Safety Zone; Solo Swim, Rhode Island Sound, Block Island, RI, 47217-47219 [2021-18095]
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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations
(ii) If, on July 5, 2019 (the effective date of
AD 2019–12–05), the rotating air HPT front
seal has between 3,751 and 4,249 cycles,
inclusive, since being reconfigured, remove
the part from service within 250 cycles after
July 5, 2019 (the effective date of AD 2019–
12–05), before accumulating 4,275 cycles
since being reconfigured, within 1,500 cycles
since the last FPI of the rotating air HPT front
seal, or before further flight after the effective
date of this AD, whichever occurs later, and
replace with a part eligible for installation.
(iii) For all remaining CFM CFM56–5C
model turbofan engines, remove the rotating
air HPT front seal from service before
accumulating 4,000 cycles since being
reconfigured, or within 50 cycles after the
effective date of this AD, whichever occurs
later.
(3) For CFM56–5B or CFM56–7B model
turbofan engines with an affected rotating air
HPT front seal that has been operated in a
CFM56–5C model turbofan engine since
being reconfigured, remove the rotating air
HPT front seal from service using the cycle
limits in paragraph (g)(2) of this AD.
(h) Definition
For the purpose of this AD, ‘‘reconfigured’’
occurs when a rotating air HPT front seal has
been removed from the original HPT disk and
re-assembled to a different HPT disk.
(i) Installation Prohibition
After the effective date of this AD, do not
assemble any rotating air HPT front seal with
greater than 0 cycles since new, having a
S/N listed in paragraph (c) of this AD onto
a HPT disk unless it is the same S/N HPT
disk on which it has previously been
assembled.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO Branch, FAA, has
the authority to approve AMOCs for this AD,
if requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to the attention of the person
identified in Related Information. You may
email your request to: ANE-AD-AMOC@
faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
lotter on DSK11XQN23PROD with RULES1
(k) Related Information
For more information about this AD,
contact Christopher McGuire, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
238–7120; fax: (781) 238–7199; email:
Chris.McGuire@faa.gov.
(l) Material Incorporated by Reference
None.
VerDate Sep<11>2014
15:55 Aug 23, 2021
Jkt 253001
Issued on July 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–18165 Filed 8–23–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SAFETY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0656]
RIN 1625–AA00
Safety Zone; Solo Swim, Rhode Island
Sound, Block Island, RI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Rhode Island
Sound within 500 yards of the swimmer
crossing the channel from Block Island,
Rhode Island to East Matunuck, Rhode
Island. This safety zone is needed to
protect the swimmer, event sponsors’
safety vessels, and others in the
maritime community from the safety
hazards that may arise during his event.
When enforced, entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Southeastern
New England or a designated
representative.
SUMMARY:
This rule is effective from 6 a.m.
on August 23, 2021, through 2 p.m. on
August 25, 2021. But it will only be
subject to enforcement from 6 a.m. to 2
p.m. on one of these dates.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0656 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Joshua Herriott,
Sector Southeastern New England, U.S.
Coast Guard; telephone (401) 435–2342,
email SENEWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector
Southeastern New England
DHS Department of Homeland Safety
FR Federal Register
PO 00000
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47217
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
impracticable. Under 5 U.S.C. 553(b)(B),
the Coast Guard finds that good cause
exists for not publishing a notice of
proposed rulemaking (NPRM) with
respect to this rule because publishing
an NPRM would be impracticable and
contrary to the public interest. The
Coast Guard was notified of the swim
event from Block Island, Rhode Island
to East Matunuck, Rhode Island without
ample time to allow for a reasonable
comment period and consider those
comments before issuing the rule. The
safety zone must be established by
August 23, 2021, to protect the
swimmer, as well as spectators and
areas in the area during the ‘‘Solo
Swim’’ event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because action is needed to protect the
swimmer and ensure the safety in the
navigable waters within the safety zone
during the ‘‘Solo Swim’’ event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Southeastern
New England (COTP) has determined
that potential hazards exist while the
swimmer is crossing the recommended
vessel route. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone.
IV. Discussion of the Rule
The Coast Guard is establishing a
temporary safety zone in Rhode Island
Sound for all navigable waters within
500 yards of the swimmer crossing the
recommended vessel route at
approximately 41–17.5N, 71–32.0W,
during his participation in the ‘‘Solo
Swim’’ from Block Island, Rhode Island
to East Matunuck, Rhode Island. No
vessel or person will be permitted to
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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations
enter the safety zone on one day
between August 23, 2021, and August
25, 2021, from 6 a.m. through 2 p.m.
Although the safety zone will only be
enforced on a single day between
August 23, 2021 and August 25, 2021
the additional days will allow the
swimmer a weather window to conduct
a safe swim. Entry into this safety zone
is prohibited unless specifically
authorized by the COTP or their
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of U.S. Coast Guard
Sector Southeastern New England.
Requests for entry will be considered
and reviewed on a case-by-case basis.
The COTP may be contacted by
telephone at 508–457–3211 or can be
reached by VHF–FM channel 16.
Persons and vessels permitted to enter
this safety zone must transit at their
slowest safe speed and comply with all
lawful directions issued by the COTP or
the designated representative.
lotter on DSK11XQN23PROD with RULES1
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. 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), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone. This
safety zone will restrict vessel traffic
from entering or transiting in all
navigable waters in Rhode Island Sound
for all navigable waters within 500
yards of the swimmer crossing the
recommended vessel route at
approximately 41–17.5N, 71–32.0W,
during his participation in the ‘‘Solo
Swim’’ from Block Island, Rhode Island
to East Matunuck, Rhode Island.
Moreover, the Coast Guard will issue
VerDate Sep<11>2014
15:55 Aug 23, 2021
Jkt 253001
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone,
and the rule allows 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 contact 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,
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Fmt 4700
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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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Safety
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guides 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 on one day between August 23,
2021 and August 25, 2021, from 6:00
a.m. through 2:00 p.m. that will prohibit
entry all navigable waters in Rhode
Island Sound for all navigable waters
within 500 yards of the swimmer
crossing the recommended vessel route
at approximately 41–17.5N, 71–32.0W,
during his participation in the ‘‘Solo
Swim’’ from Block Island, Rhode Island
to East Matunuck, Rhode Island. 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
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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations
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 contact 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 safety 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:
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Safety Delegation
No. 0170.1, Revision No. 01.2.
2. Add § 165.T01–0656 to read as
follows:
■
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§ 165.T01–0656 Safety zone; Block Island
Sound, Block Island, RI.
(a) Location. The following area is a
safety zone: All navigable waters in
Rhode Island Sound within 500 yards of
the swimmer crossing the recommended
vessel route at approximately 41–17.5N,
71–32.0W, during his participation in
the ‘‘Solo Swim’’ from Block Island,
Rhode Island to East Matunuck, Rhode
Island.
(b) Enforcement period. This section
will be enforced from 6 a.m. through 2
p.m. on August 23, 2021, August 24,
2021, or August 25, 2021.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
A designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
U.S. Coast Guard Sector Southeastern
New England.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
Jkt 253001
40 CFR Parts 52 and 70
[EPA–R07–OAR–2021–0416; FRL–8695–02–
R7]
1. The authority citation for part 165
continues to read as follows:
■
15:55 Aug 23, 2021
Dated: August 18, 2021.
P.J. Mangini,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Southeastern New
England.
[FR Doc. 2021–18095 Filed 8–23–21; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
COTP’s representative by telephone at
508–457–3211 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notice to Mariners of any changes in the
planned schedule.
Air Plan Approval; Missouri; Revision
to Emission Data, Emission Fees and
Process Information Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) and Operating Permits Program
revision submitted by the State of
Missouri on May 25, 2021. These
revisions update the listed emission
reporting years and update the
emissions fee for permitted sources as
set by Missouri Statute from $48 per ton
of air pollution emitted annually to $53
in calendar year 2021 and $55 per ton
of air pollution emitted annually for
emissions in calendar year 2022 and
beyond; effective March 30, 2021.
DATES: This final rule is effective on
September 23, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2021–0416. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
SUMMARY:
PO 00000
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47219
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Jason Heitman, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7664;
email address: heitman.jason@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. A technical
support document (TSD) is included in
the rulemaking docket for the proposed
rule.
Table of Contents
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP and part 70 revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
On June 30, 2021, the EPA proposed
to approve Missouri’s submitted SIP and
Operating Permits Program revision in
the Federal Register (86 FR 34677). The
EPA solicited comments on the
proposed approval of the submission
and received no comments.
II. What is being addressed in this
document?
The EPA is approving revisions to the
Missouri State Implementation Plan
(SIP) and title V Operating Permits
Program, 10–6.110 ‘‘Reporting Emission
Data, Emission Fees, and Process
Information,’’ submitted to the EPA on
May 25, 2021. Revisions to the program
include updating emission reporting
years and increasing the annual
emission fee. The annual emission fee
will increase from $48 per ton of air
pollution emitted annually to $53 in
calendar year 2021 and increase again to
$55 per ton of air pollution emitted
annually for emissions in calendar year
2022 and beyond; effective March 30,
2021.
III. Have the requirements for approval
of a SIP and part 70 revision been met?
The State met the public notice
requirements for SIP submissions in
accordance with 40 CFR 51.102. The
submission also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. The State provided a public
comment period for this Operating
Permits Program and SIP revision from
August 17, 2020, to October 1, 2020, and
received one comment in support of the
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]]>Agencies
- Coast Guard
- DEPARTMENT OF HOMELAND SAFETY
[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Rules and Regulations]
[Pages 47217-47219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18095]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SAFETY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0656]
RIN 1625-AA00
Safety Zone; Solo Swim, Rhode Island Sound, Block Island, RI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Rhode Island Sound within 500 yards of the swimmer
crossing the channel from Block Island, Rhode Island to East Matunuck,
Rhode Island. This safety zone is needed to protect the swimmer, event
sponsors' safety vessels, and others in the maritime community from the
safety hazards that may arise during his event. When enforced, entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Southeastern New England
or a designated representative.
DATES: This rule is effective from 6 a.m. on August 23, 2021, through 2
p.m. on August 25, 2021. But it will only be subject to enforcement
from 6 a.m. to 2 p.m. on one of these dates.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0656 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Joshua Herriott, Sector Southeastern New
England, U.S. Coast Guard; telephone (401) 435-2342, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
DHS Department of Homeland Safety
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are impracticable. Under 5 U.S.C. 553(b)(B), the Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because publishing an NPRM
would be impracticable and contrary to the public interest. The Coast
Guard was notified of the swim event from Block Island, Rhode Island to
East Matunuck, Rhode Island without ample time to allow for a
reasonable comment period and consider those comments before issuing
the rule. The safety zone must be established by August 23, 2021, to
protect the swimmer, as well as spectators and areas in the area during
the ``Solo Swim'' event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because action is needed to protect
the swimmer and ensure the safety in the navigable waters within the
safety zone during the ``Solo Swim'' event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector
Southeastern New England (COTP) has determined that potential hazards
exist while the swimmer is crossing the recommended vessel route. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone in Rhode
Island Sound for all navigable waters within 500 yards of the swimmer
crossing the recommended vessel route at approximately 41-17.5N, 71-
32.0W, during his participation in the ``Solo Swim'' from Block Island,
Rhode Island to East Matunuck, Rhode Island. No vessel or person will
be permitted to
[[Page 47218]]
enter the safety zone on one day between August 23, 2021, and August
25, 2021, from 6 a.m. through 2 p.m. Although the safety zone will only
be enforced on a single day between August 23, 2021 and August 25, 2021
the additional days will allow the swimmer a weather window to conduct
a safe swim. Entry into this safety zone is prohibited unless
specifically authorized by the COTP or their designated representative.
A designated representative is a commissioned, warrant, or petty
officer of the U.S. Coast Guard assigned to units under the operational
control of U.S. Coast Guard Sector Southeastern New England.
Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 508-457-3211 or
can be reached by VHF-FM channel 16. Persons and vessels permitted to
enter this safety zone must transit at their slowest safe speed and
comply with all lawful directions issued by the COTP or the 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This safety
zone will restrict vessel traffic from entering or transiting in all
navigable waters in Rhode Island Sound for all navigable waters within
500 yards of the swimmer crossing the recommended vessel route at
approximately 41-17.5N, 71-32.0W, during his participation in the
``Solo Swim'' from Block Island, Rhode Island to East Matunuck, Rhode
Island. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and the rule
allows 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
contact 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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Safety
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guides 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 on one day between August 23, 2021 and August 25, 2021,
from 6:00 a.m. through 2:00 p.m. that will prohibit entry all navigable
waters in Rhode Island Sound for all navigable waters within 500 yards
of the swimmer crossing the recommended vessel route at approximately
41-17.5N, 71-32.0W, during his participation in the ``Solo Swim'' from
Block Island, Rhode Island to East Matunuck, Rhode Island. 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
[[Page 47219]]
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 contact 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 safety
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 Safety Delegation No. 0170.1,
Revision No. 01.2.
0
2. Add Sec. 165.T01-0656 to read as follows:
Sec. 165.T01-0656 Safety zone; Block Island Sound, Block Island, RI.
(a) Location. The following area is a safety zone: All navigable
waters in Rhode Island Sound within 500 yards of the swimmer crossing
the recommended vessel route at approximately 41-17.5N, 71-32.0W,
during his participation in the ``Solo Swim'' from Block Island, Rhode
Island to East Matunuck, Rhode Island.
(b) Enforcement period. This section will be enforced from 6 a.m.
through 2 p.m. on August 23, 2021, August 24, 2021, or August 25, 2021.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of U.S. Coast Guard
Sector Southeastern New England.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at 508-457-3211 or on VHF-FM channel 16.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notice to Mariners of any
changes in the planned schedule.
Dated: August 18, 2021.
P.J. Mangini,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector
Southeastern New England.
[FR Doc. 2021-18095 Filed 8-23-21; 8:45 am]
BILLING CODE 9110-04-P
