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]

Download as PDF jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations superseded by statute, regulation, and policy and, therefore, can be removed from the Code of Federal Regulations (CFR).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program was based on a previous version of OMB Circular A–76, ‘‘Performance of Commercial Activities,’’ which was rescinded and replaced in May 2003 (available at https:// www.whitehouse.gov/sites/ whitehouse.gov/files/omb/circulars/ A76/a76_incl_tech_correction.pdf).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 VerDate Sep<11>2014 15:56 Jul 15, 2021 Jkt 253001 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. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 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 E:\FR\FM\16JYR1.SGM 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. jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 15:56 Jul 15, 2021 Jkt 253001 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. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 E:\FR\FM\16JYR1.SGM 16JYR1 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 jbell on DSKJLSW7X2PROD with RULES 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. VerDate Sep<11>2014 15:56 Jul 15, 2021 Jkt 253001 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 E:\FR\FM\16JYR1.SGM 16JYR1

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


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