Safety Zone; Upper Mississippi River, Mile Marker 579.7 Approximately 1,000 Feet Northwest of the Ulysses S. Grant Memorial Hwy., Dubuque, IA, 37677-37679 [2021-15177]
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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations
superseded by statute, regulation, and
policy and, therefore, can be removed
from the Code of Federal Regulations
(CFR).
DATES: This rule is effective on July 16,
2021.
FOR FURTHER INFORMATION CONTACT:
Jason M. Beck, (703) 697–1735 (desk);
571–309–0478 (mobile).
SUPPLEMENTARY INFORMATION: This final
rule removes the DoD regulations at 32
CFR part 169, most recently updated on
May 19, 1989 (54 FR 21726), and 32
CFR part 169a, most recently updated
on July 1, 1992 (57 FR 29207), because
they are obsolete. This action is
predicated on reissued guidance and
policy from the Office of Management
and Budget (OMB), cancellation of
associated DoD policies, and the
enactment of statute in title 10 of the
United States Code (U.S.C.).
The content of 32 CFR part 169 was
based on the DoD policy document, DoD
Instruction 4100.15, ‘‘Commercial
Activities Program,’’ which was
subsequently cancelled on July 10,
2013, because it was obsolete. The
content of 32 CFR part 169a was based
on the DoD policy document, DoD
Instruction 4100.33, ‘‘Commercial
Activities Program Procedures,’’ which
was also subsequently cancelled on
March 4, 2011, because it was obsolete.
DoD’s commercial activities program
was based on a previous version of OMB
Circular A–76, ‘‘Performance of
Commercial Activities,’’ which was
rescinded and replaced in May 2003
(available at https://
www.whitehouse.gov/sites/
whitehouse.gov/files/omb/circulars/
A76/a76_incl_tech_correction.pdf).
In addition to the cancellation of the
associated DoD Instructions for parts
169 and 169a that deem the rules
obsolete, the subject matter aligned to
these rules have substantially changed
and been addressed in other areas. For
example, 10 U.S.C. 2330a and 10 U.S.C.
2461 were enacted in 2008 and 1996,
respectively; the Federal Activities
Inventory Reform (FAIR) Act was
enacted in 1998; the definitions and
policy in the Federal Acquisition
Regulation (FAR) Parts 2, 7.3, and 7.5,
as well as the Defense Federal
Acquisition Regulation Supplement
(DFARS) 207.5 were changed to reflect
the new rules in the FAIR Act and the
2003 version of OMB Circular A–76;
and the Office of Federal Procurement
Policy (OFPP) issued Policy Letter 11–
01, ‘‘Performance of Inherently
Governmental and Critical Functions,’’
in 2011 (76 FR 56227). These laws,
regulations, and Federal policies all
substantially address the policy space
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covered by 32 CFR parts 169 and 169a.
The FAIR Act, for example, establishes
in law the framework of inherently
governmental and commercial activities
functions, while 10 U.S.C. 2461
establishes the requirement for public/
private competitions before conversion
to contractor performance—
competitions which are covered under
OMB Circular A–76. The FAR and
DFARS regulations, as well as OFPP
Policy Letter 11–01, go even farther than
the FAIR Act and delineate additional
categories of functions (such as closely
associated with inherently
governmental and critical) which are
not mentioned in 32 CFR 169 and 169a.
Similarly, 10 U.S.C. 2330a establishes
law for the collection of contract
services data, another area related to the
commercial activities discussed in 32
CFR 169 and 169a, but not covered by
them.
Additionally, the OMB Circular A–76
public-private competition process has
been under a Congressional moratorium
since 2008. If the moratorium were
lifted, the rules would still be
considered obsolete and unnecessary,
and promulgating new rules would be
unnecessary due to the inclusion of
language in title 10 U.S.C., the FAR,
DFARS, and elsewhere in executive
agency policy, as previously noted.
These acts and policies address and
cover the intent of parts 169 and 169a
and, therefore, no longer make them
applicable and worthy of staying active.
Furthermore, not only are parts 169 and
169a unnecessary, they are no longer
current with the statutory, regulatory,
and policy framework that governs the
acquisition of services and functions in
the Total Force Management policy
space.
It has been determined that
publication of these CFR part removals
for public comment is impracticable,
unnecessary, and contrary to public
interest since they are based on the
removal of obsolete information. These
removals are not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review.’’
List of Subjects in 32 CFR Parts 169 and
169a
Accordingly, the Department of
Defense amends 32 CFR chapter I as
follows:
PART 169—[REMOVED]
1. Under the authority of 5 U.S.C. 301,
32 CFR part 169 is removed.
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PART 169a—[REMOVED]
2. Under the authority of 5 U.S.C. 301,
32 CFR part 169a is removed.
■
Dated: July 13, 2021.
Kayyonne T. Marston,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2021–15163 Filed 7–15–21; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0470]
RIN 1625–AA00
Safety Zone; Upper Mississippi River,
Mile Marker 579.7 Approximately 1,000
Feet Northwest of the Ulysses S. Grant
Memorial Hwy., Dubuque, IA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Upper
Mississippi River at mile marker 579.7
extending 500 feet from the left
decending bank approximately 1,000
feet northwest of the Ulysses S. Grant
Memorial Hwy. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by a fireworks
display. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Upper Mississippi River
or a designated representative.
DATES: This rule is effective on July 17,
2021, from 9 p.m. through 10:30 p.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0470 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email Lieutenant Commander Stephanie
Moore, Sector Upper Mississippi River
Waterways Management Division, U.S.
Coast Guard; telephone 314–269–2560,
email Stephanie.R.Moore@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Armed forces, Government
procurement.
■
37677
I. Table of Abbreviations
CFR
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Code of Federal Regulations
16JYR1
37678
Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
because it is impracticable. We must
establish this safety zone by July 17,
2021, and lack 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 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 Sector Upper
Mississippi River (COTP) has
determined that potential hazards
associated with a fireworks display on
July 17, 2021, will be a safety concern
for anyone on the Upper Mississippi
River at Mile Marker (MM) 579.7. This
rule resulted from a marine event
notification stating that there will be a
fireworks display to celebrate a wedding
on the Upper Mississippi River. 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
fireworks display.
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IV. Discussion of the Rule
This rule establishes a safety zone on
Upper Mississippi River at 9 p.m.
through 10:30 p.m. The safety zone will
cover all navigable waters of the Upper
Mississippi River at mile marker 579.7
approximately 1,000 feet northwest of
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the Ulysses S. Grant Memorial Hwy.
The duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters before, during, and after a
fireworks display. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units
under the operational control of USCG
Sector Upper Mississippi River.
The COTP or a designated
representative will inform the public of
the enforcement date and times for this
safety zone, as well as any emergent
safety concerns that may delay the
enforcement of the 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 the size, location, and
duration of the temporary safety zone.
This action involves a fireworks display
that impacts a one half mile stretch of
the Upper Mississippi River on July 17,
2021, from 9 p.m. through 10:30 p.m.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the safety
zone, mariners may seek permission to
enter 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.
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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
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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations
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 one hour and thirty
minutes that will prohibit entry on the
Upper Mississippi River at MM 579.7,
extending 500 feet from the left
decending bank. It is categorically
excluded from further review under
paragraph L60 in Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 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
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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.
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37679
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF EDUCATION
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Final Waiver and Extension of the
Project Periods for the Equity
Assistance Centers Grant Program
1. The authority citation for part 165
continues to read as follows:
AGENCY:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0470 to read as
follows:
■
§ 165.T08–0470 Safety Zone; Upper
Mississippi River, Mile Marker 579.7,
Dubuque, IA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River at mile marker
579.7 extending 500 feet from the left
decending bank approximately 1,000
feet northwest of the Ulysses S. Grant
Memorial Hwy.
(b) Enforcement period. This section
will be enforced on July 17, 2021, from
9 p.m. through 10:30 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23,
persons and vessels are prohibited from
entering the safety zone unless
authorized by the Captain of the Port
Sector Upper Mississippi River (COTP)
or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Sector Upper Mississippi River.
(2) Persons or vessels desiring to enter
into or pass through the zone must
request permission from the COTP or a
designated representative. They may be
contacted on VHF radio Channel 16 or
by telephone at 314–269–2332.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative while
navigating in the regulated area.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement date and times for this
safety zone, as well as any emergent
safety concerns that may delay the
enforcement of the zone through
Broadcast Notice to Mariners (BNM) and
or Local Notices to Mariners (LNMs).
Dated: July 13, 2021.
C.J. Barger,
Commander, Acting Captain of the Port, U.S.
Coast Guard.
[FR Doc. 2021–15177 Filed 7–15–21; 8:45 am]
BILLING CODE 9110–04–P
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34 CFR Chapter II
Office of Elementary and
Secondary Education (OESE),
Department of Education.
ACTION: Final waiver and extension of
project periods.
The Secretary waives the
requirements in the Education
Department General Administrative
Regulations that generally prohibit
project periods exceeding five years and
project period extensions involving the
obligation of additional Federal funds.
The waiver and extension enable four
projects under Assistance Listing
Number (ALN) 84.004D to receive
funding for an additional period, not to
exceed September 30, 2022.
DATES: The waiver and extension of the
project periods are effective July 16,
2021.
FOR FURTHER INFORMATION CONTACT: Ed
Vitelli, U.S. Department of Education,
400 Maryland Avenue SW, Room
3E106, Washington, DC 20202.
Telephone: 202–453–6203. Email:
Edward.Vitelli@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On July 18, 2016, the Department of
Education (Department) published in
the Federal Register (81 FR 46820) a
notice inviting applications for four
projects for fiscal year (FY) 2016 under
the Equity Assistance Centers (EAC)
program, authorized under title IV of the
Civil Rights Act of 1964, 42 U.S.C.
2000c–2000c–2, 2000c–5.
The purpose of the EAC projects is to
provide technical assistance (including
training) at the request of school boards
and other responsible governmental
agencies in the preparation, adoption,
and implementation of plans for the
desegregation of public schools, and in
the development of effective methods of
coping with special educational
problems occasioned by desegregation.
Desegregation assistance, per 34 CFR
270.4, may include, among other
activities: (1) Dissemination of
information regarding effective methods
of coping with special educational
problems occasioned by desegregation;
(2) assistance and advice in coping with
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]]>Agencies
[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Rules and Regulations]
[Pages 37677-37679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15177]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0470]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Mile Marker 579.7
Approximately 1,000 Feet Northwest of the Ulysses S. Grant Memorial
Hwy., Dubuque, IA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Upper Mississippi River at mile marker
579.7 extending 500 feet from the left decending bank approximately
1,000 feet northwest of the Ulysses S. Grant Memorial Hwy. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a fireworks display.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Upper
Mississippi River or a designated representative.
DATES: This rule is effective on July 17, 2021, from 9 p.m. through
10:30 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0470 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 Lieutenant Commander Stephanie Moore, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone 314-269-2560, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
[[Page 37678]]
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 because it is impracticable. We must
establish this safety zone by July 17, 2021, and lack 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 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 Sector Upper
Mississippi River (COTP) has determined that potential hazards
associated with a fireworks display on July 17, 2021, will be a safety
concern for anyone on the Upper Mississippi River at Mile Marker (MM)
579.7. This rule resulted from a marine event notification stating that
there will be a fireworks display to celebrate a wedding on the Upper
Mississippi River. 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 fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone on Upper Mississippi River at 9
p.m. through 10:30 p.m. The safety zone will cover all navigable waters
of the Upper Mississippi River at mile marker 579.7 approximately 1,000
feet northwest of the Ulysses S. Grant Memorial Hwy. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters before, during, and after a
fireworks display. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard (USCG) assigned to units under
the operational control of USCG Sector Upper Mississippi River.
The COTP or a designated representative will inform the public of
the enforcement date and times for this safety zone, as well as any
emergent safety concerns that may delay the enforcement of the 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 the size,
location, and duration of the temporary safety zone. This action
involves a fireworks display that impacts a one half mile stretch of
the Upper Mississippi River on July 17, 2021, from 9 p.m. through 10:30
p.m. Moreover, the Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the safety zone, mariners
may seek permission to enter 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
[[Page 37679]]
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 one hour and thirty minutes that will prohibit
entry on the Upper Mississippi River at MM 579.7, extending 500 feet
from the left decending bank. It is categorically excluded from further
review under paragraph L60 in Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 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.T08-0470 to read as follows:
Sec. 165.T08-0470 Safety Zone; Upper Mississippi River, Mile Marker
579.7, Dubuque, IA.
(a) Location. The following area is a safety zone: All navigable
waters of the Upper Mississippi River at mile marker 579.7 extending
500 feet from the left decending bank approximately 1,000 feet
northwest of the Ulysses S. Grant Memorial Hwy.
(b) Enforcement period. This section will be enforced on July 17,
2021, from 9 p.m. through 10:30 p.m.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, persons and vessels are prohibited from entering the
safety zone unless authorized by the Captain of the Port Sector Upper
Mississippi River (COTP) or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units under the operational control of
USCG Sector Upper Mississippi River.
(2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF radio Channel 16 or by
telephone at 314-269-2332.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative while
navigating in the regulated area.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone, as well as any emergent safety concerns that may
delay the enforcement of the zone through Broadcast Notice to Mariners
(BNM) and or Local Notices to Mariners (LNMs).
Dated: July 13, 2021.
C.J. Barger,
Commander, Acting Captain of the Port, U.S. Coast Guard.
[FR Doc. 2021-15177 Filed 7-15-21; 8:45 am]
BILLING CODE 9110-04-P
