Safety Zone; Monongahela River Mile 96.0 to Mile 97.0, Maidsville, WV, 40390-40392 [2021-15928]

Download as PDF 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: VerDate Sep<11>2014 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 Frm 00022 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 28JYP1 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 PO 00000 Frm 00023 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: ■ E:\FR\FM\28JYP1.SGM 28JYP1 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: PO 00000 Frm 00024 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 E:\FR\FM\28JYP1.SGM 28JYP1

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