Safety Zone; Upper Potomac River, Washington, DC, 33888-33890 [2021-13727]

Download as PDF 33888 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations Sector Puget Sound Waterways Management Division, U.S. Coast Guard; telephone 206–217–6051, email SectorPugetSoundWWM@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard normally enforces the safety zone in 33 CFR 165.1319 for the Seattle Seafair Air Show Performance held in Lake Washington, Seattle, WA. This event is typically held annually during last week of July and the first 2 weeks of August. This year, the event organizers cancelled Seafair. Therefore, the Coast Guard does not plan to enforce the safety zone in 33 CFR 165.1319 in July or August 2021. In addition to this notification of nonenforcement in the Federal Register, if the situation changes and the Captain of the Port Sector Puget Sound (COTP) determines that the regulated area needs to be enforced, the COTP will issue a Broadcast Notice to Mariners and provide actual notice of enforcement to any persons in the regulated area. Dated: June 21, 2021. P.M. Hilbert, Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound. [FR Doc. 2021–13721 Filed 6–25–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0457] RIN 1625–AA00 Safety Zone; Upper Potomac River, Washington, DC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for certain waters of the Upper Potomac River. The safety zone is needed to protect personnel, vessels, and the marine environment on these navigable waters at Washington, DC, on July 4, 2021, (with alternate date of July 5, 2021) from potential hazards during a fireworks display to commemorate the July 4th holiday. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Maryland-National Capital Region or a designated representative. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: This rule is effective from 8 p.m. on July 4, 2021, through 11 p.m. on July 5, 2021. DATES: VerDate Sep<11>2014 15:59 Jun 25, 2021 Jkt 253001 To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0457 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ron Houck, Sector Maryland—National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410–576–2674, email Ronald.L.Houck@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 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 it is impracticable and contrary to the public interest to publish an NPRM because we must take immediate action to establish this safety zone by July 4, 2021, to respond to potential safety hazards associated with the the fireworks display. Potential safety hazards include the accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. Event planners did not notify the Coast Guard of the event until June 17, 2021. 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 impracticable because immediate action is needed to respond to the potential safety hazards associated with the fireworks display. 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, Maryland—National PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 Capital Region (COTP) has determined that potential hazards associated with the fireworks to be used in this July 4, 2021, display will be a safety concern for anyone near these fireworks discharge sites. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone before, during, and after the scheduled event. IV. Discussion of the Rule This rule establishes a temporary safety zone from 8 p.m. on July 4, 2021, to 11 p.m. on July 5, 2021. The safety zone will cover all navigable waters of the Upper Potomac River, including the Tidal Basin, encompassed by a line connecting the following points: Beginning at the shoreline of West Potomac Park at position latitude 38°53′04.2″ N, longitude 077°02′52.7″ W, thence southwest to latitude 38°52′57.1″ N, longitude 077°02′59.9″ W, thence southeast to the northern extent of the George Mason Bridge at latitude 38°52′36.9″ N, longitude 077°02′29.0″ W, thence northeast along the bridge to the shoreline at latitude 38°52′44.1″ N, longitude 077°02′21.8″ W, thence west and north along the shoreline to latitude 38°52′55.6″ N, longitude 077°02′15.0″ W, thence northwest across the Tidal Basin to the shoreline at latitude 38°53′11.3″ N, longitude 077°02′27.9″ W, thence south and west along the shoreline to and terminating at the point of origin located in Washington, DC. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters before, during, and after the scheduled 9:09 to 9:20 p.m. fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ‘‘significant regulatory action’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the E:\FR\FM\28JNR1.SGM 28JNR1 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations Office of Management and Budget (OMB). This regulatory action determination is based on the location, duration, and time-of-day of the safety zone. Vessel traffic will be able to safely transit around this safety zone, which will impact a small designated area of the Upper Potomac River for 3 hours during the evening when vessel traffic is normally low. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone. 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 15:59 Jun 25, 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 safety zone lasting only 3 hours that will prohibit entry within a portion of the Upper Potomac River, including the Tidal Basin. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 33889 Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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.T05–0457 to read as follows: ■ § 165.T05–0457 Safety Zone; Upper Potomac River, Washington, DC. (a) Location. The following area is a safety zone: All navigable waters of the Upper Potomac River, including the Tidal Basin, encompassed by a line connecting the following points: Beginning at the shoreline of West Potomac Park at position latitude 38°53′04.2″ N, longitude 077°02′52.7″ W, thence southwest to latitude 38°52′57.1″ N, longitude 077°02′59.9″ W, thence southeast to the northern extent of the George Mason Bridge at latitude 38°52′36.9″ N, longitude 077°02′29.0″ W, thence northeast along the bridge to the shoreline at latitude 38°52′44.1″ N, longitude 077°02′21.8″ W, thence west and north along the shoreline to latitude 38°52′55.6″ N, longitude 077°02′15.0″ W, thence northwest across the Tidal Basin to the shoreline at latitude 38°53′11.3″ N, longitude 077°02′27.9″ W, thence south and west along the shoreline to and terminating at the point of origin, located in Washington, DC. These coordinates are based on datum NAD 1983. E:\FR\FM\28JNR1.SGM 28JNR1 33890 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations (b) Definitions. As used in this section— Captain of the Port (COTP) means the Commander, U.S. Coast Guard Sector Maryland—National Capital Region. Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Maryland— National Capital Region to assist in enforcing the safety zone described in paragraph (a) of this section. (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 telephone at 410–576– 2693 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF–FM channel 16 (156.8 MHz). (3) 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 officials. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement period. This section will be enforced from 8 p.m. to 11 p.m. on July 4, 2021, or if necessary due to inclement weather on July 4, 2021, from 8 p.m. to 11 p.m. on July 5, 2021. Dated: June 22, 2021. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port Maryland—National Capital Region. [FR Doc. 2021–13727 Filed 6–25–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2019–0515; FRL–10021–90] 1-Aminocyclopropane-1-Carboxylic Acid (1–ACC); Exemption From the Requirement of a Tolerance khammond on DSKJM1Z7X2PROD with RULES A. Does this action apply to me? This regulation establishes an exemption from the requirement of a tolerance for residues of the plant growth regulator 1-aminocyclopropane1-carboxylic acid (1–ACC) in or on apples and stone fruit when used in VerDate Sep<11>2014 15:59 Jun 25, 2021 Jkt 253001 The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2019–0515, is 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 is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. 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: Charles Smith, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: BPPDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. General Information Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: accordance with good agricultural practices. Valent BioSciences, LLC., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance for residues of the plant growth regulator 1aminocyclopropane-1-carboxylic acid (1–ACC) in or on apples and stone fruit when used in accordance with good agricultural practices. This regulation eliminates the need to establish a maximum permissible level for residues of 1-aminocyclopropane-1-carboxylic acid (1–ACC). DATES: This regulation is effective June 28, 2021. Objections and requests for hearings must be received on or before August 27, 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). 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 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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 40 CFR part 180 through the Government Publishing Office’s e-CFR site at http:// www.ecfr.gov/cgi-bin/textidx?&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, 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 identify docket ID number EPA–HQ– OPP–2019–0515 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 27, 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– 2019–0515, 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 E:\FR\FM\28JNR1.SGM 28JNR1

Agencies

[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Rules and Regulations]
[Pages 33888-33890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13727]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0457]
RIN 1625-AA00


Safety Zone; Upper Potomac River, Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Upper Potomac River. The safety zone is needed to 
protect personnel, vessels, and the marine environment on these 
navigable waters at Washington, DC, on July 4, 2021, (with alternate 
date of July 5, 2021) from potential hazards during a fireworks display 
to commemorate the July 4th holiday. Entry of vessels or persons into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port, Maryland-National Capital Region or a designated 
representative.

DATES: This rule is effective from 8 p.m. on July 4, 2021, through 11 
p.m. on July 5, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0457 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ron Houck, Sector Maryland--National Capital Region 
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, 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 it is 
impracticable and contrary to the public interest to publish an NPRM 
because we must take immediate action to establish this safety zone by 
July 4, 2021, to respond to potential safety hazards associated with 
the the fireworks display. Potential safety hazards include the 
accidental discharge of fireworks, dangerous projectiles, and falling 
hot embers or other debris. Event planners did not notify the Coast 
Guard of the event until June 17, 2021.
    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 impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the fireworks 
display.

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, Maryland--
National Capital Region (COTP) has determined that potential hazards 
associated with the fireworks to be used in this July 4, 2021, display 
will be a safety concern for anyone near these fireworks discharge 
sites. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone 
before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 p.m. on July 
4, 2021, to 11 p.m. on July 5, 2021. The safety zone will cover all 
navigable waters of the Upper Potomac River, including the Tidal Basin, 
encompassed by a line connecting the following points: Beginning at the 
shoreline of West Potomac Park at position latitude 38[deg]53'04.2'' N, 
longitude 077[deg]02'52.7'' W, thence southwest to latitude 
38[deg]52'57.1'' N, longitude 077[deg]02'59.9'' W, thence southeast to 
the northern extent of the George Mason Bridge at latitude 
38[deg]52'36.9'' N, longitude 077[deg]02'29.0'' W, thence northeast 
along the bridge to the shoreline at latitude 38[deg]52'44.1'' N, 
longitude 077[deg]02'21.8'' W, thence west and north along the 
shoreline to latitude 38[deg]52'55.6'' N, longitude 077[deg]02'15.0'' 
W, thence northwest across the Tidal Basin to the shoreline at latitude 
38[deg]53'11.3'' N, longitude 077[deg]02'27.9'' W, thence south and 
west along the shoreline to and terminating at the point of origin 
located in Washington, DC. The duration of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters before, during, and after the scheduled 9:09 to 9:20 
p.m. fireworks display. No vessel or person will be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action'' under Executive Order 12866. Accordingly, this rule 
has not been reviewed by the

[[Page 33889]]

Office of Management and Budget (OMB).
    This regulatory action determination is based on the location, 
duration, and time-of-day of the safety zone. Vessel traffic will be 
able to safely transit around this safety zone, which will impact a 
small designated area of the Upper Potomac River for 3 hours during the 
evening when vessel traffic is normally low. Moreover, the Coast Guard 
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone.

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 
safety zone lasting only 3 hours that will prohibit entry within a 
portion of the Upper Potomac River, including the Tidal Basin. 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. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T05-0457 to read as follows:


Sec.  165.T05-0457   Safety Zone; Upper Potomac River, Washington, DC.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Upper Potomac River, including the Tidal Basin, 
encompassed by a line connecting the following points: Beginning at the 
shoreline of West Potomac Park at position latitude 38[deg]53'04.2'' N, 
longitude 077[deg]02'52.7'' W, thence southwest to latitude 
38[deg]52'57.1'' N, longitude 077[deg]02'59.9'' W, thence southeast to 
the northern extent of the George Mason Bridge at latitude 
38[deg]52'36.9'' N, longitude 077[deg]02'29.0'' W, thence northeast 
along the bridge to the shoreline at latitude 38[deg]52'44.1'' N, 
longitude 077[deg]02'21.8'' W, thence west and north along the 
shoreline to latitude 38[deg]52'55.6'' N, longitude 077[deg]02'15.0'' 
W, thence northwest across the Tidal Basin to the shoreline at latitude 
38[deg]53'11.3'' N, longitude 077[deg]02'27.9'' W, thence south and 
west along the shoreline to and terminating at the point of origin, 
located in Washington, DC. These coordinates are based on datum NAD 
1983.

[[Page 33890]]

    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard 
Sector Maryland--National Capital Region.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland--National Capital Region to assist in enforcing the 
safety zone described in paragraph (a) of this section.
    (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 telephone at 410-576-2693 or on Marine Band Radio 
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this 
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 
MHz).
    (3) 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 officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the safety zone by Federal, State, and 
local agencies.
    (e) Enforcement period. This section will be enforced from 8 p.m. 
to 11 p.m. on July 4, 2021, or if necessary due to inclement weather on 
July 4, 2021, from 8 p.m. to 11 p.m. on July 5, 2021.

    Dated: June 22, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National 
Capital Region.
[FR Doc. 2021-13727 Filed 6-25-21; 8:45 am]
BILLING CODE 9110-04-P