Special Local Regulation; East Passage, Narragansett Bay, RI, 29691-29694 [2021-11689]

Download as PDF Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Rules and Regulations Issued in Washington, DC, on May 14, 2021. Wade Terrell, Aviation Safety Manager, Flight Procedures & Airspace Group, Flight Technologies and Procedures Division. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, 14 CRF part 97 is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721–44722. 2. Part 97 is amended to read as follows: khammond on DSKJM1Z7X2PROD with RULES ■ Effective 17 June 2021 Eagle, AK, PAEG, RNAV (GPS)–A, Orig-A Juneau, AK, PAJN, LDA X RWY 8, Amdt 12C King Salmon, AK, PAKN, VOR Y OR TACAN Y RWY 30, Amdt 12 St Mary’s, AK, St Mary’s, Takeoff Minimums and Obstacle DP, Amdt 2 Venetie, AK, PAVE, RNAV (GPS) RWY 4, Amdt 1 Venetie, AK, PAVE, RNAV (GPS) RWY 22, Amdt 1 White Mountain, AK, PAWM, RNAV (GPS) RWY 15, Amdt 1 White Mountain, AK, PAWM, RNAV (GPS) RWY 33, Amdt 1 Lakeland, FL, KLAL, ILS OR LOC RWY 9, ILS RWY 9 (SA CAT I), ILS RWY 9 (SA CAT II), Amdt 1A Lakeland, FL, KLAL, RNAV (GPS) RWY 5, Orig-G Lakeland, FL, KLAL, RNAV (GPS) RWY 9, Amdt 2E Lakeland, FL, KLAL, RNAV (GPS) RWY 23, Orig-E Lakeland, FL, KLAL, RNAV (GPS) RWY 27, Amdt 2D Venice, FL, KVNC, RNAV (GPS) RWY 13, Amdt 2 Venice, FL, KVNC, RNAV (GPS) RWY 31, Amdt 2 Lawrenceville, GA, KLZU, ILS OR LOC RWY 25, Amdt 3 Lawrenceville, GA, KLZU, RNAV (GPS) RWY 7, Amdt 1 Lawrenceville, GA, KLZU, RNAV (GPS) RWY 25, Amdt 1 Guam, GU, Guam Intl, Takeoff Minimums and Obstacle DP, Amdt 1A Perry, IA, KPRO, RNAV (GPS) RWY 32, Amdt 1B Gooding, ID, Gooding Muni, RNAV (GPS) RWY 7, Amdt 1 Gooding, ID, Gooding Muni, RNAV (GPS) RWY 25, Amdt 1 VerDate Sep<11>2014 16:04 Jun 02, 2021 Jkt 253001 Chicago/Waukegan, IL, KUGN, RNAV (GPS) RWY 5, Amdt 1 Gary, IN, KGYY, ILS OR LOC RWY 30, Amdt 7 Gary, IN, KGYY, RNAV (GPS) Y RWY 12, Amdt 3 Gary, IN, KGYY, RNAV (GPS) Y RWY 30, Amdt 2 Gary, IN, KGYY, RNAV (RNP) Z RWY 12, Amdt 2 Gary, IN, KGYY, RNAV (RNP) Z RWY 30, Amdt 2 Elizabethtown, KY, KEKX, ILS OR LOC RWY 5, Orig Elizabethtown, KY, KEKX, LOC RWY 5, Orig, CANCELLED Elizabethtown, KY, KEKX, RNAV (GPS) RWY 5, Amdt 1 Elizabethtown, KY, KEKX, RNAV (GPS) RWY 23, Orig-B Westfield/Springfield, MA, KBAF, ILS OR LOC RWY 20, Amdt 8C Augusta, ME, Augusta State, RNAV (GPS) RWY 8, Amdt 2 Eliot, ME, 3B4, RNAV (GPS) RWY 30, Amdt 1 Eliot, ME, 3B4, VOR–A, Amdt 2, CANCELLED International Falls, MN, KINL, COPTER ILS OR LOC RWY 31, Amdt 2 International Falls, MN, KINL, ILS OR LOC RWY 13, Amdt 2 International Falls, MN, KINL, ILS OR LOC RWY 31, Amdt 11 International Falls, MN, KINL, RNAV (GPS) RWY 14, Orig International Falls, MN, KINL, RNAV (GPS) RWY 32, Orig International Falls, MN, Falls Intl-Einarson Field, Takeoff Minimums and Obstacle DP, Amdt 4 Minneapolis, MN, KMSP, LOC RWY 22, Amdt 2 Ennis, MT, KEKS, RNAV (GPS) RWY 16, Amdt 2 Ennis, MT, KEKS, RNAV (GPS) RWY 34, Amdt 1 Lebanon, NH, KLEB, ILS OR LOC RWY 18, Amdt 7 Lebanon, NH, KLEB, VOR RWY 7, Amdt 1E, CANCELLED Lebanon, NH, KLEB, VOR RWY 25, Amdt 1C, CANCELLED Massena, NY, KMSS, RNAV (GPS) RWY 9, Amdt 2 Massena, NY, KMSS, RNAV (GPS) RWY 23, Amdt 2 Massena, NY, KMSS, RNAV (GPS) RWY 27, Amdt 2 New York, NY, KJFK, RNAV (GPS) Z RWY 13L, Orig-B Prineville, OR, S39, RNAV (GPS) RWY 11, Amdt 3 Prineville, OR, S39, RNAV (GPS) RWY 29, Amdt 3 Prineville, OR, Prineville, Takeoff Minimums and Obstacle DP, Amdt 2B Yankton, SD, KYKN, ILS OR LOC RWY 31, Amdt 5 Yankton, SD, KYKN, RNAV (GPS) RWY 13, Amdt 1 Yankton, SD, KYKN, RNAV (GPS) RWY 31, Amdt 1 Yankton, SD, Chan Gurney Muni, Takeoff Minimums and Obstacle DP, Amdt 3 Yankton, SD, KYKN, VOR RWY 13, Amdt 4 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 29691 Grand Prairie, TX, KGPM, RNAV (GPS) RWY 36, Orig-B Grand Prairie, TX, Grand Prairie Muni, Takeoff Minimums and Obstacle DP, Amdt 5A Grand Prairie, TX, KGPM, VOR RWY 36, Amdt 1B Springfield, VT, KVSF, LOC RWY 5, Amdt 5 Petersburg, WV, W99, COPTER RNAV (GPS) X RWY 31. Orig-A Petersburg, WV, W99, RNAV (GPS) Y RWY 31. Orig-B Petersburg, WV, W99, RNAV (GPS) Z RWY 31. Orig-B Rescinded: On April 19, 2021 (86 FR 20276), the FAA published an Amendment in Docket No. 31364 Amdt No. 3951, to Part 97 of the Federal Aviation Regulations under section 97.37. The following entry for Fairbanks, AK, effective June 17, 2021, is hereby rescinded in its entirety: Fairbanks, AK, Fairbanks Intl, Takeoff Minimums and Obstacle DP, Amdt 6B [FR Doc. 2021–11576 Filed 6–2–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2020–0035] RIN 1625–AA08 Special Local Regulation; East Passage, Narragansett Bay, RI Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is amending an existing special local regulation for certain waters of the East Passage, Narragansett Bay, RI. This action is necessary to provide for the safety of life on these navigable waters near East Passage, Narragansett Bay, RI, during a sail boat race. This regulation would prohibit persons and vessels from entering the special local regulation unless authorized by the Captain of the Port Sector Southeastern New England or a designated representative. DATES: This rule is effective July 6, 2021. FOR FURTHER INFORMATION CONTACT: If you have questions about this amended regulation, call or email LT Benjamin Aaronson, Waterways Management Division, U.S. Coast Guard; telephone (401) 435–2355, email D01-SMBSectorSENE-Waterways@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Southeastern New England E:\FR\FM\03JNR1.SGM 03JNR1 29692 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Rules and Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code Regulated area. The regulated area includes all waters of Narragansett Bay, Newport, RI, within the following points (NAD 83): II. Background Information and Regulatory History The Captain of the Port Sector Southeast New England (COTP) is amending an existing special local regulation found in 33 CFR 100.119 for certain waters of the East Passage, Narragansett Bay, RI. This action is necessary to provide for the safety of life on these navigable waters near East Passage, Narragansett Bay, RI, during a sail boat race requiring a limited access area restricting vessel traffic for safety purposes. On March 9, 2020, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Special Local Regulation; East Passage, Narragansett Bay, RI (85 FR 13595). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this special local regulation. During the comment period that ended April 8, 2020, two comments were recieved. khammond on DSKJM1Z7X2PROD with RULES III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. Based on the nature of this sailboat race, large numbers of participants and spectators, and event locations, the COTP has determined that the potential hazards associated with the event listed in this rule could pose a risk to participants or waterways users if the normal vessel traffic were to interfere with the events. Possible hazards include risks of injury or death from near or actual contact among participant vessels and spectators or mariners traversing through the regulated area. This purpose of this rule is to ensure the safety of all waterway users, including event participants, spectators, and vessels during this scheduled event. IV. Discussion of Comments, Changes, and the Rule As noted above, we received two comments on the NPRM published March 9, 2020 that were not relevant to this rulemaking. Both of these comments were submitted anonymously and unrelated to this rulemaking. There is one change in the regulatory text of this rule from the proposed rule in the NPRM. The last longitudinal coordinate of 072°22′83″ W was changed to 071°22′83″ W in the first regulated area due to a typing error. This rule amends a special local regulation found in 33 CFR 100.119 currently reads as follows: VerDate Sep<11>2014 16:04 Jun 02, 2021 Jkt 253001 Latitude 41°27′51″ 41°27′24″ 41°27′09″ 41°27′36″ Longitude N N N N 071°22′14″ 071°21′57″ 071°22′39″ 072°22′55″ W W W W In the event that weather conditions prohibit a safe race start within the approach to Newport Harbor, the race will begin offshore and the following regulated area applies (NAD 83): Latitude 41°26′04″ 41°25′36″ 41°25′45″ 41°25′49″ Longitude N N N N 071°22′16″ 071°21′58″ 071°22′40″ 071°22′56″ W W W W The amended regulation would be to expand the size of the first regulated area and to adjust the latitude and longitude of the second regulated area to encompass a new potential starting line for the race to accommodate for ideal weather parameters. The special local regulation would cover all navigable waters from an area just south of Rose Island expanding just past Castle Hill, RI, and also an area near Brenton Point. The amended location of the special local regulation is as follows: Latitude 41°29′13″ 41°29′41″ 41°27′27″ 41°27′45″ Longitude N N N N 071°20′07″ 071°20′87″ 071°22′00″ 071°22′83″ W W W W In the event that weather conditions prohibit a safe race start within the approach to Newport Harbor, the race will begin offshore and the following regulated area applies (NAD 83): Latitude 41°26′06″ 41°25′60″ 41°25′36″ 41°25′82″ Longitude N N N N 071°22′27″ 071°21′97″ 071°22′65″ 071°22′93″ W W W W The starting line will take place within one of the amended regulated areas and will be decided prior to the race pending current weather conditions. The starting line box will be the restricted part of the waterway within the regulated area and that exact location will be broadcasted prior to the race start. The duration of the special local regulation is intended to ensure the safety of vessels and these navigable waters before, during, and after the PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 scheduled sail boat race. No vessel or person is permitted to enter the special local regulation without obtaining permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or by phone at 508–457–3211. Persons and vessels permitted to enter this special local regulation must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or a designated representative. The COTP or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the special local regulation as well as any changes in the planned schedule. The regulatory text we are amending appears at the end of this document. 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, duration and time-of-day of the special local regulation. We expect the adverse economic impact to this area to be minimal. Although this regulation may have adverse impact on the impact, the potential impact will be minimized for the following reasons: The special local regulation will be in effect for a maximum of 6 hours during the day of the event; vessels will only be restricted from the area in the East Passage of the Narragansett Bay during those limited periods when the races are actually on going; there is an alternate route, the West Passage of Narragansett Bay, that does not add substantial transit time, is already routinely used by mariners, and will not be affected by this special local regulation. Moreover, the Coast Guard E:\FR\FM\03JNR1.SGM 03JNR1 29693 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Rules and Regulations would issue a Broadcast Notice to Mariners (BNMs) via VHF–FM marine channel 16 about the area, and the rule would allow vessels to seek permission to enter the area. 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 amended rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the special local regulation may be small entities, for the reasons stated in section IV.A above, this amended rule would 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). VerDate Sep<11>2014 16:04 Jun 02, 2021 Jkt 253001 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 amended rule involves a special local regulation lasting approximately 6 hours that would prohibit entry within the regulated area. Such actions are categorically excluded from further review under paragraph L 61 of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041. ■ 2. Revise § 100.119 to read as follows: § 100.119 Special Local Regulation; East Passage, Narragansett Bay, RI. (a) Regulated area. (1) The regulated area includes all waters of Narragansett Bay, Newport, RI, within the following points (NAD 83): Latitude 41°29′13″ 41°29′41″ 41°27′27″ 41°27′45″ N N N N Longitude 071°20′07″ 071°20′87″ 071°22′00″ 071°22′83″ W W W W (2) In the event that weather conditions prohibit a safe race start within the approach to Newport Harbor, the race will begin offshore and the following regulated area applies (NAD 83): Latitude 41°26′06″ 41°25′60″ 41°25′36″ 41°25′82″ N N N N Longitude 071°22′27″ 071°21′97″ 071°22′65″ 071°22′93″ W W W W (b) Effective period. This special local regulation is in effect biennially on a date and times published in the Local Notice to Mariners. (c) Special local regulations. (1) Entry into this area is prohibited unless authorized by the Captain of the Port Sector Southeastern New England (COTP) or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Southeastern New England. (2) Persons or vessels seeking to enter the regulated area must request permission from the COTP or a E:\FR\FM\03JNR1.SGM 03JNR1 29694 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Rules and Regulations designated representative on VHF–FM channel 16 or by telephone at 508–457– 3211. (3) Persons and vessels permitted to enter this regulated area must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. (d) Informational broadcasts. The COTP or a designated representative will inform the public through local notice to mariners and Broadcast Notices to Mariners of the enforcement period for the regulated area as well as any changes in the planned schedule. Dated: April 14, 2021. C.J. Glander, Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New England. [FR Doc. 2021–11689 Filed 6–2–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY I. General Information 40 CFR Part 180 [EPA–HQ–OPP–2019–0626; EPA–HQ–OPP– 2020–0082; and EPA–HQ–OPP–2020–0345; FRL–10022–28] Difenoconazole; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes tolerances for residues of difenoconazole in or on olive; olive, with pit; pepper, black; and persimmon, Japanese. Syngenta Crop Protection, LLC. and the American Spice Trade Association, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective June 3, 2021. Objections and requests for hearings must be received on or before August 2, 2021, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The dockets for these actions, identified by docket identification (ID) numbers EPA–HQ– OPP–2019–0626, EPA–HQ–OPP–2020– 0082, and EPA–HQ–OPP–2020–0345, are available at http:// www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:04 Jun 02, 2021 is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: Jkt 253001 A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Government Publishing Office’s eCFR site at http://www.ecfr.gov/cgi-bin/ text-idx?&c=ecfr&tpl=/ecfrbrowse/ Title40/40tab_02.tpl. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 identify docket ID number EPA–HQ– OPP–2019–0626, EPA–HQ–OPP–2020– 0082, and/or EPA–HQ–OPP–2020–0345 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before August 2, 2021. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2019–0626, EPA–HQ–OPP–2020–0082, and/or EPA–HQ–OPP–2020–0345, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http:// www.epa.gov/dockets. II. Summary of Petitioned-For Tolerance In the Federal Register of February 10, 2020 (85 FR 7499) (FRL–10004–54) and May 29, 2020 (85 FR 32338) (FRL– 10009–84), EPA issued documents pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of pesticide petitions (PP 9E8793 and PP 9E8814) by Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419–8300. In the Federal Register of September 10, 2020 (85 FR 55810) (FRL–10013–78), EPA issued documents pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 0E8834) by the American Spice Trade Association, Inc., 1101 17th St. NW, Suite 700, Washington, DC 20036. The petitions requested that 40 CFR 180.475 be E:\FR\FM\03JNR1.SGM 03JNR1

Agencies

[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Rules and Regulations]
[Pages 29691-29694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11689]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0035]
RIN 1625-AA08


Special Local Regulation; East Passage, Narragansett Bay, RI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending an existing special local 
regulation for certain waters of the East Passage, Narragansett Bay, 
RI. This action is necessary to provide for the safety of life on these 
navigable waters near East Passage, Narragansett Bay, RI, during a sail 
boat race. This regulation would prohibit persons and vessels from 
entering the special local regulation unless authorized by the Captain 
of the Port Sector Southeastern New England or a designated 
representative.

DATES: This rule is effective July 6, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
amended regulation, call or email LT Benjamin Aaronson, Waterways 
Management Division, U.S. Coast Guard; telephone (401) 435-2355, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England

[[Page 29692]]

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 Captain of the Port Sector Southeast New England (COTP) is 
amending an existing special local regulation found in 33 CFR 100.119 
for certain waters of the East Passage, Narragansett Bay, RI. This 
action is necessary to provide for the safety of life on these 
navigable waters near East Passage, Narragansett Bay, RI, during a sail 
boat race requiring a limited access area restricting vessel traffic 
for safety purposes.
    On March 9, 2020, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Special Local Regulation; East Passage, 
Narragansett Bay, RI (85 FR 13595). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this special local regulation. During the comment period that ended 
April 8, 2020, two comments were recieved.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. Based on the nature of this sailboat race, large numbers of 
participants and spectators, and event locations, the COTP has 
determined that the potential hazards associated with the event listed 
in this rule could pose a risk to participants or waterways users if 
the normal vessel traffic were to interfere with the events. Possible 
hazards include risks of injury or death from near or actual contact 
among participant vessels and spectators or mariners traversing through 
the regulated area. This purpose of this rule is to ensure the safety 
of all waterway users, including event participants, spectators, and 
vessels during this scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on the NPRM published 
March 9, 2020 that were not relevant to this rulemaking. Both of these 
comments were submitted anonymously and unrelated to this rulemaking. 
There is one change in the regulatory text of this rule from the 
proposed rule in the NPRM. The last longitudinal coordinate of 
072[deg]22'83'' W was changed to 071[deg]22'83'' W in the first 
regulated area due to a typing error.
    This rule amends a special local regulation found in 33 CFR 100.119 
currently reads as follows:
    Regulated area. The regulated area includes all waters of 
Narragansett Bay, Newport, RI, within the following points (NAD 83):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]27'51'' N                     071[deg]22'14'' W
41[deg]27'24'' N                     071[deg]21'57'' W
41[deg]27'09'' N                     071[deg]22'39'' W
41[deg]27'36'' N                     072[deg]22'55'' W
------------------------------------------------------------------------

    In the event that weather conditions prohibit a safe race start 
within the approach to Newport Harbor, the race will begin offshore and 
the following regulated area applies (NAD 83):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]26'04'' N                     071[deg]22'16'' W
41[deg]25'36'' N                     071[deg]21'58'' W
41[deg]25'45'' N                     071[deg]22'40'' W
41[deg]25'49'' N                     071[deg]22'56'' W
------------------------------------------------------------------------

    The amended regulation would be to expand the size of the first 
regulated area and to adjust the latitude and longitude of the second 
regulated area to encompass a new potential starting line for the race 
to accommodate for ideal weather parameters. The special local 
regulation would cover all navigable waters from an area just south of 
Rose Island expanding just past Castle Hill, RI, and also an area near 
Brenton Point. The amended location of the special local regulation is 
as follows:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]29'13'' N                     071[deg]20'07'' W
41[deg]29'41'' N                     071[deg]20'87'' W
41[deg]27'27'' N                     071[deg]22'00'' W
41[deg]27'45'' N                     071[deg]22'83'' W
------------------------------------------------------------------------

    In the event that weather conditions prohibit a safe race start 
within the approach to Newport Harbor, the race will begin offshore and 
the following regulated area applies (NAD 83):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]26'06'' N                     071[deg]22'27'' W
41[deg]25'60'' N                     071[deg]21'97'' W
41[deg]25'36'' N                     071[deg]22'65'' W
41[deg]25'82'' N                     071[deg]22'93'' W
------------------------------------------------------------------------

    The starting line will take place within one of the amended 
regulated areas and will be decided prior to the race pending current 
weather conditions. The starting line box will be the restricted part 
of the waterway within the regulated area and that exact location will 
be broadcasted prior to the race start. The duration of the special 
local regulation is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the scheduled sail boat 
race. No vessel or person is permitted to enter the special local 
regulation without obtaining permission from the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16 or by phone 
at 508-457-3211. Persons and vessels permitted to enter this special 
local regulation must transit at their slowest safe speed and comply 
with all lawful directions issued by the COTP or a designated 
representative. The COTP or a designated representative will inform the 
public through broadcast notices to mariners of the enforcement period 
for the special local regulation as well as any changes in the planned 
schedule. The regulatory text we are amending appears at the end of 
this document.

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, duration and time-of-day of the special local regulation. We 
expect the adverse economic impact to this area to be minimal. Although 
this regulation may have adverse impact on the impact, the potential 
impact will be minimized for the following reasons: The special local 
regulation will be in effect for a maximum of 6 hours during the day of 
the event; vessels will only be restricted from the area in the East 
Passage of the Narragansett Bay during those limited periods when the 
races are actually on going; there is an alternate route, the West 
Passage of Narragansett Bay, that does not add substantial transit 
time, is already routinely used by mariners, and will not be affected 
by this special local regulation. Moreover, the Coast Guard

[[Page 29693]]

would issue a Broadcast Notice to Mariners (BNMs) via VHF-FM marine 
channel 16 about the area, and the rule would allow vessels to seek 
permission to enter the area.

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 
amended rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
special local regulation may be small entities, for the reasons stated 
in section IV.A above, this amended rule would 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 amended rule involves 
a special local regulation lasting approximately 6 hours that would 
prohibit entry within the regulated area. Such actions are 
categorically excluded from further review under paragraph L 61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.

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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041.


0
2. Revise Sec.  100.119 to read as follows:


Sec.  100.119   Special Local Regulation; East Passage, Narragansett 
Bay, RI.

    (a) Regulated area. (1) The regulated area includes all waters of 
Narragansett Bay, Newport, RI, within the following points (NAD 83):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]29'13'' N                     071[deg]20'07'' W
41[deg]29'41'' N                     071[deg]20'87'' W
41[deg]27'27'' N                     071[deg]22'00'' W
41[deg]27'45'' N                     071[deg]22'83'' W
------------------------------------------------------------------------

    (2) In the event that weather conditions prohibit a safe race start 
within the approach to Newport Harbor, the race will begin offshore and 
the following regulated area applies (NAD 83):

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]26'06'' N                     071[deg]22'27'' W
41[deg]25'60'' N                     071[deg]21'97'' W
41[deg]25'36'' N                     071[deg]22'65'' W
41[deg]25'82'' N                     071[deg]22'93'' W
------------------------------------------------------------------------

    (b) Effective period. This special local regulation is in effect 
biennially on a date and times published in the Local Notice to 
Mariners.
    (c) Special local regulations. (1) Entry into this area is 
prohibited unless authorized by the Captain of the Port Sector 
Southeastern New England (COTP) or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Sector Southeastern New England.
    (2) Persons or vessels seeking to enter the regulated area must 
request permission from the COTP or a

[[Page 29694]]

designated representative on VHF-FM channel 16 or by telephone at 508-
457-3211.
    (3) Persons and vessels permitted to enter this regulated area must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through local notice to mariners 
and Broadcast Notices to Mariners of the enforcement period for the 
regulated area as well as any changes in the planned schedule.

    Dated: April 14, 2021.
C.J. Glander,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New 
England.
[FR Doc. 2021-11689 Filed 6-2-21; 8:45 am]
BILLING CODE 9110-04-P