Safety Zone; Anacostia River, Washington, DC, 50454-50456 [2021-19426]
Download as PDF
50454
Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Issued in Fort Worth, Texas, on September
1, 2021.
Martin A. Skinner,
Manager, Operations Support Group, ATO
Central Service Center.
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
[FR Doc. 2021–19275 Filed 9–8–21; 8:45 am]
II. Background Information and
Regulatory History
Environmental Review
Safety Zone; Anacostia River,
Washington, DC
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
effective September 15, 2020, is
amended as follows:
lotter on DSK11XQN23PROD with RULES1
■
Paragraph 6002
Class E Surface Airspace.
*
*
*
*
AGL MI E2
*
Port Huron, MI [Revoked]
St. Clair County International Airport, MI
(Lat. 42°54′40″ N, long. 82°31′44″ W)
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0710]
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Anacostia River.
The safety zone is needed to protect
personnel, vessels, and the marine
environment on these navigable waters
near Washington, DC, on September 4,
2021, and September 17, 2021, from
potential hazards during fireworks
displays occuring after Washington
Nationals baseball games. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port,
Maryland-National Capital Region or a
designated representative.
DATES: This rule is effective without
actual notice from September 9, 2021
until 11 p.m. on September 17, 2021.
For the purposes of enforcement, actual
notice will be used from 8 p.m. on
September 4, 2021, until September 9,
2021.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0710 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 MST3 Melissa Kelly, Sector
Maryland-National Capital Region
Waterways Management Division, U.S.
Coast Guard; telephone 410–576–2596,
email Melissa.C.Kelly@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
■
§ 71.1
BILLING CODE 4910–13–P
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest to do so. We must establish this
safety zone by September 4, 2021, to
protect the public from hazards
associated with the fireworks events.
Hazards include explosive materials,
dangerous projectiles, and falling debris.
The fireworks fall out zone extends
across the navigable channel.
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 and
contrary to the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with the fireworks displays.
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, Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the fireworks to be used in the
September 4, 2021, and September 17,
2021, displays will be a safety concern
for anyone near the fireworks barges.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone before, during, and after the
scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 p.m. on September 4,
2021, through 11 p.m. on September 17,
2021. The safety zone will be enforced
from 8 p.m. to 11 p.m. on September 4,
2021, and from 8 p.m. to 11 p.m. on
September 17, 2021. The safety zone
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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
covers all navigable waters of the
Anacostia River within 600 feet of the
fireworks barge in approximate position
latitude 38°52′14.29″ N, longitude
077°00′12.00″ W, located near Nationals
Park in Washington, DC. The size of the
zone and duration of the rule are
intended to protect personnel, vessels,
and the marine environment in these
navigable waters before, during, and
after the scheduled fireworks displays.
No vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP 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.
lotter on DSK11XQN23PROD with RULES1
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, duration, and timeof-day of the safety zone, which will
impact a small designated area of the
Anacostia River for 2 hours during
evening hours when vessel traffic is
normally low. Moreover, the Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about 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
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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.
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50455
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will be enforced for 6 hours
that will prohibit entry within a portion
of the Anacostia River. 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
1. The authority citation for part 165
continues to read as follows:
■
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50456
Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
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. 00170.1, Revision No. 01.2.
ENVIRONMENTAL PROTECTION
AGENCY
■
2. Add § 165.T05–0710 to read as
follows:
[EPA–R06–OAR–2020–0166; FRL–8893–02–
R6]
§ 165.T05–0710 Safety Zone; Anacostia
River, Washington, DC
Air Plan Approval; Texas; Clean Air
Act Requirements for Nonattainment
New Source Review and Emission
Statements for the 2015 Ozone
National Ambient Air Quality
Standards
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(a) Location. The following area is a
safety zone: All navigable waters of the
Anacostia River within 600 feet of the
fireworks barge in approximate position
latitude 38°52′14.29″ N, longitude
077°00′12.00″ W, located near Nationals
Park, in Washington, DC. These
coordinates are based on datum NAD
83.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Captain of the Port MarylandNational Capital Region to assist in
enforcing the safety zone described in
paragraph (a) of this section.
(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.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone at 410–576–
2693 or on Marine Band Radio VHF–FM
channel 16 (156.8 MHz). The Coast
Guard vessels enforcing this section can
be contacted on Marine Band Radio
VHF–FM channel 16 (156.8 MHz).
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(e) Enforcement period. This section
will be enforced from 8 p.m. to 11 p.m.
on September 4, 2021, and from 8 p.m.
to 11 p.m. on September 17, 2021.
Dated: September 2, 2021.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2021–19426 Filed 9–8–21; 8:45 am]
BILLING CODE 9110–04–P
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16:45 Sep 08, 2021
Jkt 253001
40 CFR Part 52
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving the portions of a State
Implementation Plan (SIP) revision
submitted by the State of Texas that
describes how CAA requirements for
Nonattainment New Source Review
(NNSR) and emission statements are
met in the Dallas-Fort Worth (DFW),
Houston-Galveston-Brazoria (HGB), and
Bexar County ozone nonattainment
areas for the 2015 Ozone National
Ambient Air Quality Standards
(NAAQS).
SUMMARY:
This rule is effective on October
12, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2020–0166. 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, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Robert Todd, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–2156, todd.robert@epa.gov. The
EPA Region 6 office is closed to the
public to reduce the risk of transmitting
COVID–19. Please call or email the
contact listed above if you need
alternative access to material indexed
but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
DATES:
I. Background
The background for this action is
discussed in detail in our February 11,
2021 proposal (86 FR 9041). In that
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Fmt 4700
Sfmt 4700
document we proposed to approve
portions of a SIP revision submitted by
the State of Texas on June 24, 2020, that
describes how CAA requirements for
NNSR and emission statements are met
in the DFW, HGB, and Bexar County
ozone nonattainment areas for the 2015
ozone NAAQS.
We received comments on our
proposal, from several commenters. Our
responses to the comments follow.
II. Response to Comments
Comment: Two commenters pointed
out that the United States Court of
Appeals for the District of Columbia
Circuit (D.C. Circuit) vacated portions of
the 2018 rule implementing the 2015
Ozone NAAQS that allowed interprecursor trading of pollutants.1 One
commenter stated that according to a
Texas Commission on Environmental
Quality (TCEQ) guidance document,
EPA’s approval of inter-precursor trade
(IPT) is presumed unless EPA
disapproves the trade during the public
comment period. The commenter also
stated that EPA cannot rely on previous
approvals of the State’s NNSR program
to meet current requirements.
Response: While the D.C. Circuit has
rendered a judgment vacating the
portion of EPA’s NNSR EPA regulation
that allows inter-precursor trading to
meet the offset requirements for ozone,
the ozone inter-precursor trading
component in the Texas NNSR program
regulations is no longer operative for
ozone and thus does not preclude
approval of this SIP revision that
otherwise satisfies NNSR requirements.
The court held that the IPT provision for
ozone in EPA’s NNSR regulation was
contrary to the CAA because ‘‘[t]he
plain language in the statute . . .
requires that increased [volatile organic
compound] VOC emissions be offset
with reductions in VOC, and the same
is true for ozone in most
circumstances.’’2 Following the court’s
decision, EPA notified TCEQ in a letter
dated June 17, 2021, that the EPA can
no longer approve any IPT requests for
ozone under procedures in the Texas
SIP rules that require that TCEQ submit
such trades to EPA for approval. In a
response to EPA dated June 25, 2021,
TCEQ confirmed that its NNSR interprecursor trading provisions cannot
function without EPA’s approval of
trades, and the State has not approved
any IPT requests for ozone without the
prior approval of EPA.3 In its June 25,
1 Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir.
2021).
2 Sierra Club, 985 F.3d at 1060–61.
3 The text of each letter is available in the docket
to this action.
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Agencies
[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Rules and Regulations]
[Pages 50454-50456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19426]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0710]
RIN 1625-AA00
Safety Zone; Anacostia River, Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Anacostia River. The safety zone is needed to
protect personnel, vessels, and the marine environment on these
navigable waters near Washington, DC, on September 4, 2021, and
September 17, 2021, from potential hazards during fireworks displays
occuring after Washington Nationals baseball games. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Maryland-National Capital Region or a
designated representative.
DATES: This rule is effective without actual notice from September 9,
2021 until 11 p.m. on September 17, 2021. For the purposes of
enforcement, actual notice will be used from 8 p.m. on September 4,
2021, until September 9, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0710 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 MST3 Melissa Kelly, Sector Maryland-National Capital
Region Waterways Management Division, U.S. Coast Guard; telephone 410-
576-2596, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest to do so. We must establish this safety zone by
September 4, 2021, to protect the public from hazards associated with
the fireworks events. Hazards include explosive materials, dangerous
projectiles, and falling debris. The fireworks fall out zone extends
across the navigable channel.
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 and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the fireworks displays.
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, Maryland-
National Capital Region (COTP) has determined that potential hazards
associated with the fireworks to be used in the September 4, 2021, and
September 17, 2021, displays will be a safety concern for anyone near
the fireworks barges. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone before, during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 p.m. on
September 4, 2021, through 11 p.m. on September 17, 2021. The safety
zone will be enforced from 8 p.m. to 11 p.m. on September 4, 2021, and
from 8 p.m. to 11 p.m. on September 17, 2021. The safety zone
[[Page 50455]]
covers all navigable waters of the Anacostia River within 600 feet of
the fireworks barge in approximate position latitude 38[deg]52'14.29''
N, longitude 077[deg]00'12.00'' W, located near Nationals Park in
Washington, DC. The size of the zone and duration of the rule are
intended to protect personnel, vessels, and the marine environment in
these navigable waters before, during, and after the scheduled
fireworks displays. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP 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,
duration, and time-of-day of the safety zone, which will impact a small
designated area of the Anacostia River for 2 hours during evening hours
when vessel traffic is normally low. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will be enforced for 6 hours that will prohibit entry
within a portion of the Anacostia River. 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:
[[Page 50456]]
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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T05-0710 to read as follows:
Sec. 165.T05-0710 Safety Zone; Anacostia River, Washington, DC
(a) Location. The following area is a safety zone: All navigable
waters of the Anacostia River within 600 feet of the fireworks barge in
approximate position latitude 38[deg]52'14.29'' N, longitude
077[deg]00'12.00'' W, located near Nationals Park, in Washington, DC.
These coordinates are based on datum NAD 83.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
(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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at 410-576-2693 or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz). Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement period. This section will be enforced from 8 p.m.
to 11 p.m. on September 4, 2021, and from 8 p.m. to 11 p.m. on
September 17, 2021.
Dated: September 2, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-19426 Filed 9-8-21; 8:45 am]
BILLING CODE 9110-04-P