Federal Register/Vol. 86, No. 47/Friday, March 12, 2021/Rules
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13998 Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations Regulatory Enforcement Fairness Act of DEPARTMENT OF HOMELAND II. Background Information and 1996, Public Law 104–121, 110 Stat. SECURITY Regulatory History 847, 868, et seq. The Coast Guard is issuing this Coast Guard D. Executive Order 13132 (Federalism) temporary rule without prior notice and opportunity to comment pursuant to 33 CFR Part 100 This final rule would not have authority under section 4(a) of the substantial direct effects on the States, Administrative Procedure Act (APA) (5 on the relationship between the national [Docket No. USCG–2021–0118] U.S.C. 553(b)). This provision government and the States, or on the authorizes an agency to issue a rule distribution of power and RIN 1625–AA08 without prior notice and opportunity to responsibilities among the various comment when the agency for good Special Local Regulation; Bay levels of government. Therefore, in cause finds that those procedures are Guardian Exercise, Treasure Island, accordance with section 6 of E.O. 13132, ‘‘impracticable, unnecessary, or contrary San Francisco, CA it is determined that this final rule does to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that not have sufficient federalism AGENCY: Coast Guard, DHS. implications to warrant the preparation good cause exists for not publishing a ACTION: Temporary final rule. of a federalism summary impact notice of proposed rulemaking (NPRM) with respect to this rule because it is statement. SUMMARY: The Coast Guard is impracticable. The Coast Guard did not E. Executive Order 12988 (Civil Justice establishing a temporary special local receive final details for this event until Reform) regulation (SLR) in the navigable waters February 22, 2021. The Coast Guard of the San Francisco Bay, near Treasure must establish this safety zone by March This final rule meets the applicable Island, San Francisco, CA in support of 17, 2021 and lacks sufficient time to standards set forth in sections 3(a) and the Bay Guardian 2021 exercise. This provide a reasonable comment period 3(b)(2) of E.O. 12988. special local regulation will temporarily and consider those comments before restrict vessel traffic in the vicinity of issuing the rule. F. Regulatory Flexibility Executive Order Treasure Island and prohibit vessels and Under 5 U.S.C. 553(d)(3), the Coast 13175 (Consultation and Coordination persons not participating in the exercise Guard finds that good cause exists for With Indian Tribal Governments) from entering the regulated area. The making this rule effective less than 30 This final rule does not have ‘‘tribal purpose of the exercise it to use days after publication in the Federal radioactive detection equipment in a implications’’ because it does not have Register. Delaying the effective date of mock scenario. The exercise will be substantial direct effects on one or more this rule would be contrary to public interrupted, as necessary, to permit the interest because this regulation is Indian tribes, on the relationship passage of commercial vessel traffic. between the Federal Government and needed on March 17, 2021, less than 30 Exercise participants and non- days after the Coast Guard received the Indian tribes, or on the distribution of participants operating within the SLR final details of the event, in order to power and responsibilities between the area shall comply with all instructions keep vessels away from the immediate Federal Government and Indian tribes. given by the on-scene Patrol vicinity of the exercise to ensure the Accordingly, E.O. 13175, Consultation Commander monitoring the event. This safety of exercise participants, mariners, and Coordination with Indian Tribal regulation is necessary to provide safety and transiting vessels. Governments, requires no further of life on the navigable waters during agency action or analysis. the exercise, which will be held on III. Legal Authority and Need for Rule March 17, 2021. G. Paperwork Reduction Act The legal basis for the proposed rule DATES: This rule is effective from 8 a.m. is 46 U.S.C. 70041 (previously 33 U.S.C. The Paperwork Reduction Act of 1995 to 6 p.m. on March 17, 2021. 1233). Under 33 CFR 100.35, the Coast (PRA), 44 U.S.C. 3501, et seq., and its Guard District Commander has ADDRESSES: To view documents attendant regulations, 5 CFR part 1320, authority to promulgate certain special mentioned in this preamble as being local regulations deemed necessary to require the Department to consider the available in the docket, go to https:// agency’s need for its information ensure the safety of life on the navigable www.regulations.gov, type USCG–2021– waters immediately before, during, and collections and their practical utility, 0118 in the ‘‘SEARCH’’ box and click the impact of paperwork and other immediately after an approved regatta or ‘‘SEARCH.’’ Click on Open Docket marine parade. The Commander of information collection burdens imposed Folder on the line associated with this on the public, and how to minimize Coast Guard District 11 has delegated to rule. the Captain of the Port (COTP) San those burdens. This final rule does not FOR FURTHER INFORMATION CONTACT: If Francisco the responsibility of issuing require a collection of information you have questions on this rule, call or such regulations. subject to approval by OMB under the email Lieutenant Anthony Solares, The regulation establishes a regulated PRA, or affect any existing collections of Waterways Management, U.S. Coast area on the waters on which the Bay information. Guard; telephone (415) 399–7443, email Guardian exercise will be held. The Suzan G. LeVine, [email protected]. regulated area is necessary to ensure the Principal Deputy Assistant Secretary for SUPPLEMENTARY INFORMATION: safety of exercise participants and Employment and Training, Labor. mariners transiting near the exercise I. Table of Abbreviations area. [FR Doc. 2021–05269 Filed 3–11–21; 8:45 am] BILLING CODE 4510–FP–P CFR Code of Federal Regulations IV. Discussion of the Rule COTP Captain of the Port San Francisco DHS Department of Homeland Security The Bay Guardian 2021 exercise will § Section occur in the navigable waters of San U.S.C. United States Code Francisco Bay, near Treasure Island, CA, VerDate Sep<11>2014 19:32 Mar 11, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\12MRR1.SGM 12MRR1 Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations 13999 within an area bounded by a line B. Impact on Small Entities power and responsibilities among the ° ′ ″ beginning at position 37 50 48.9 N, The Regulatory Flexibility Act of various levels of government. We have 122°23 45.4″ W; thence to position analyzed this rule under that Order and ° ′ ″ ° ′ ″ 1980, 5 U.S.C. 601–612, as amended, 37 50 51.1 N, 122 22 14.1 W; thence to requires Federal agencies to consider have determined that it is consistent position 37°49′14.0″ N, 122°21′18.1″ W; with the fundamental federalism ° ′ ″ the potential impact of regulations on thence to position 37 49 8.4 N, small entities during rulemaking. The principles and preemption requirements 122°21′28.7″ W; thence to position described in Executive Order 13132. ° ′ ″ ° ′ ″ term ‘‘small entities’’ comprises small 37 49 13.3 N, 122 21 48.4 W; thence businesses, not-for-profit organizations Also, this rule does not have tribal along Treasure island shoreline to implications under Executive Order ° ′ ″ ° ′ ″ that are independently owned and position 37 49 22.3 N, 122 21 44.4 W, operated and are not dominant in their 13175, Consultation and Coordination thence along Treasure island shoreline with Indian Tribal Governments, ° ′ ″ ° ′ ″ fields, and governmental jurisdictions to position 37 50 1.1 N, 122 22 12.1 with populations of less than 50,000. because it does not have a substantial W; thence to position 37°50′1.1″ N, direct effect on one or more Indian ° ′ ″ The Coast Guard certifies under 5 U.S.C. 122 23 46 W; and thence to the point 605(b) that this rule will not have a tribes, on the relationship between the of beginning. significant economic impact on a Federal Government and Indian tribes, This rule will be enforced before, substantial number of small entities. or on the distribution of power and during, and immediately after the event, While some owners or operators of responsibilities between the Federal from 8 a.m. to 6 p.m. on March 17, 2021, vessels intending to transit the Government and Indian tribes. or as broadcasted via BNM. temporary regulated area may be small E. Unfunded Mandates Reform Act Except for persons or vessels entities, for the reasons stated in section authorized by the Captain of the Port or V.A. above, this rule will not have a The Unfunded Mandates Reform Act a designated representative, no vessel significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires may enter or remain in the restricted vessel owner or operator. Federal agencies to assess the effects of area. A ‘‘designated representative’’ Under section 213(a) of the Small their discretionary regulatory actions. In means a Coast Guard Patrol Business Regulatory Enforcement particular, the Act addresses actions Commander, including a Coast Guard Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a coxswain, petty officer, or other officer we want to assist small entities in State, local, or tribal government, in the operating a Coast Guard vessel or a understanding this rule. If the rule aggregate, or by the private sector of Federal, State, or local officer would affect your small business, $100,000,000 (adjusted for inflation) or designated by or assisting the COTP in organization, or governmental more in any one year.