Safety Zone; Flagship League Mariners Ball Fireworks; Presque Isle Bay; Erie, PA, 42716-42718 [2021-16707]
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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
property under the proposed regulations
or the final regulations except as
provided in section 1.1400Z2(d)–
1(d)(3)(vi)(D).’’.
Oluwafunmilayo P. Taylor,
Federal Register Liaison, Publications and
Regulations Branch, Legal Processing
Division, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. 2021–16664 Filed 8–4–21; 8:45 am]
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
BILLING CODE 4830–01–P
Par. 2. Section 1.1400Z2(d)–1 is
amended by revising paragraphs (a)(3)
and (d)(3)(vi)(D) to read as follows:
■
DEPARTMENT OF THE TREASURY
Internal Revenue Service
§ 1.1400Z2(d)–1 Qualified opportunity
funds and qualified opportunity zone
businesses.
26 CFR Part 1
*
[TD 9889]
RIN 1545–BO4
Investing in Qualified Opportunity
Funds; Correcting Amendment
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendments.
AGENCY:
This document contains
corrections to Treasury Decision 9889,
which was published in the Federal
Register on Monday, January 13, 2020.
Treasury Decision 9889 contained final
regulations under the Internal Revenue
Code (Code) that govern the extent to
which taxpayers may elect the Federal
income tax benefits with respect to
certain equity interests in a qualified
opportunity fund (QOF).
DATES: These corrections are effective
on August 5, 2021 and applicable on or
after January 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Concerning section 1400Z–2 and these
regulations generally, Harith J. Razaa,
(202) 317–7006, or Kyle C. Griffin, (202)
317–4718, of the Office of Associate
Chief Counsel (Income Tax and
Accounting). These numbers are not
toll-free numbers.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The final regulations (TD 9889) that
are the subject of this correction are
under section 1400Z–2 of the Code.
khammond on DSKJM1Z7X2PROD with RULES
Need for Correction
As published on January 13, 2020 (85
FR 19082) the final regulations (TD
9889) contain errors that need to be
corrected.
List of Subjects in 26 CFR Part 1
Income Taxes, Reporting and
recordkeeping requirements.
VerDate Sep<11>2014
16:02 Aug 04, 2021
Jkt 253001
*
*
*
*
(a) * * *
(3) Self decertification of a QOF. If a
QOF chooses to decertify as a QOF, the
self-decertification must be effected in
such form and manner as may be
prescribed by the Commissioner in IRS
forms or instructions or in publications
or guidance published in the Internal
Revenue Bulletin (see §§ 601.601(d)(2)
and 601.602 of this chapter.)
*
*
*
*
*
(d) * * *
(3) * * *
(vi) * * *
(D) Safe harbor for working capital
and property on which working capital
is being expended—(1) Working capital
for start-up businesses. For start-up
businesses utilizing the working capital
safe harbor, if paragraph (d)(3)(v) of this
section treats property of an entity that
would otherwise be nonqualified
financial property as being a reasonable
amount of working capital because of
compliance with the three requirements
of paragraphs (d)(3)(v)(A) through (C) of
this section, the entity satisfies the
requirements of section 1400Z–
2(d)(3)(A)(i) only during the working
capital safe harbor period(s) for which
the requirements of paragraphs
(d)(3)(v)(A) through (C) of this section
are satisfied; however such property is
not qualified opportunity zone business
property for any purpose.
(2) Tangible property acquired with
covered working capital. For any
eligible entity, if tangible property
referred to in paragraph (d)(3)(v)(A) is
expected to satisfy the requirements of
section 1400Z–2(d)(2)(D)(i) as a result of
the planned expenditure of working
capital described in paragraph
(d)(3)(v)(A), and is purchased, leased, or
improved by the trade or business,
pursuant to the written plan for the
expenditure of the working capital, then
the tangible property is treated as
qualified opportunity zone business
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property satisfying the requirements of
section 1400Z–2(d)(2)(D)(i), during that
and subsequent working capital periods
the property is subject to, for purposes
of the 70-percent tangible property
standard in section 1400Z–2(d)(3).
*
*
*
*
*
Oluwafunmilayo P. Taylor,
Federal Register Liaison, Publications and
Regulations Branch, Legal Processing
Division, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. 2021–16663 Filed 8–4–21; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0574]
RIN 1625–AA00
Safety Zone; Flagship League Mariners
Ball Fireworks; Presque Isle Bay; Erie,
PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters in Presque Isle bay in
Erie, PA. 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
Buffalo or a designated representative.
DATES: This rule is effective August 20,
2021, from 8:50 p.m. through 10 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–
0574 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 MST2 Anthony Urbana, U.S.
Coast Guard Sector Buffalo via
telephone 716–843–9342 or email D09SMB-SECBuffalo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
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05AUR1
Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
U.S.C.
United States Code
V. Regulatory Analyses
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 with
respect to this rule because the event
sponsor did not submit notice of the
fireworks display to the Coast Guard
with sufficient time remaining before
the event to publish an NPRM. Delaying
the effective date of this rule to wait for
a comment period to run would be
impracticable and contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect spectators and vessels
from the hazards associated with this
fireworks display.
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. For the same reasons
discussed in the preceding paragraph,
waiting for a 30-day notice period to run
would be impracticable and contrary to
the public interest.
khammond on DSKJM1Z7X2PROD with RULES
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 (COTP) Buffalo has
determined that fireworks over the
water presents significant risks to public
safety and property. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
fireworks display is taking place.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:50 p.m. through 10 p.m. on
August 20, 2021. The safety zone will
cover all navigable waters within a 840feet radius of barge launched fireworks
in Presque Isle bay in Erie, PA. The
duration of the zone is intended to
protect spectators, vessels, and the
marine environment in these navigable
waters during the fireworks display. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP Buffalo or a
designated representative.
VerDate Sep<11>2014
16:02 Aug 04, 2021
Jkt 253001
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, duration,
and time-of-day of the safety zone. The
safety zone will encompass a 840-feet
radius of barge launched fireworks in
Presque Isle bay in Erie, PA. lasting
approxiamately 1 hour during the
evening when vessel traffic is normally
low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule 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 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
PO 00000
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Fmt 4700
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42717
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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
E:\FR\FM\05AUR1.SGM
05AUR1
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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
$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 approximately 1 hour that
will prohibit entry within a 840-feet
radius in Presque Isle bay in Erie, PA.
for a fireworks display. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
§ 165.T09–0574 Safety Zone; Flagship
League Mariners Ball Fireworks; Presque
Isle Bay; Erie, PA.
(a) Location. The following area is a
safety zone: All waters of the Presque
Isle Bay, from surface to bottom,
encompassed by a 840-feet radius
around 42°07′16.70″ N, 080°07′59.34″
W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Buffalo (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
COTP Buffalo or a designated
representative.
(2) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP Buffalo or her
designated representative to obtain
permission to do so. The COTP Buffalo
or her designated representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
COTP Buffalo, or her designated
representative.
(d) Enforcement period. The regulated
area described in paragraph (a) is
effective from 8:50 p.m. through 10 p.m.
on August 20, 2021.
Dated: July 30, 2021.
L.M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2021–16707 Filed 8–4–21; 8:45 am]
List of Subjects in 33 CFR Part 165
BILLING CODE 9110–04–P
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
DEPARTMENT OF EDUCATION
34 CFR Chapter III
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[Docket ID ED–2021–OSERS–0018]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
khammond on DSKJM1Z7X2PROD with RULES
■
Final Priority—Technical Assistance
and Dissemination To Improve
Services and Results for Children With
Disabilities and Technical Assistance
on State Data Collection—National
Assessment Center
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
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.
AGENCY:
2. Add § 165.T09–0574 to read as
follows:
SUMMARY:
■
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16:02 Aug 04, 2021
Jkt 253001
The Department of Education
(Department) announces a priority for
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Fmt 4700
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the Technical Assistance and
Dissemination to Improve Services and
Results for Children with Disabilities
and Technical Assistance on State Data
Collection program, Assistance Listing
Number 84.326G. The Department may
use the priority for competitions in
fiscal year (FY) 2021 and later years. We
will use the priority to award a
cooperative agreement for a National
Assessment Center (Center) to focus
attention on an identified need to
address national, State, and local
assessment issues related to students
with disabilities, including students
with disabilities who are also English
learners (ELs).
DATES: Effective September 7, 2021.
FOR FURTHER INFORMATION CONTACT:
David Egnor, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 5163, Potomac Center Plaza,
Washington, DC 20202–5076.
Telephone: (202) 245–7334 or (202)
856–6409. Email: david.egnor@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:
Purpose of Programs: The purpose of
the Technical Assistance and
Dissemination to Improve Services and
Results for Children with Disabilities
program is to promote academic
achievement and to improve results for
children with disabilities by providing
technical assistance (TA), supporting
model demonstration projects,
disseminating useful information, and
implementing activities that are
supported by scientifically based
research. The purpose of the Technical
Assistance on State Data Collection
program is to improve the capacity of
States to meet the Individuals with
Disabilities Education Act (IDEA) data
collection and reporting requirements.
In addition, the Consolidated
Appropriations Act, 2021, gives the
Secretary authority to use funds
reserved under section 611(c) of the
IDEA to administer and carry out other
services and activities to improve data
collection, coordination, quality, and
use under Parts B and C of the IDEA.
Program Authority: 20 U.S.C. 1411,
1416, 1463, and 1481; and the
Consolidated Appropriations Act, 2021,
Div. H, Title III of Public Law 116–260,
134 Stat. 1182.
Note: Projects will be awarded and must be
operated in a manner consistent with the
nondiscrimination requirements contained in
Federal civil rights laws.
Applicable Program Regulations: 34
CFR 300.702.
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05AUR1
]]>Agencies
[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42716-42718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16707]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0574]
RIN 1625-AA00
Safety Zone; Flagship League Mariners Ball Fireworks; Presque
Isle Bay; Erie, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in Presque Isle bay in Erie, PA. 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 Buffalo or a designated representative.
DATES: This rule is effective August 20, 2021, from 8:50 p.m. through
10 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0574 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 MST2 Anthony Urbana, U.S. Coast Guard Sector Buffalo via
telephone 716-843-9342 or 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
[[Page 42717]]
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 with
respect to this rule because the event sponsor did not submit notice of
the fireworks display to the Coast Guard with sufficient time remaining
before the event to publish an NPRM. Delaying the effective date of
this rule to wait for a comment period to run would be impracticable
and contrary to the public interest by inhibiting the Coast Guard's
ability to protect spectators and vessels from the hazards associated
with this fireworks display.
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. For the same reasons discussed in
the preceding paragraph, waiting for a 30-day notice period to run
would be impracticable and contrary to the public interest.
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 (COTP)
Buffalo has determined that fireworks over the water presents
significant risks to public safety and property. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the fireworks display is taking
place.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:50 p.m. through 10 p.m.
on August 20, 2021. The safety zone will cover all navigable waters
within a 840-feet radius of barge launched fireworks in Presque Isle
bay in Erie, PA. The duration of the zone is intended to protect
spectators, vessels, and the marine environment in these navigable
waters during the fireworks display. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP Buffalo or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
will encompass a 840-feet radius of barge launched fireworks in Presque
Isle bay in Erie, PA. lasting approxiamately 1 hour during the evening
when vessel traffic is normally low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the zone, and the rule 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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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
[[Page 42718]]
$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 approximately 1 hour that will prohibit entry
within a 840-feet radius in Presque Isle bay in Erie, PA. for a
fireworks display. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0574 to read as follows:
Sec. 165.T09-0574 Safety Zone; Flagship League Mariners Ball
Fireworks; Presque Isle Bay; Erie, PA.
(a) Location. The following area is a safety zone: All waters of
the Presque Isle Bay, from surface to bottom, encompassed by a 840-feet
radius around 42[deg]07'16.70'' N, 080[deg]07'59.34'' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Buffalo (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) In accordance with the general regulations in
section Sec. 165.23, entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the COTP Buffalo or a
designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP Buffalo or her designated representative to
obtain permission to do so. The COTP Buffalo or her designated
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP Buffalo, or her
designated representative.
(d) Enforcement period. The regulated area described in paragraph
(a) is effective from 8:50 p.m. through 10 p.m. on August 20, 2021.
Dated: July 30, 2021.
L.M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2021-16707 Filed 8-4-21; 8:45 am]
BILLING CODE 9110-04-P
