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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
This notice of enforcement is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone, and 5 U.S.C.
552a. In addition to this publication in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Broadcast Notice to Mariners and Local Notice to Mariners. The Captain of the Port Lake Michigan or a designated on-scene representative may be contacted via VHF Channel 16 or 414 7477182.
Dated: August 10, 2021.
Donald P. Montoro, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210553
RIN 1625AA00

Safety Zone; Swim for Alligator Lighthouse, Islamorada, FL
Coast Guard, DHS.
Temporary final rule.

AGENCY:

The Coast Guard is establishing a temporary safety zone on certain navigable waters near Islamorada, Florida, during the Swim for Alligator Lighthouse open water swim event. A permanent safety zone exists for this event; however, for this years event the date has changed. This temporary safety zone is a short-term modification of the existing permanent safety zone, due to a change in the date for this years event. The safety zone is necessary to ensure the safety of event participants and spectators. Persons and non-participant vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port COTP Key West or a designated representative.
DATES: This rule is effective from 7:30
a.m. until 4 p.m. on September 11, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http
www.regulations.gov, type USCG2021
0553 in the SEARCH box and click SEARCH. Click on Open Docket Folder on the line associated with this rule.

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SUMMARY:

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I. Table of Abbreviations COTP Captain of the Port 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
FR Doc. 202117422 Filed 81321; 8:45 am
ACTION:

If you have questions on this rule, call or email Ensign Vera Max, Waterways Management Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone 305 2928768; e-mail SKWWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

The Coast Guard is issuing this temporary final 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 and contrary to the public interest. The Coast Guard did not receive necessary information from the event sponsor for this years event until July 10, 2021. The Coast Guard has an existing safety zone for this event in 33
CFR 165.786, Table to 165.786, Line No. 9.1; however, the existing regulation only covers the event when it is scheduled on the third Saturday of September.
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 impracticable because the event is taking place on September 11, 2021, and immediate action is needed to respond to the potential safety hazards associated with this event.

general public, vessels and the marine environment in the navigable waters within the safety zone during the Swim for Alligator Lighthouse open water swim event.
IV. Discussion of the Rule This rule establishes a safety zone on September 11, 2021, for a period of 9
hours, from 7:30 a.m. to 4 p.m. The safety zone will cover all waters of the Atlantic Ocean beginning at a point Latitude 2454.82 N, longitude 08038.03 W, thence to latitude 2454.36 N, longitude 08037.72 W, thence to latitude 2451.07 N, longitude 08037.14 W, thence to latitude 2454.36 N, longitude 08037.72 W, thence to point of origin at latitude 2454.82 N, longitude 08038.03 W.
The event course begins and ends at Amara Cay Resort in Islamorada, Florida, and extends through Hawks Channel, with a turnaround at Alligator Reef Lighthouse. Approximately 400
swimmers with kayak escorts and eight safety vessels are anticipated to participate in the event. The size and duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the open water swim.
Persons and non-participant vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone without obtaining permission from the COTP Key West or a designated representative. If authorization to enter, transit through, anchor in, or remain within the safety zone is granted by the COTP Key West or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the COTP Key West or a designated representative. The Coast Guard will provide notice of the safety zone by Local Notice to Mariners, Broadcast Notice to Mariners, or by onscene designated representatives.

III. Legal Authority and Need for Rule
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.

The Coast Guard is issuing this rule under the authority in 46 U.S.C. 70034.
The Captain of the Port Key West COTP has determined that potential hazards associated with open water swim events will be a safety concern for persons and vessels in the regulated area. This rule is needed to ensure the safety of the event participants, the
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.
Executive Order 13771 directs agencies to control regulatory costs through a
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