31, 2021. The requires Federal agencies to consider security zone will cover all navigable I. Table of Abbreviations the potential impact of regulations on waters from approximately one-half small entities during rulemaking. The CFR Code of Federal Regulations nautical mile north and south of the term ‘‘small entities’’ comprises small DHS Department of Homeland Security Champlain Towers South (accident site) businesses, not-for-profit organizations FR Federal Register and 500 yards offshore. The duration of NPRM Notice of proposed rulemaking that are independently owned and § Section the zone is intended to protect operated and are not dominant in their U.S.C. United States Code personnel during search and rescue fields, and governmental jurisdictions operations at the Champlain Towers. No with populations of less than 50,000. II. Background Information and vessel or person will be permitted to The Coast Guard certifies under 5 U.S.C. Regulatory History enter the safety zone without obtaining 605(b) that this rule will not have a The Coast Guard is issuing this permission from the COTP Miami or a significant economic impact on a temporary rule without prior notice and designated representative. substantial number of small entities.

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While some owners or operators of responsibilities between the Federal PART 165—REGULATED NAVIGATION vessels intending to transit the safety Government and Indian tribes. AREAS AND LIMITED ACCESS AREAS zone may be small entities, for the E. Unfunded Mandates Reform Act reasons stated in section V.A above, this ■ 1. The authority citation for part 165 rule will not have a significant The Unfunded Mandates Reform Act continues to read as follows: economic impact on any vessel owner of 1995 (2 U.S.C. 1531–1538) requires or operator. Federal agencies to assess the effects of Authority: 46 U.S.C. 70034, 70051; 33 CFR Under section 213(a) of the Small their discretionary regulatory actions. In 1.05–1, 6.04–1, 6.04–6, and 160.5; Business Regulatory Enforcement particular, the Act addresses actions Department of Homeland Security Delegation Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a No. 0170.1. we want to assist small entities in State, local, or tribal government, in the ■ 2. Add § 165.T07–0514 to read as understanding this rule. If the rule aggregate, or by the private sector of follows: would affect your small business, $100,000,000 (adjusted for inflation) or organization, or governmental more in any one year. Though this rule § 165.T07–0514 Security Zone; Surfside jurisdiction and you have questions will not result in such an expenditure, Building Collapse, Surfside, FL. we do discuss the effects of this rule concerning its provisions or options for (a) Locations. The temporary security compliance, please call or email the elsewhere in this preamble. zone is all waters of the Atlanic Ocean person listed in the FOR FURTHER F. Environment within the following points: Beginning INFORMATION CONTACT section. ° ′ ″ We have analyzed this rule under at Point 1 in position 25 52 54 N, Small businesses may send comments ° ′ ″ Department of Homeland Security 80 7 13 W; thence east to Point 2 in on the actions of Federal employees ° ′ ″ ° ′ ″ who enforce, or otherwise determine Directive 023–01, Rev. 1, associated position 25 52 54 N, 80 6 56 W; implementing instructions, and thence south to Point 3 in position compliance with, Federal regulations to ° ′ ″ ° ′ ″ the Small Business and Agriculture Environmental Planning COMDTINST 25 51 52 N, 80 6 52 W; thence west to ° ′ ″ ° ′ ″ Regulatory Enforcement Ombudsman 5090.1 (series), which guide the Coast Point 4 in position 25 51 52 N, 80 7 8 and the Regional Small Business Guard in complying with the National W; thence back to origin at Point 1. The Regulatory Fairness Boards. The Environmental Policy Act of 1969 (42 points are in North American Datum of Ombudsman evaluates these actions U.S.C. 4321–4370f), and have 1983 (NAD 83). annually and rates each agency’s determined that this action is one of a (b) Definition. The term ‘‘designated responsiveness to small business. If you category of actions that do not representative’’ means Coast Guard wish to comment on actions by individually or cumulatively have a Patrol Commanders, including Coast significant effect on the human employees of the Coast Guard, call 1– Guard coxswains, petty officers, and environment. This rule involves a 888–REG–FAIR (1–888–734–3247). The other officers operating Coast Guard temporary security zone lasting Coast Guard will not retaliate against vessels, and Federal, state, and local small entities that question or complain approximately 60 days that will prohibit entry of persons or vessls during search officers designated by or assisting the about this rule or any policy or action Captain of the Port (COTP) Miami in the of the Coast Guard. and rescue operations at the Champlain Towers in Surfside, Florida. It is enforcement of the security zone. C. Collection of Information categorically excluded from further (c) Regulations. (1) No person or This rule will not call for a new review under paragraph L60(d) of vessel will be permitted to enter, transit, collection of information under the Appendix A, Table 1 of DHS Instruction anchor, or remain within the security Paperwork Reduction Act of 1995 (44 Manual 023–01–001–01, Rev. 1. zone unless authorized by the COTP U.S.C. 3501–3520). A Drfat Record of Environmental Miami or a designated representative. If Consideration supporting this authorization is granted, persons and/or D. Federalism and Indian Tribal determination is available in the docket. vessels receiving such authorization Governments For instructions on locating the docket, must comply with the instructions of A rule has implications for federalism see the ADDRESSES section of this the COTP Miami or designated under Executive Order 13132, preamble. representative. Federalism, if it has a substantial direct G. Protest Activities (2) Persons who must notify or effect on the States, on the relationship request authorization from the COTP between the National Government and The Coast Guard respects the First the States, or on the distribution of Amendment rights of protesters. may do so by telephone at (305) 535– power and responsibilities among the Protesters are asked to call or email the 4313, or may contact a designated various levels of government. We have person listed in the FOR FURTHER representative via VHF radio on channel analyzed this rule under that order and INFORMATION CONTACT section to 16. have determined that it is consistent coordinate protest activities so that your (d) Enforcement period. This section with the fundamental federalism message can be received without will be enforced from 7:00 p.m. on July principles and preemption requirements jeopardizing the safety or security of 1, 2021, through 11:59 p.m. on August described in Executive Order 13132. people, places or vessels. 31, 2021. Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 Dated: July 1, 2021. implications under Executive Order 13175, Consultation and Coordination Harbors, Marine safety, Navigation J.F. Burdian, with Indian Tribal Governments, (water), Reporting and recordkeeping Captain, U.S. Coast Guard, Captain of the because it does not have a substantial requirements, Security measures, Port Miami. direct effect on one or more Indian Waterways. [FR Doc. 2021–14574 Filed 7–7–21; 8:45 am] tribes, on the relationship between the For the reasons discussed in the BILLING CODE 9110–04–P Federal Government and Indian tribes, preamble, the Coast Guard amends 33 or on the distribution of power and CFR part 165 as follows:

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