Safety Zone; Power Plant Demolition; Grand River, Grand Haven, MI, 8140-8142 [2021-02356]
Download as PDF
<![CDATA[
8140
Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov). At this time, the
Commission has suspended access to
the Commission’s Public Reference
Room due to the President’s March 13,
2020 proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19).
45. From the Commission’s Home
Page on the internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
46. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from
FERC Online Support at 202–502–6652
(toll free at 1–866–208–3676) or email at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202)502–8659. Email the
Public Reference Room at
public.referenceroom@ferc.gov.
Authority: 16 U.S.C. 791a–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
X. Effective Date and Congressional
Notification
33 CFR Part 165
List of Subjects in 18 CFR Part 292
Electric power plants, Electric
utilities, Reporting and recordkeeping
requirements.
By the Commission. Commissioner
Clements is not participating.
Issued: December 17, 2020.
Kimberly D. Bose,
Secretary.
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In consideration of the foregoing, the
Commission amends part 292, chapter I,
title 18, Code of Federal Regulations, as
follows:
PART 292—REGULATIONS UNDER
SECTIONS 201 AND 210 OF THE
PUBLIC UTILITY REGULATORY
POLICIES ACT OF 1978 WITH REGARD
TO SMALL POWER PRODUCTION AND
COGENERATION
1. The authority citation for part 292
continues to read as follows:
VerDate Sep<11>2014
15:54 Feb 03, 2021
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§ 292.202
Definitions.
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(h) * * * :
(2) That is used in a heating
application (e.g., space heating,
domestic hot water heating);
(3) That is used in a space cooling
application (i.e., thermal energy used by
an absorption chiller); or
(4) That is used by a fuel cell system
with an integrated steam hydrocarbon
reformation process for production of
fuel for electricity generation.
*
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[FR Doc. 2021–01988 Filed 2–3–21; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket Number USCG–2021–0035]
47. These regulations are effective
April 5, 2021. The Commission has
determined, with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
OMB, that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This final rule is
being submitted to the Senate, House,
Government Accountability Office, and
Small Business Administration.
■
2. Amend § 292.202 by revising
paragraphs (h)(2) and (3) and adding
paragraph (h)(4) to read as follows:
■
RIN 1625–AA00
Safety Zone; Power Plant Demolition;
Grand River, Grand Haven, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters within 1400 feet of
a demolition site near the eastern bank
of the Grand River in Grand Haven, MI.
The safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by the controlled implosion of
the J.B. Sims power plant. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Lake Michigan or a designated
representative.
SUMMARY:
This rule is effective from 9:30
a.m. on February 5 through 10:30 a.m.
on February 19, 2021. The rule will be
enforced from 9:30 a.m. to 10:30 a.m. on
both February 5 and February 19, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0035 in the ‘‘SEARCH’’ box, and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
DATES:
PO 00000
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Fmt 4700
Sfmt 4700
If
you have questions on this rule, call or
email Chief Petty Officer Jeromy
Sherrill, Sector Lake Michigan
Waterways Management Division, U.S.
Coast Guard; telephone 414–747–7148,
email Jeromy.N.Sherrill@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
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 4(a) of the
Administrative Procedure Act (APA)
(5 U.S.C. 553(b)). 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.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard not made aware of the
intended demolition project until
January 12, 2021, and immediate action
is needed to mitigate potential safety
hazards associated with the demolition
process. Delaying the effective date of
this rule to wait for a comment period
to run would be impracticable and
contrary to public interest by inhibiting
the Coast Guard’s ability to protect
against the known and anticipated
hazards.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30-day notice period to
elapse would be impracticable because
immediate action is needed to mitigate
potential safety hazards associated with
the controlled implosion of portion of
the power plant adjancent to the Grand
River.
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 (COTP) Lake
Michigan has determined that potential
safety hazards associated with the
demolition of the J.B. Sims power plant
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Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
will be a safety concern for anyone on
navigable waters within 1400 feet of the
demolition site. This work is scheduled
to take place on February 5 and
February 19, 2021, on the Grand River
in Grand Haven, MI. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
structures are imploded.
and is not anticipated to exceed two 2hour periods in duration. Thus,
restrictions on vessel movement within
that particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the COTP Lake Michigan.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9:30 a.m. through 10:30 a.m. on
February 5 and February 19, 2021. The
safety zone will cover all navigable
waters of the Grand River in Grand
Haven, MI, within 1400 feet of the blast
area located on the eastern bank of the
river at coordinates 43.0705000° N,
086.2346667°. The date and time of the
enforcement period will be announced
by the COTP Lake Michigan by
Broadcast Notice to Mariners. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters during the implosion of
structures near the river. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the COTP or a designated
representative.
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of federal employees who
enforce, or otherwise determine
compliance with, federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
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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.
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
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance, it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the characteristics of the
safety zone. The safety zone created by
this rule will be relatively small and is
designed to minimize its impact on
navigable waters. This rule will prohibit
entry into certain navigable waters of
the Grand River in Grand Haven, MI,
VerDate Sep<11>2014
15:54 Feb 03, 2021
Jkt 253001
B. Impact on Small Entities
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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8141
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
state, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting for a total of 2 hours that
will prohibit entry within 1400 feet of
a blast area near the eastern bank of the
Grand River for the demolition of
sections of a power plant. It is
categorically excluded from further
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Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
38 CFR Part 4
RIN 2900–AP88
1. The authority citation for part 165
continues to read as follows:
2. Add § 165.T09–0035 to read as
follows:
■
§ 165.T09–0035 Safety Zone; Power Plant
Demolition; Grand River, Grand Haven, MI.
jbell on DSKJLSW7X2PROD with RULES
Schedule for Rating Disabilities:
Musculoskeletal System and Muscle
Injuries; Correction
Department of Veterans Affairs.
Final rule; correction.
AGENCY:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
(a) Location. All navigable waters of
the Grand River within 1400 feet of the
blast area on the eastern bank of the
river at coordinates 43.0705000° N,
086.2346667°.
(b) Enforcement period. The regulated
area described in paragraph (a) is
effective from 9:30 a.m. through 10:30
a.m. on February 5 and February 19,
2021.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Lake Michigan
(COTP) or a designated representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) The ‘‘designated representative’’ of
the COTP is any Coast Guard
Jkt 253001
[FR Doc. 2021–02356 Filed 2–3–21; 8:45 am]
DEPARTMENT OF VETERANS
AFFAIRS
■
15:54 Feb 03, 2021
Dated: February 1, 2021.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
commissioned, warrant, or petty officer
who has been designated by the COTP
to act on his or her behalf.
(4) Persons and vessel operators
desiring to enter or operate within the
safety zone must contact the COTP or an
on-scene representative to obtain
permission to do so. The COTP or an
on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
COTP or an on-scene representative.
ACTION:
The Department of Veterans
Affairs (VA) is making correcting
amendments to the final rule published
on November 30, 2020. The final rule
amends the Department of Veterans
Affairs (VA) Schedule for Rating
Disabilities (‘‘VASRD’’ or ‘‘rating
schedule’’) by revising the portion of the
rating schedule that addresses the
musculoskeletal system.
DATES: Effective February 7, 2021.
FOR FURTHER INFORMATION CONTACT: Gary
Reynolds, M.D., Regulations Staff
(211C), Compensation Service, Veterans
Benefits Administration, Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, (202) 461–
9700. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: VA is
correcting its final rule, ‘‘RIN 2900–
AP88; Schedule for Rating Disabilities:
Musculoskeletal System and Muscle
Injuries’’, that was published on
November 30, 2020, in the Federal
Register at 85 FR 76453. The error is
with the diagnostic code used to
evaluate plantar fasciitis in schedule for
ratings of the foot under the Schedule of
Ratings for the Musculoskeletal System.
SUMMARY:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
A new diagnostic code for plantar
fasciitis was assigned in the final rule
under diagnostic code 5285; however,
this code was previously used to
evaluate ‘‘vertebra, fracture of,
residuals’’ and later ‘‘vertebral fracture
or dislocation’’ in the General Rating
Formula for Diseases and Injuries of the
Spine in the Schedule for Rating for the
spine until September 26, 2003 when it
was moved under diagnostic code 5235,
‘‘vertebral fracture or dislocation.’’ See
68 FR 51454 and 67 FR 56509. Though
vertebral fracture or dislocation is now
evaluated using diagnostic code 5235,
VA’s corporate database still uses
historical diagnostic code 5285 to
compensate veterans for residuals of
fractures of the vertebra who have not
yet been converted to the current
diagnostic code 5235. In order to avoid
any issues with the use of the new
diagnostic code for plantar fasciitis
under 5285 and the historical diagnostic
code 5285 previously used to evaluate
residuals of spinal fractures, VA assigns
a new diagnostic code for plantar
fasciitis under diagnostic code 5269. As
such, we are also redesignating the
entire entry for plantar fasciitis from
diagnostic codes 5285 to 5269, though
we are maintaining its location in
§ 4.71a in the table entitled ‘‘The Foot’’
between diagnostic codes 5284 and
5296.
Corrections
In FR Doc. 2020–25450 appearing on
page 76453 in the Federal Register of
Monday, November 30, 2020, the
following corrections are made:
§ 4.71a
[Corrected]
1. On page 76460, in the third column,
in § 4.71a, the text of amendatory
instruction 2.e. ‘‘Adding the diagnostic
code 5244 to the table entitled ‘‘The
Spine’’ and the diagnostic code 5285 to
the table entitled ‘‘The Foot’’’’ is
corrected to read ‘‘Adding the
diagnostic code 5244 in numerical order
to the table entitled ‘‘The Spine’’ and
the diagnostic code 5269 in numerical
order to the table entitled ‘‘The Foot’’’’.
■
§ 4.71a
[Corrected]
2. On page 76464, in § 4.71a, the entry
for diagnostic code 5269 is added and
the entry for diagnostic code 5285 is
removed to read as follows:
■
§ 4.71a Schedule of ratings—
musculoskeletal system.
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]]>Agencies
[Federal Register Volume 86, Number 22 (Thursday, February 4, 2021)]
[Rules and Regulations]
[Pages 8140-8142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02356]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0035]
RIN 1625-AA00
Safety Zone; Power Plant Demolition; Grand River, Grand Haven, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within 1400 feet of a demolition site near the
eastern bank of the Grand River in Grand Haven, MI. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by the controlled implosion of the J.B. Sims
power plant. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Lake Michigan
or a designated representative.
DATES: This rule is effective from 9:30 a.m. on February 5 through
10:30 a.m. on February 19, 2021. The rule will be enforced from 9:30
a.m. to 10:30 a.m. on both February 5 and February 19, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0035 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 Chief Petty Officer Jeromy Sherrill, Sector Lake Michigan
Waterways Management Division, U.S. Coast Guard; telephone 414-747-
7148, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. 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 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). 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. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard not made aware of the
intended demolition project until January 12, 2021, and immediate
action is needed to mitigate potential safety hazards associated with
the demolition process. Delaying the effective date of this rule to
wait for a comment period to run would be impracticable and contrary to
public interest by inhibiting the Coast Guard's ability to protect
against the known and anticipated hazards.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30-day notice period to elapse
would be impracticable because immediate action is needed to mitigate
potential safety hazards associated with the controlled implosion of
portion of the power plant adjancent to the Grand River.
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 (COTP) Lake
Michigan has determined that potential safety hazards associated with
the demolition of the J.B. Sims power plant
[[Page 8141]]
will be a safety concern for anyone on navigable waters within 1400
feet of the demolition site. This work is scheduled to take place on
February 5 and February 19, 2021, on the Grand River in Grand Haven,
MI. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
structures are imploded.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:30 a.m. through 10:30
a.m. on February 5 and February 19, 2021. The safety zone will cover
all navigable waters of the Grand River in Grand Haven, MI, within 1400
feet of the blast area located on the eastern bank of the river at
coordinates 43.0705000[deg] N, 086.2346667[deg]. The date and time of
the enforcement period will be announced by the COTP Lake Michigan by
Broadcast Notice to Mariners. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during the implosion of structures near the river.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the COTP or a designated
representative.
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.
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 budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance, it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the
characteristics of the safety zone. The safety zone created by this
rule will be relatively small and is designed to minimize its impact on
navigable waters. This rule will prohibit entry into certain navigable
waters of the Grand River in Grand Haven, MI, and is not anticipated to
exceed two 2-hour periods in duration. Thus, restrictions on vessel
movement within that particular area are expected to be minimal. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by the COTP Lake Michigan.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of federal
employees who enforce, or otherwise determine compliance with, federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a state, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting for a total of 2 hours that will prohibit entry
within 1400 feet of a blast area near the eastern bank of the Grand
River for the demolition of sections of a power plant. It is
categorically excluded from further
[[Page 8142]]
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0035 to read as follows:
Sec. 165.T09-0035 Safety Zone; Power Plant Demolition; Grand River,
Grand Haven, MI.
(a) Location. All navigable waters of the Grand River within 1400
feet of the blast area on the eastern bank of the river at coordinates
43.0705000[deg] N, 086.2346667[deg].
(b) Enforcement period. The regulated area described in paragraph
(a) is effective from 9:30 a.m. through 10:30 a.m. on February 5 and
February 19, 2021.
(c) Regulations. (1) In accordance with the general regulations in
section Sec. 165.23, entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the Captain of the Port
Lake Michigan (COTP) or a designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) The ``designated representative'' of the COTP is any Coast
Guard commissioned, warrant, or petty officer who has been designated
by the COTP to act on his or her behalf.
(4) Persons and vessel operators desiring to enter or operate
within the safety zone must contact the COTP or an on-scene
representative to obtain permission to do so. The COTP or an on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP or an on-scene
representative.
Dated: February 1, 2021.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2021-02356 Filed 2-3-21; 8:45 am]
BILLING CODE 9110-04-P
