Federal Register - August 13, 2021
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Fuente: Federal Register
44606
Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
timely processing of any award claim arising from a covered Commission enforcement action that is successfully litigated using the claimants same original information.
B. Exchange Act Rule 21F6
With respect to Rule 21F6, the Commission at the time it adopted the 2020 rulemaking amendments explained that the amendment in question was a clarification of discretionary authority the Commission already possessed.6 The Commission anticipates that, going forward, it will continue its practice of considering dollar amounts only in connection with provisions of the rules that explicitly contemplate the use of such discretion to raise awards i.e., law enforcement interest prong of 21F6a3 and the application of the presumption embodied in Rule 21F6c. In the unlikely event that the staff or the Commission should consider deviating from this practice, the staff will inform the claimant that such action is being considered. The claimant may then request that the matter be held in abeyance during the Interim PolicyReview Period.
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III. Other Matters Publication for notice and comment is not required under the Administrative Procedure Act APA pursuant to the exemption for agency rules of organization, procedure, or practice.7 It follows that the requirements of the Regulatory Flexibility Act do not apply.8 The effective date is August 13, 2021. In accordance with the APA,9 we find that there is good cause to establish an effective date less than 30 days after publication. The Commission believes that establishing an effective date less than 30 days after publication of this document is necessary to clarify how the SEC will proceed when addressing certain issues under Exchange Act Rule 21F3b3 and Exchange Act Rule 21F6 while the staff is preparing and the Commission is considering potential amendments to those rules.
The Commission has determined that the foregoing relates only to agency procedures and does not substantially affect the rights or obligations of nonagency parties. The foregoing is therefore not a rule under the Congressional Review Act, 5 U.S.C.
8043C.
6 The extent to which the amendment was a clarification was a point of disagreement at the time that the Commission adopted the amended rules in 2020.
7 5 U.S.C. 553bA.
8 5 U.S.C. 601612.
9 5 U.S.C. 553d3.
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Finally, the Commission has adopted the foregoing under the authority set forth in Sections 3b, 21F, and 23a of the Exchange Act.
By the Commission.
Dated: August 5, 2021.
Vanessa A. Countryman, Secretary.
FR Doc. 202117019 Filed 81221; 8:45 am BILLING CODE 801101P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket Number USCG20210598
RIN 1625AA08
Special Local Regulation; Cumberland River, Ashland City, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is establishing a temporary special local regulation for navigable waters on the Cumberland River. The special local regulation is needed to protect personnel, vessels, and the marine environment from potential hazards created by the Riverbluff Triathlon marine event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley.
DATES: This rule is effective on August 29, 2021 from 6 a.m. to 10 a.m.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0598 in the search box and click Search. Next, in the Document Type column, select Supporting & Related Material.
If you have questions on this rule, call or email Petty Officer Third Class Benjamin Gardner, Marine Safety Detachment Nashville, U.S. Coast Guard; telephone 6157365421, email Benjamin.t.gardner@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register MM Mile Marker NPRM Notice of proposed rulemaking Section U.S.C. United States Code
PO 00000
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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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, 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. We must establish this regulation by August 29, 2021 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule.
Under 5 U.S.C. 553d3, 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 public interest because immediate action is needed to ensure the safety of the participants and vessels during the Riverbluff Triathlon. It is impracticable to publish an NPRM because we must establish this special local regulation by August 29, 2021.
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. The Captain of the Port Sector Ohio Valley COTP has determined that potential hazards associated with Riverbluff Triathlon on August 29, 2021, will be a safety concern from MM 157.0 to MM
159.0 of the Cumberland River for 4
hours. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the special local regulation while the event is taking place.
IV. Discussion of the Rule This rule establishes a special local regulation from MM 157.0 to MM 159.0
on the Cumberland River. The safety zone will be in effect on August 29, 2021 from 6 a.m. to 10 a.m.. The duration of the zone is intended to protect participants, and the marine environment in these navigable waters while the Riverbluff Triathlon is taking place. No vessel or person will be permitted to enter the regulated area without obtaining permission from the COTP or a designated representative.
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