Safety Zones; Vieques Unexploded Ordnance Operations, East Vieques; Vieques, Puerto Rico, 17068-17071 [2021-06750]
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Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules and Regulations
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.
jbell on DSKJLSW7X2PROD with RULES
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.
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15:54 Mar 31, 2021
Jkt 253001
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
security zone that will prohibit entry
within waters surrounding First Energy
Stadium and The Rock and Roll Hall of
Fame. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1.
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
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.
2. Add § 165.T09–0155 to read as
follows:
■
§ 165.T09–0155 Security Zone; 2021 NFL
Draft, Cleveland Harbor, Cleveland, Ohio.
(a) Location. The security zone will
encompass all waters of Cleveland
Harbor East Basin that are within the
following boundary to the shore
including inlets and harbors: Starting
from a point at 41°30′41.24″ North
Latitude and 81°41′47.6″ West
Longitude and proceeding NorthNorthwest until intersecting a point at
position 41°30′49.222″ North Latitude
and 081°41′52.375″ West Longitude (the
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Green East Basin Channel Lighted Buoy
number 5 on NOAA chart 14839);
thence proceeding Southwest until
intersecting a point at 41°30′18.22″
North Latitude and 81°42′41.71″ West
Longitude; thence proceeding South
until intersecting a point at position
41°30′14.3″ North Latitude and
81°42′41.714″ West Longitude (Green
Main Entrance Light number 5 on
NOAA chart 14839) (NAD83).
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Buffalo. Authority to designate
may be delated by the Captain of the
Port Buffalo. A designation need not be
in writing.
(c) Regulations. (1) In accordance with
the general regulations in § 165.33, entry
into, transiting, remaining, or anchoring
within this security zone is prohibited
unless authorized by the Captain of the
Port Buffalo or a designated on-scene
representative.
(2) This security zone is closed to all
traffic, except as may be permitted by
the Captain of the Port Buffalo or their
designated on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant,
petty officer, or Federal, State, or local
law enformcement officer who is
designated by the Captain of the Port
Buffalo to act on her behalf.
(d) Enforcement period. This section
will be enforced intermittently from
8:00 a.m. on April 29, 2021, through
11:59 p.m. on May 1, 2021.
Dated: March 26, 2021.
L.M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2021–06728 Filed 3–31–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0424]
RIN 1625–AA00
Safety Zones; Vieques Unexploded
Ordnance Operations, East Vieques;
Vieques, Puerto Rico
Coast Guard, Department of
Homeland Security (DHS).
AGENCY:
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Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules and Regulations
ACTION:
Final rule.
The Coast Guard is
establishing permanent safety zones for
certain waters of Vieques, Puerto Rico.
This action is necessary to provide for
the safety of life on the navigable waters
near the island of Vieques, Puerto Rico
due to unexploded ordnances. This
rulemaking will prohibit mariners from
anchoring, dredging, or trawling in the
designated areas. It will also prohibit
persons and vessels from being in the
safety zones during clearance
operations, unless authorized by the
Captain of the Port San Juan or a
designated representative.
DATES: This rule is effective April 1,
2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0424 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 Lieutenant Natallia Lopez, Sector
San Juan Prevention Department,
Waterways Management Division, U.S.
Coast Guard; telephone 787–729–2380,
email ssjwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PR Puerto Rico
§ Section
U.S.C. United States Code
UXO Unexploded Ordnance
II. Background Information and
Regulatory History
On April 30, 2020, contractors on
behalf of the U.S. Navy contacted the
Coast Guard requesting the
establishment of permanent safety zones
surrounding unexploded ordnances
(UXO) in Vieques, PR. The Navy has
implemented long-term plans for the
deactivation and removal of the UXOs,
but safety zones are needed until those
operations are completed. The Captain
of the Port San Juan (COTP) has
determined that potential hazards
associated with the UXOs would be a
safety concern for anyone within the
designated areas. In response, on
October 19, 2020, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled, ‘‘Safety
Zones; Vieques Unexploded Ordnance
Operations, East Vieques; Vieques,
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Puerto Rico’’ (85 FR 66290). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to the safety
zones. During the comment period that
ended Novemeber 18, 2020, we received
no comments.
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 because doing so would be
impracticable and contrary to the public
interest. Delaying the effective date of
this rule would be contrary to the safety
zone’s intended objectives of protecting
persons and vessels from the potential
safety hazards associated with UXOs
ordnance clearing operations on the
waters of East Vieques, Vieques, Puerto
Rico.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP has determined that potential
hazards associated with the UXOs
would be a safety concern for anyone
within the designated areas. The
purpose of this rule is to ensure safety
of vessels and the navigable waters in
the safety zones.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
October 19, 2020. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes safety zones in
the navigable waters east of Vieques,
Puerto Rico. UXOs from past military
training operations remain present in
the waters of east Vieques, Puerto Rico.
The U.S. Navy is currently in the
process of planning, retrieving, and
properly disposing of the UXOs in this
area. These operations will be ongoing
for the next 20 years. Accordingly,
ordnance clearing operations will be
held at various times on the waters of
East Vieques, Vieques, Puerto Rico.
UXOs will be retrieved by several divers
working for the U.S. Navy.
The safety zone areas encompass the
waters in East Vieques, Vieques, Puerto
Rico. In areas where UXOs are present
in shallow waters, mariners have been
known to anchor which creates risk for
the unintended detonation of UXOs.
The safety zones will prohibit vessels
from anchoring, dredging, or trawling in
the designated areas at all times.
Further, no vessel or person will be
permitted to enter, transit through, or
remain in the safety zones during
clearance operations due to increased
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17069
risk of explosion and fragmentation
hazards.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
permanent safety zones by contacting
the Captain of the Port San Juan by
VHF–FM radio on Channels 16 and
22A, by calling Sector San Juan
Command Center at (787) 289–2041, or
via email to ssjcc@uscg.mil. If
authorization to enter, transit through,
or remain in the zones during ordnance
clearing operations or anchor, dredge, or
trawl at any time is granted, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port San Juan 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 size, location, and
restrictions of the safety zones. Vessels
will be permitted to enter the safety
zones when UXO operations are not
being conducted so long as they do not
anchor, dredge, or trawl.
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 received no comments
from the Small Business Administration
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Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules and Regulations
on this rulemaking. 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.
jbell on DSKJLSW7X2PROD with RULES
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
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15:54 Mar 31, 2021
Jkt 253001
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.
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 the
establishment of two safety zones. It is
categorically excluded from further
review under paragraph L60(a)
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:
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Sfmt 4700
PART 165—REGULATED NAVIATION
AREAS AND LIMITED ACCESS AREAS
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.
■
2. Add § 165.787 to read as follows:
§ 165.787 Safety Zones; Vieques
Unexploded Ordnance Operations, East
Vieques; Vieques, Puerto Rico.
(a) Regulated area. The following
regulated areas are established as a
safety zones:
(1) All waters of East Vieques,
Vieques, Puerto Rico encompassed
within the following points: starting at
Point 1 in position 18°08′56.48″ N,
065°20′10.69″ W; thence north to point
2 in position 18°09′10.72″ N,
065°20′04.11″ W; thence east to Point 3
in position 18°08′50.19″ N,
065°17′05.78″ W; thence south to Point
4 in position 18°08′05.79″ N,
065°16′16.70″ W.
(2) All waters of East Vieques,
Vieques, Puerto Rico encompassed
within the following points: starting at
Point 1 in position 18 07′38.60″ N,
065°17′45.95″ W; thence south to point
2 in position 18°07′23.73″ N,
065°17′58.34″ W; thence west to Point 3
in position 18°07′18.77″ N,
065°18′29.64″ W; thence north to Point
4 in position 18°07′34.47″ N,
065°18′31.82″ W.
(b) Regulations. (1) No person or
vessel may anchor, dredge, or trawl in
the safety zones unless authorized by
the Captain of the Port (COTP), San
Juan, Puerto Rico, or a designated Coast
Guard commissioned, warrant, or petty
officer. Those in the safety zones must
comply with all lawful orders or
directions given to them by the COTP or
the designated Coast Guard
commissioned, warrant, or petty officer.
(2) No person or vessel may enter,
transit or remain in the safety zones
during unexploded ordnance clearance
operations, unless authorized by the
Captain of the Port San Juan or a
designated representative.
(3) Vessels encountering emergencies,
which require transit through the safety
zones, should contact the Coast Guard
patrol craft or Duty Officer on VHF
Channel 16. In the event of an
emergency, the Coast Guard patrol craft
may authorize a vessel to transit through
the safety zones with a Coast Guard
designated escort.
(4) The Captain of the Port and the
Duty Officer at Sector San Juan, Puerto
Rico, can be contacted at telephone
number 787–289–2041. The Coast
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Guard Patrol Commander enforcing the
safety zones can be contacted on VHF–
FM channels 16 and 22A.
(5) Coast Guard Sector San Juan will
notify the marine community of periods
during which these safety zones will be
in effect by providing notice to mariners
in accordance with § 165.7.
(6) All persons and vessels must
comply with the instructions of onscene patrol personnel. On-scene patrol
personnel include commissioned,
warrant, or petty officers of the U.S.
Coast Guard. Coast Guard Auxiliary and
local or state officials may be present to
inform vessel operators of the
requirements of this section, and other
applicable laws.
Dated: January 11, 2021.
G.H. Magee,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2021–06750 Filed 3–31–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
I. Background and Purpose
II. Public Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
40 CFR Part 52
[EPA–R01–OAR–2020–0712; FRL–10022–
16–Region 1]
Air Plan Approval; Rhode Island;
Control of Volatile Organic Compound
Emissions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Rhode Island.
These revisions update Rhode Island air
pollution control regulations for volatile
organic compound (VOC) emissions
from consumer products and
architectural and industrial
maintenance coatings. The intended
effect of this action is to approval the
revised regulations. This action is being
taken under the Clean Air Act.
DATES: This rule is effective on May 3,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0712. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
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SUMMARY:
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publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
David L. Mackintosh, Air Quality
Branch, U.S. Environmental Protection
Agency, EPA Region 1, 5 Post Office
Square—Suite 100, (Mail code 05–2),
Boston, MA 02109–3912, tel. 617–918–
1584, email Mackintosh.David@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background and Purpose
On February 8, 2021 (86 FR 8564),
EPA issued a notice of proposed
rulemaking (NPRM) for Rhode Island. In
the NPRM, EPA proposed approval of
SIP revisions submitted by Rhode Island
on January 24, 2020 and revised by
Rhode Island on April 1, 2020, and
December 28, 2020. The SIP revisions
contain two revised air pollution control
regulations 250–RICR–120–05–31,
‘‘Control of Volatile Organic
Compounds from Consumer Products’’
and 250–RICR–120–05–33, ‘‘Control of
Volatile Organic Compounds from
Architectural Coatings and Industrial
Maintenance Coatings.’’ These revised
regulations became effective in Rhode
Island on January 9, 2017 and July 21,
2020, respectively. In each regulation
Rhode Island has submitted to EPA for
incorporation into the SIP, its
subsection 2 ‘‘Application’’ has been
stricken from the rule. Rhode Island
notes that this language is only relevant
in Rhode Island and not incorporated
into the Rhode Island SIP.
The NPRM provides the rationale for
EPA’s proposed approval, which will
not be restated here.
II. Public Comment
EPA received four comments in
response to the NPRM. The four
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17071
comments support EPA’s proposal to
approve the Rhode Island SIP revisions.
III. Final Action
EPA is approving the Rhode Island
SIP revisions consisting of two revised
regulations 250–RICR–120–05–31,
‘‘Control of Volatile Organic
Compounds from Consumer Products’’
and 250–RICR–120–05–33, ‘‘Control of
Volatile Organic Compounds from
Architectural Coatings and Industrial
Maintenance Coatings,’’ excluding the
Application subsections 31.2 and 33.2
respectively.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Rhode
Island regulations described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
generally available through https://
www.regulations.gov and at the EPA
Region 1 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
state implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.1
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
1 62
E:\FR\FM\01APR1.SGM
FR 27968 (May 22, 1997).
01APR1
]]>Agencies
[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Rules and Regulations]
[Pages 17068-17071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06750]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0424]
RIN 1625-AA00
Safety Zones; Vieques Unexploded Ordnance Operations, East
Vieques; Vieques, Puerto Rico
AGENCY: Coast Guard, Department of Homeland Security (DHS).
[[Page 17069]]
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing permanent safety zones for
certain waters of Vieques, Puerto Rico. This action is necessary to
provide for the safety of life on the navigable waters near the island
of Vieques, Puerto Rico due to unexploded ordnances. This rulemaking
will prohibit mariners from anchoring, dredging, or trawling in the
designated areas. It will also prohibit persons and vessels from being
in the safety zones during clearance operations, unless authorized by
the Captain of the Port San Juan or a designated representative.
DATES: This rule is effective April 1, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0424 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 Lieutenant Natallia Lopez, Sector San Juan Prevention
Department, Waterways Management Division, U.S. Coast Guard; telephone
787-729-2380, email [email protected].
SUPPLEMENTARY INFORMATION:
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
PR Puerto Rico
Sec. Section
U.S.C. United States Code
UXO Unexploded Ordnance
II. Background Information and Regulatory History
On April 30, 2020, contractors on behalf of the U.S. Navy contacted
the Coast Guard requesting the establishment of permanent safety zones
surrounding unexploded ordnances (UXO) in Vieques, PR. The Navy has
implemented long-term plans for the deactivation and removal of the
UXOs, but safety zones are needed until those operations are completed.
The Captain of the Port San Juan (COTP) has determined that potential
hazards associated with the UXOs would be a safety concern for anyone
within the designated areas. In response, on October 19, 2020, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled,
``Safety Zones; Vieques Unexploded Ordnance Operations, East Vieques;
Vieques, Puerto Rico'' (85 FR 66290). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
the safety zones. During the comment period that ended Novemeber 18,
2020, we received no comments.
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 because doing so would be
impracticable and contrary to the public interest. Delaying the
effective date of this rule would be contrary to the safety zone's
intended objectives of protecting persons and vessels from the
potential safety hazards associated with UXOs ordnance clearing
operations on the waters of East Vieques, Vieques, Puerto Rico.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP has determined that potential hazards associated with
the UXOs would be a safety concern for anyone within the designated
areas. The purpose of this rule is to ensure safety of vessels and the
navigable waters in the safety zones.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
October 19, 2020. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes safety zones in the navigable waters east of
Vieques, Puerto Rico. UXOs from past military training operations
remain present in the waters of east Vieques, Puerto Rico. The U.S.
Navy is currently in the process of planning, retrieving, and properly
disposing of the UXOs in this area. These operations will be ongoing
for the next 20 years. Accordingly, ordnance clearing operations will
be held at various times on the waters of East Vieques, Vieques, Puerto
Rico. UXOs will be retrieved by several divers working for the U.S.
Navy.
The safety zone areas encompass the waters in East Vieques,
Vieques, Puerto Rico. In areas where UXOs are present in shallow
waters, mariners have been known to anchor which creates risk for the
unintended detonation of UXOs. The safety zones will prohibit vessels
from anchoring, dredging, or trawling in the designated areas at all
times. Further, no vessel or person will be permitted to enter, transit
through, or remain in the safety zones during clearance operations due
to increased risk of explosion and fragmentation hazards.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the permanent safety zones by
contacting the Captain of the Port San Juan by VHF-FM radio on Channels
16 and 22A, by calling Sector San Juan Command Center at (787) 289-
2041, or via email to [email protected]. If authorization to enter,
transit through, or remain in the zones during ordnance clearing
operations or anchor, dredge, or trawl at any time is granted, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port San Juan 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 size,
location, and restrictions of the safety zones. Vessels will be
permitted to enter the safety zones when UXO operations are not being
conducted so long as they do not anchor, dredge, or trawl.
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 received no comments from the Small Business
Administration
[[Page 17070]]
on this rulemaking. 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.
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 the
establishment of two safety zones. It is categorically excluded from
further review under paragraph L60(a) 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 NAVIATION 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. 165.787 to read as follows:
Sec. 165.787 Safety Zones; Vieques Unexploded Ordnance Operations,
East Vieques; Vieques, Puerto Rico.
(a) Regulated area. The following regulated areas are established
as a safety zones:
(1) All waters of East Vieques, Vieques, Puerto Rico encompassed
within the following points: starting at Point 1 in position
18[deg]08'56.48'' N, 065[deg]20'10.69'' W; thence north to point 2 in
position 18[deg]09'10.72'' N, 065[deg]20'04.11'' W; thence east to
Point 3 in position 18[deg]08'50.19'' N, 065[deg]17'05.78'' W; thence
south to Point 4 in position 18[deg]08'05.79'' N, 065[deg]16'16.70'' W.
(2) All waters of East Vieques, Vieques, Puerto Rico encompassed
within the following points: starting at Point 1 in position 18
07'38.60'' N, 065[deg]17'45.95'' W; thence south to point 2 in position
18[deg]07'23.73'' N, 065[deg]17'58.34'' W; thence west to Point 3 in
position 18[deg]07'18.77'' N, 065[deg]18'29.64'' W; thence north to
Point 4 in position 18[deg]07'34.47'' N, 065[deg]18'31.82'' W.
(b) Regulations. (1) No person or vessel may anchor, dredge, or
trawl in the safety zones unless authorized by the Captain of the Port
(COTP), San Juan, Puerto Rico, or a designated Coast Guard
commissioned, warrant, or petty officer. Those in the safety zones must
comply with all lawful orders or directions given to them by the COTP
or the designated Coast Guard commissioned, warrant, or petty officer.
(2) No person or vessel may enter, transit or remain in the safety
zones during unexploded ordnance clearance operations, unless
authorized by the Captain of the Port San Juan or a designated
representative.
(3) Vessels encountering emergencies, which require transit through
the safety zones, should contact the Coast Guard patrol craft or Duty
Officer on VHF Channel 16. In the event of an emergency, the Coast
Guard patrol craft may authorize a vessel to transit through the safety
zones with a Coast Guard designated escort.
(4) The Captain of the Port and the Duty Officer at Sector San
Juan, Puerto Rico, can be contacted at telephone number 787-289-2041.
The Coast
[[Page 17071]]
Guard Patrol Commander enforcing the safety zones can be contacted on
VHF-FM channels 16 and 22A.
(5) Coast Guard Sector San Juan will notify the marine community of
periods during which these safety zones will be in effect by providing
notice to mariners in accordance with Sec. 165.7.
(6) All persons and vessels must comply with the instructions of
on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state officials may be present to inform
vessel operators of the requirements of this section, and other
applicable laws.
Dated: January 11, 2021.
G.H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-06750 Filed 3-31-21; 8:45 am]
BILLING CODE 9110-04-P
