Safety Zone; Pierce County Ferry Steilacoom II, Puget Sound, WA, 25949-25951 [2021-10085]

Download as PDF 25949 Rules and Regulations Federal Register Vol. 86, No. 90 Wednesday, May 12, 2021 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. 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 The Code of Federal Regulations is sold by the Superintendent of Documents. 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 it is impracticable. The Coast Guard was notified of the military exercise on April 7, 2021, and due to the evolving dynamic nature of the on-the-water exercise it was determined on May 4, 2021, that immediate action is needed to respond to the potential safety hazards associated with the exercise. The COTP determined this regulation is necessary to ensure the safety of the public. The Coast Guard lacks sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. 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. Delaying the effective date of this rule would be contrary to the public interest because this regulation is needed on May 13, 2021, less than 30 days after the Coast Guard received final details of the exercise, in order to ensure safety of the public, mariners, and exercise participants. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0313] RIN 1625–AA00 Safety Zone; Pierce County Ferry Steilacoom II, Puget Sound, WA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary moving safety zone for navigable waters within a 1,000-yard radius around the Pierce County ferry Steilacoom II. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the on-the-water military exercise. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Puget Sound or a designated representative. SUMMARY: This rule is effective from 8:30 a.m. through 2:30 p.m. on May 13, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0313 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 Warrant Officer William Martinez, Sector Puget Sound Waterways Management Division, U.S. Coast Guard; telephone 206–217–6051, email SectorPugetSoundWWM@ uscg.mil. khammond on DSKJM1Z7X2PROD with RULES DATES: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations VerDate Sep<11>2014 16:39 May 11, 2021 Jkt 253001 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 Puget Sector Sound (COTP) has determined that potential hazards associated with the on-thewater military exercise on May 13, 2021, will be a safety concern for anyone within a 1,000-yard radius of the Pierce County ferry Steilacoom II and the PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 exercise participants. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the moving safety zone. IV. Discussion of the Rule This rule establishes a moving safety zone from 8:30 a.m. until 2:30 p.m. on May 13, 2021. The moving safety zone will cover all navigable waters within 1,000 yards of Pierce County ferry Steilacoom II. Part of this exercise includes the use of high speed Coast Guard and law enforcement vessel maneuvers and the use of blank fire ammunition. The duration of the zone is intended to protect mariners from the hazards associated with military training operations. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. As used in this section, a 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 Puget Sound (COTP) in the enforcement of the safety zone. 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. 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). This regulatory action determination is based on size, location, and duration of the safety zone. Vessel traffic will be able to safely transit around this safety zone which would impact a small designated area of the Puget sound for a 6 hour period. The Coast Guard will E:\FR\FM\12MYR1.SGM 12MYR1 25950 Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules and Regulations transmit a Safety Marine Information Broadcast to mariners via VHF–FM marine channel 16 regarding the safety zone enforcement and publish in the Local Notice to Mariners information about details of the safety zone. In addition, the rule allows mariners to seek permission to enter the zone. To seek permission to enter, contact the COTP or the COTP’s representative by VHF Channel 16. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 16:39 May 11, 2021 Jkt 253001 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 a moving safety zone lasting only 6 hours that will prohibit entry within 1,000 yards of Pierce County ferry Steilacoom II. It is categorically excluded from further review under paragraph L60 of PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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.T13–0313 to read as follows: ■ § 165.T13–0313 Safety Zone; Pierce County Ferry Steilacoom II, Puget Sound, WA. (a) Location. The following area is a moving safety zone: All navigable waters within a 1,000-yard radius around the Pierce County ferry Steilacoom II. (b) Definitions. As used in this section, a 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 Sector Puget Sound (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative by VHF Channel 16. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement period. This section will be enforced from 8:30 a.m. to 2:30 p.m. on May 13, 2021. E:\FR\FM\12MYR1.SGM 12MYR1 Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules and Regulations Dated: May 5, 2021. P.M. Hilbert, Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound. [FR Doc. 2021–10085 Filed 5–11–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY FOR FURTHER INFORMATION CONTACT: Amy Johansen, Permits Branch (3AD10), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–2156. Ms. Johansen can also be reached via electronic mail at johansen.amy@ epa.gov. SUPPLEMENTARY INFORMATION: 40 CFR Part 52 I. Background On March 9, 2021 (86 FR 13511), EPA published a notice of proposed rulemaking (NPRM) for the Air Plan Approval; Pennsylvania; Commonwealth of Pennsylvania. In the Regulatory Updates to Nonattainment New Source Review (NNSR) Permitting NPRM, EPA proposed approval of Requirements for 2012 Fine Particulate amendments to 25 Pa. Code Chapters 121 (General Provisions) and 127 Matter (PM2.5) National Ambient Air (Construction, Modification, Quality Standard (NAAQS) Reactivation and Operation of Sources) AGENCY: Environmental Protection to implement Federal NNSR provisions Agency (EPA). for the 2012 PM2.5 NAAQS. Specifically, the SIP revision establishes that ACTION: Final rule. emissions of volatile organic SUMMARY: The Environmental Protection compounds (VOC) and ammonia are Agency (EPA) is approving a state precursors to PM2.5 for new and implementation plan (SIP) revision modified major sources emitting PM2.5 submitted by the Commonwealth of in nonattainment areas for PM2.5 in Pennsylvania, on March 10, 2020. This Pennsylvania; 1 establishes a significant revision pertains to the Pennsylvania impact level for PM2.5; proposes Department of Environmental emission offset ratios for emissions of Protection’s (PADEP) amendments to 25 VOC and ammonia as PM2.5 precursors; Pa. Code Chapters 121 (General and amends relevant definitions. The Provisions) and 127 (Construction, formal SIP revision was submitted by Modification, Reactivation and PADEP on March 10, 2020. EPA has revised the NAAQS for PM2.5 Operation of Sources) to implement on multiple occasions, most recently in Federal nonattainment new source 2012. On December 14, 2012, the annual review (NNSR) provisions for the 2012 primary standard for PM2.5 was lowered annual fine particulate matter (PM2.5) from 15 micrograms per meter cubed national ambient air quality standard (mg/m3) to 12 mg/m3. See 78 FR 3087 (NAAQS). EPA is approving these (January 15, 2013). The existing 24-hour revisions to the Pennsylvania SIP in accordance with the requirements of the standards (primary and secondary) were retained at 35 mg/m3, as was the annual Clean Air Act (CAA). secondary standard of 15 mg/m3. Upon DATES: This final rule is effective on promulgation of the 2012 PM2.5 NAAQS, June 11, 2021. EPA formally classified all of Delaware ADDRESSES: EPA has established a County and Lebanon County, docket for this action under Docket ID Pennsylvania as moderate Number EPA–R03–OAR–2020–0416. All nonattainment for the 2012 annual documents in the docket are listed on PM2.5 standard. See 80 FR 2206 (January the https://www.regulations.gov 15, 2015).2 For areas designated as website. Although listed in the index, nonattainment for one or more NAAQS, some information is not publicly the SIP must include preconstruction available, e.g., confidential business permit requirements for new or information (CBI) or other information whose disclosure is restricted by statute. modified major stationary sources of such nonattainment pollutant(s), Certain other material, such as commonly referred to as copyrighted material, is not placed on the internet and will be publicly 1 Allegheny County, Pennsylvania sources are available only in hard copy form. regulated under the Allegheny County Health Publicly available docket materials are Department’s Article XXI, not PADEP 25 Pa. Code. 2 EPA subsequently issued Additional Air Quality available through https:// Designations and Technical Amendment to Correct www.regulations.gov, or please contact Error in Air Quality Designations for the person identified in the FOR FURTHER Inadvertent the 2012 Primary Annual Fine Particulate Matter INFORMATION CONTACT section for (PM2.5), which impacted Delaware and Lebanon counties. 80 FR 18535, 18549 (April 7, 2015). additional availability information. khammond on DSKJM1Z7X2PROD with RULES [EPA–R03–OAR–2020–0416; FRL–10023– 38–Region 3] VerDate Sep<11>2014 16:39 May 11, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 25951 ‘‘Nonattainment New Source Review.’’ See CAA section 172(c)(5). PADEP’s SIP revision revises NNSR permit requirements for major sources of PM2.5. Specifically, PADEP’s 25 Pa. Code Chapters 121 and 127 have been amended to implement additional provisions pertaining to PM2.5 precursors, as promulgated in EPA’s rule entitled Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements (2016 Implementation Rule). 81 FR 58010 (August 24, 2016). As required by EPA’s 2016 Implementation Rule, which implements the D.C. Circuit court’s January 2013 decision in NRDC v. EPA,3 areas classified as nonattainment for any PM2.5 NAAQS are required to comply with the parts of CAA subpart 4 section 189(e) that require the control of major sources of PM10 precursors (and hence under the court decision, PM2.5 precursors) ‘‘except where the Administrator determines that such sources do not contribute significantly to PM10 levels which exceed the standard in the area.’’ 4 The 2016 Implementation Rule amended the definitions of (1) ‘‘regulated NSR pollutant’’ with regard to PM2.5 precursors; (2) ‘‘major stationary source’’ with regard to major sources of direct PM2.5 emissions and PM2.5 precursors locating in PM2.5 nonattainment areas classified as moderate and serious; and (3) ‘‘significant’’ with regard to emissions of direct PM2.5 and its precursors. II. Summary of SIP Revision and EPA Analysis A. Summary of SIP Revision 25 Pa. Code Chapters 121 and 127 address NNSR permit requirements for major sources of PM2.5. PADEP’s SIP revision has been amended to implement additional provisions pertaining to precursors, as promulgated in EPA’s final 2016 Implementation Rule. B. EPA’s Proposed Action At proposal, EPA evaluated the revised portions 25 Pa. Code Chapters 121 and 127 to determine if the revisions meet current applicable requirements for a PM2.5 NNSR permit program, as revised by EPA’s 2016 Implementation Rule. 25 Pa. Code 121.1—(1) contains revisions to clarify that 25 Pa. Code applies to major polluting facilities that will emit PM2.5 or its precursors in areas designated as 3 706 F.3d 428 (D.C. Cir. 2013). requirement was codified in 40 CFR 51.165(a)(13). See 81 FR 58010 (August 24, 2016). 4 This E:\FR\FM\12MYR1.SGM 12MYR1

Agencies

[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Rules and Regulations]
[Pages 25949-25951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10085]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules 
and Regulations

[[Page 25949]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0313]
RIN 1625-AA00


Safety Zone; Pierce County Ferry Steilacoom II, Puget Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
for navigable waters within a 1,000-yard radius around the Pierce 
County ferry Steilacoom II. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the on-the-water military exercise. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Sector Puget Sound or a designated 
representative.

DATES: This rule is effective from 8:30 a.m. through 2:30 p.m. on May 
13, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0313 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 Warrant Officer William Martinez, Sector Puget 
Sound Waterways Management Division, U.S. Coast Guard; telephone 206-
217-6051, 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
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 it is impracticable. The Coast Guard 
was notified of the military exercise on April 7, 2021, and due to the 
evolving dynamic nature of the on-the-water exercise it was determined 
on May 4, 2021, that immediate action is needed to respond to the 
potential safety hazards associated with the exercise. The COTP 
determined this regulation is necessary to ensure the safety of the 
public. The Coast Guard lacks sufficient time to provide a reasonable 
comment period and then consider those comments before issuing the 
rule.
    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. Delaying the effective date of 
this rule would be contrary to the public interest because this 
regulation is needed on May 13, 2021, less than 30 days after the Coast 
Guard received final details of the exercise, in order to ensure safety 
of the public, mariners, and exercise participants.

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 Puget 
Sector Sound (COTP) has determined that potential hazards associated 
with the on-the-water military exercise on May 13, 2021, will be a 
safety concern for anyone within a 1,000-yard radius of the Pierce 
County ferry Steilacoom II and the exercise participants. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the moving safety zone.

IV. Discussion of the Rule

    This rule establishes a moving safety zone from 8:30 a.m. until 
2:30 p.m. on May 13, 2021. The moving safety zone will cover all 
navigable waters within 1,000 yards of Pierce County ferry Steilacoom 
II. Part of this exercise includes the use of high speed Coast Guard 
and law enforcement vessel maneuvers and the use of blank fire 
ammunition. The duration of the zone is intended to protect mariners 
from the hazards associated with military training operations. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. As 
used in this section, a 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 Puget 
Sound (COTP) in the enforcement of the safety zone.

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. 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).
    This regulatory action determination is based on size, location, 
and duration of the safety zone. Vessel traffic will be able to safely 
transit around this safety zone which would impact a small designated 
area of the Puget sound for a 6 hour period. The Coast Guard will

[[Page 25950]]

transmit a Safety Marine Information Broadcast to mariners via VHF-FM 
marine channel 16 regarding the safety zone enforcement and publish in 
the Local Notice to Mariners information about details of the safety 
zone. In addition, the rule allows mariners to seek permission to enter 
the zone. To seek permission to enter, contact the COTP or the COTP's 
representative by VHF Channel 16. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.

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.

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 
moving safety zone lasting only 6 hours that will prohibit entry within 
1,000 yards of Pierce County ferry Steilacoom II. It is categorically 
excluded from further review under paragraph L60 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

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.T13-0313 to read as follows:


Sec.  165.T13-0313  Safety Zone; Pierce County Ferry Steilacoom II, 
Puget Sound, WA.

    (a) Location. The following area is a moving safety zone: All 
navigable waters within a 1,000-yard radius around the Pierce County 
ferry Steilacoom II.
    (b) Definitions. As used in this section, a 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 Sector Puget Sound (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF Channel 16. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 8:30 
a.m. to 2:30 p.m. on May 13, 2021.


[[Page 25951]]


    Dated: May 5, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2021-10085 Filed 5-11-21; 8:45 am]
BILLING CODE 9110-04-P
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