Safety Zone; Monongahela River Mile 96.0 to Mile 97.0, Maidsville, WV, 40390-40392 [2021-15928]
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40390
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Proposed Rules
Documents mentioned in this NPRM
as being available in this docket and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
DHS Delegation No. 0170.1.
2. In § 117.400 add paragraph (c) to
read as follows:
■
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
Indiana Harbor Canal.
*
*
*
*
*
(c). The Indianapolis Boulevard
Bridge, mile 2.59, at East Chicago, shall
open on signal if at least twelve hours’
notice is given.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2021–15488 Filed 7–27–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0531]
RIN 1625–AA00
Safety Zone; Monongahela River Mile
96.0 to Mile 97.0, Maidsville, WV
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
mile 96.0 to mile 97.0 of the
Monongahela River. This action is
necessary to provide for the safety of the
life on these navigable water near
Maidsville, WV during a pipe and
diffuser underwater installation from
August 23, 2021 through August 25,
2021. This proposed rulemaking would
prohibit persons and vessels from
entering the safety zone unless
authorized by the Captain of the Port
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
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16:59 Jul 27, 2021
Jkt 253001
If
you have questions about this proposed
rulemaking, call or email MST3
Matthew Izso, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone
412–221–0807, email Matthew.R.Izso@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
§ 117.400
Pittsburgh (COTP) or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 12, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0531 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On July 6, 2021, the Brayman
Construction Corporation notified the
Coast Guard that it will be conducting
an underwater pipe and diffuser
installation for Longview Power from 6
a.m. to 9 p.m. on August 23, 2021
through August 25, 2021. The
installation will take place at mile 96.5
on the Monongahela River near
Maidsville, WV. Hazards associated
with proposed operations present a
hazard to navigation. The COTP
Pittsburgh has determined that potential
hazards associated with the installation
work would be a safety concern for
anyone transiting the river.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters before, during, and
after the scheduled installation activity.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Pittsburgh is proposing to
establish a safety zone from 6 a.m. to 9
p.m. on August 23, 2021 through August
25, 2021. The safety zone would cover
all navigable waters from mile 96.0 to
mile 97.0 on the Monongahela River
near Maidsville, WV. The duration of
the zone is intended to ensure the safety
PO 00000
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Fmt 4702
Sfmt 4702
of vessels and these navigable waters
before, during, and after the scheduled
intallation project. No vessel or person
would be permitted to enter the safety
zone without obtaining permission from
the COTP Pittsburgh or a designated
representative. The regulatory text we
are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM 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 safety zone. The safety
zone will impact a 1-mile stretch of the
Monongahela River for 3 days.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rulemaking would allow
vessels to 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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
E:\FR\FM\28JYP1.SGM
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Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Proposed Rules
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this proposed rule would economically
affect it.
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 proposed rule. If the
proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
khammond on DSKJM1Z7X2PROD with PROPOSALS
C. Collection of Information
This proposed rule would 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 rulemaking 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
VerDate Sep<11>2014
16:59 Jul 27, 2021
Jkt 253001
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this proposed rule elsewhere
in this preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves a safety zone lasting from
August 23, 2021 through August 25,
2021 from mile 96.0 to mile 97.0 on the
Monongahela River near Maidsville,
WV. Normally such actions are
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
preliminary 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. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
40391
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2021–0531 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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
V. Public Participation and Request for
Comments
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
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Fmt 4702
Sfmt 4702
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
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.T08–0531 to read as
follows:
■
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40392
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Proposed Rules
§ 165.T08–0531 Safety Zone;
Monongahela, Mile 96.0 to Mile 97.0,
Maidsville, WV.
(a) Location. The following area is a
safety zone: All navigable waters of the
Monongahela River from mile 96.0 to
mile 97.0.
(b) Effective period. This section is
effective from August 23, 2021 through
August 25, 2021.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
of persons and vessels into this zone is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the COTP
Pittsburgh or a designated
representative. The COTP’s
representative may be contacted at 412–
221–0807.
(3) All persons and vessels shall
comply with the instructions of the
COTP Pittsburgh or a designated
representative. Designated COTP
representatives include United States
Coast Guard commissioned, warrant,
and petty officer.
(d) Information broadcasts. The COTP
Pittsburgh or a designated
representative will inform the public
through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners
(BNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
Dated: 22 July 2021.
E.J. Velez,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2021–15928 Filed 7–27–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Parts 60 and 63
[NPS–WASO–NHPA–32134; PPWONRADE2,
PMP00EI05.YP0000]
RIN 1024–AE49
khammond on DSKJM1Z7X2PROD with PROPOSALS
National Register of Historic Places;
Withdrawal
National Park Service; Interior.
Proposed rule; withdrawal.
AGENCY:
ACTION:
The National Park Service
withdraws the proposed rule that would
have revised regulations governing the
listing of properties in the National
Register of Historic Places. The National
Park Service no longer intends to
SUMMARY:
VerDate Sep<11>2014
16:59 Jul 27, 2021
Jkt 253001
prepare a final rule and has terminated
the rulemaking process.
DATES: The March 1, 2019 proposed rule
(84 FR 6996) is withdrawn as of July 28,
2021.
FOR FURTHER INFORMATION CONTACT: Joy
Beasley, Associate Director, Cultural
Resources Partnerships and Science &
Keeper of the National Register of
Historic Places, NPS (WASO), (202)
354–6991, joy_beasley@nps.gov.
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2021–15944 Filed 7–27–21; 8:45 am]
Table of Contents
BILLING CODE 4312–52–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0708; FRL–8711–01–
R7]
Air Plan Approval; Iowa; Polk County;
State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Iowa State
Implementation Plan (SIP) to include
recent changes to the Polk County Board
of Health Rules and Regulations in
addition to revisions from past
submittals. The proposed revisions
update definitions and references to the
effective dates of Federal rules approved
into the State’s SIP, prohibit burning of
demolished buildings, update references
to methods and procedures for
performance test/stack test and
continuous monitoring systems, and
revise permitting exemptions. These
proposed revisions will not adversely
impact air quality and will ensure
consistency between the State and
Federally approved rulemakings.
DATES: Comments must be received on
or before August 27, 2021.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2019–0708 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
SUMMARY:
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Fmt 4702
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Stephanie Doolan, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7719;
email address doolan.stephanie@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Sfmt 4702
I. Written Comments
II. What is being addressed in this document?
III. What SIP revisions are being proposed by
the EPA?
IV. Have the requirements for approval of a
SIP been met?
V. What actions are proposed?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2019–
0708 at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. What is being addressed in this
document?
The EPA is proposing to approve a
submission from the State of Iowa to
revise its SIP to incorporate recent
updates to Chapter 10 of Polk County’s
Code of Regulation pertaining to air
quality. The Clean Air Act (CAA) allows
authorized States to delegate portions of
the Act’s implementation and
enforcement to local governments such
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]]>Agencies
[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Proposed Rules]
[Pages 40390-40392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15928]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0531]
RIN 1625-AA00
Safety Zone; Monongahela River Mile 96.0 to Mile 97.0,
Maidsville, WV
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for mile 96.0 to mile 97.0 of the Monongahela River. This action
is necessary to provide for the safety of the life on these navigable
water near Maidsville, WV during a pipe and diffuser underwater
installation from August 23, 2021 through August 25, 2021. This
proposed rulemaking would prohibit persons and vessels from entering
the safety zone unless authorized by the Captain of the Port Pittsburgh
(COTP) or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 12, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0531 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST3 Matthew Izso, Marine Safety
Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On July 6, 2021, the Brayman Construction Corporation notified the
Coast Guard that it will be conducting an underwater pipe and diffuser
installation for Longview Power from 6 a.m. to 9 p.m. on August 23,
2021 through August 25, 2021. The installation will take place at mile
96.5 on the Monongahela River near Maidsville, WV. Hazards associated
with proposed operations present a hazard to navigation. The COTP
Pittsburgh has determined that potential hazards associated with the
installation work would be a safety concern for anyone transiting the
river.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters before, during, and after the scheduled
installation activity. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Pittsburgh is proposing to establish a safety zone from 6
a.m. to 9 p.m. on August 23, 2021 through August 25, 2021. The safety
zone would cover all navigable waters from mile 96.0 to mile 97.0 on
the Monongahela River near Maidsville, WV. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled intallation project. No vessel
or person would be permitted to enter the safety zone without obtaining
permission from the COTP Pittsburgh or a designated representative. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
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 safety zone. The safety zone will impact
a 1-mile stretch of the Monongahela River for 3 days. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rulemaking would allow
vessels to 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
[[Page 40391]]
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 rulemaking 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a safety
zone lasting from August 23, 2021 through August 25, 2021 from mile
96.0 to mile 97.0 on the Monongahela River near Maidsville, WV.
Normally such actions are 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 preliminary 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0531 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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.T08-0531 to read as follows:
[[Page 40392]]
Sec. 165.T08-0531 Safety Zone; Monongahela, Mile 96.0 to Mile 97.0,
Maidsville, WV.
(a) Location. The following area is a safety zone: All navigable
waters of the Monongahela River from mile 96.0 to mile 97.0.
(b) Effective period. This section is effective from August 23,
2021 through August 25, 2021.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of persons and vessels into this zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP Pittsburgh or a designated
representative. The COTP's representative may be contacted at 412-221-
0807.
(3) All persons and vessels shall comply with the instructions of
the COTP Pittsburgh or a designated representative. Designated COTP
representatives include United States Coast Guard commissioned,
warrant, and petty officer.
(d) Information broadcasts. The COTP Pittsburgh or a designated
representative will inform the public through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate.
Dated: 22 July 2021.
E.J. Velez,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2021-15928 Filed 7-27-21; 8:45 am]
BILLING CODE 9110-04-P
