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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations presented to the courts. It will be challenging for those that are harmed by the issuance of a generally-applicable policy to show aggrievement before it is actually applied in a case. And by the time those harmed are able seek review, the damage of the stay will have been done and the stay will have been lifted.
My pessimistic outlook is that despite this orders obvious infirmities, the Commission will avoid judicial scrutiny and thereby thwart the intent of Congress.
For these reasons, I respectfully dissent.
lllllllllllllllllll James P. Danly, Commissioner.
FR Doc. 202116812 Filed 8521; 8:45 am BILLING CODE 671701P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket No. USCG20210162

Special Local Regulations; Marine Events Within the Fifth Coast Guard District Coast Guard, DHS.
Notice of enforcement of regulation; change of enforcement date.

AGENCY:
ACTION:

The Coast Guard will enforce the special local regulation for the 11th Annual Atlantic City Triathlon on August 7, 2021, from 6 a.m. through 9
a.m., to provide for the safety of life on navigable waterways during this event.
Our regulation for marine events within the Fifth Coast Guard District identifies the regulated area for this event in Atlantic City, NJ. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign.
DATES: The regulation in 33 CFR
100.501 for the special local regulation listed in item a12 in the table to 100.501 will be enforced from 6 a.m.
through 9 a.m. on August 7, 2021.
FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Petty Officer Jennifer Padilla, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, telephone 215
2714814, email Jennifer.L.Padilla@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local
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SUMMARY:

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regulation as described in section a, row 12 of the table to 33 CFR 100.501
for the 11th Annual Atlantic City Triathlon from 6 a.m. through 9 a.m. on August 7, 2021. The published enforcement periods for this event included the 2nd or 3rd Sunday in August. We are announcing a change of enforcement date for this years event with this notice of enforcement because August 7, 2021, is the first Saturday in August. This action is necessary to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after the swim portion of the triathlon. Our regulation for marine events within the Fifth Coast Guard District, table to 100.501, section a, row 12, specifies the location of the regulated area as all waters of the New Jersey ICW bounded by a line connecting the following points: Latitude 392120 N, longitude 0742718 W, thence northeast to latitude 392127.47 N, longitude 0742710.31 W, thence northeast to latitude 392133 N, longitude 0742657 W, thence northwest to latitude 392137 N, longitude 0742703 W, thence southwest to latitude 392129.88 N, longitude 0742714.31 W., thence south to latitude 392119 N, longitude 0742722 W, thence east to latitude 392118.14 N, longitude 0742719.25
W, thence north to point of origin, near Atlantic City, NJ.
During the enforcement periods, as reflected in 100.501c, if you are the operator of a vessel in the regulated area you must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign.
In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide notification of the enforcement periods via broadcast notice to mariners.
Dated: July 29, 2021.
Jonathan D. Theel, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
FR Doc. 202116808 Filed 8521; 8:45 am BILLING CODE 911004P

PO 00000

43087

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket Number USCG20210146
RIN 1625AA08

Special Local Regulation; Delaware Bay, Lower Township, NJ
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a special local regulation for certain navigable waters of the Delaware Bay. This action is necessary to provide safety of life on these navigable waters near Lower Township, NJ, during a swimming competition on August 29, 2021. This regulation prohibits persons and vessels from entering, transiting, or remaining within the regulated area unless authorized by the Captain of the Port Delaware Bay or a designated representative.
DATES: This rule is effective from 6:30
a.m. through 9:30 a.m. on August 29, 2021.
SUMMARY:

To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0146 in the SEARCH box and click SEARCH. Click on Open Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Jennifer Padilla, U.S.
Coast Guard, Sector Delaware Bay, Waterways Management Division;
telephone 2152714814, email Jennifer.l.Padilla@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port 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 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
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