Safety Zone; Potomac River, Prince William County, VA, 50996-50998 [2021-19763]
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50996
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations
anchor within the regulated area
without the permission of the Coast
Guard Patrol Commander.
(2) Vessel operators desiring to enter
or operate within the regulated area
shall contact the Coast Guard Patrol
Commander to obtain permission to do
so. Vessel operators given permission to
enter or operate within the regulated
area must comply with all directions
given to them by the Coast Guard Patrol
Commander.
Dated: September 8, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0497]
RIN 1625–AA00
Safety Zone; Potomac River, Prince
William County, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Potomac River. The
safety zone is needed to protect
personnel, vessels, and the marine
environment on these navigable waters
near Cherry Hill, in Prince William
County, VA, on September 18, 2021,
(with alternate date of September 19,
2021) from potential hazards during a
fireworks display to commemorate the
the permanent closing of the Tim’s
Rivershore Restaurant and Crabhouse of
Dumfries, VA, after operating for many
years. 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 from 8:30
p.m. on September 18, 2021, through 11
p.m. on September 19, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0497 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
tkelley on DSK125TN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:05 Sep 13, 2021
Jkt 253001
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
[FR Doc. 2021–19757 Filed 9–13–21; 8:45 am]
ACTION:
email Mr. Ron Houck, Sector MarylandNational Capital Region Waterways
Management Division, U.S. Coast
Guard; telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
On June 16, 2021, Tim’s Rivershore
Restaurant and Crabhouse notified the
Coast Guard that from 9:30 p.m. to 10
p.m. on September 18, 2021, it will be
conducting a fireworks display
launched from a barge in the Potomac
River near Cherry Hill, in Prince
William County, VA. In the event of
inclement weather, the fireworks
display will be scheduled for September
19, 2021. In response, on August 16,
2021, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Safety Zone; Potomac River,
Prince William County, VA’’ (86 FR
45699). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this fireworks display. During the
comment period that ended August 31,
2021, we received no comments.
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 display.
Potential safety hazards include the
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris.
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 this
September 18, 2021, display will be a
safety concern for anyone near the
fireworks barge. 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.
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Fmt 4700
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IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8:30 p.m. on
September 18, 2021, to 11 p.m. on
September 19, 2021. The safety zone
will be enforced from 8:30 p.m. to 11
p.m. on September 18, 2021, or, if
necessary due to inclement weather on
September 18, 2021, from 8:30 p.m. to
11 p.m. on September 19, 2021. The
safety zone covers all navigable waters
of the Potomac River within 500 feet of
the fireworks barge in approximate
position latitude 38°34′07.97″ N,
longitude 077°15′37.39″ W, located near
Cherry Hill, in Prince William County,
VA. The size of the zone and duration
of the regulation are intended to protect
personnel, vessels, and the marine
environment in these navigable waters
before, during, and after the scheduled
9:30 to 10 p.m. fireworks display. 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 timeof-day of the safety zone, which will
impact small designated areas of the
Potomac River for 2.5 hours during the
evening 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
E:\FR\FM\14SER1.SGM
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations
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.
tkelley on DSK125TN23PROD with RULES1
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
VerDate Sep<11>2014
17:05 Sep 13, 2021
Jkt 253001
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 lasting only 2.5 hours that will
prohibit entry within a portion of the
Potomac 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.
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50997
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:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0497 to read as
follows:
■
§ 165.T05–0497 Safety Zone; Potomac
River, Prince William County, VA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Potomac River, within 500 feet of the
fireworks barge in approximate position
latitude 38°34′07.97″ N, longitude
077°15′37.39″ W, located near Cherry
Hill, in Prince William County, VA.
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 8:30 p.m. to 11
p.m. on September 18, 2021. If
necessary due to inclement weather on
September 18, 2021, it will be enforced
from 8:30 p.m. to 11 p.m. on September
19, 2021.
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50998
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations
U.S.C.
Dated: September 8, 2021.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2021–19763 Filed 9–13–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0732]
RIN 1625–AA00
Safety Zone; Explosives arc at Military
Ocean Terminal Concord, Suisun Bay,
Concord, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the Suisun Bay,
off Concord, CA, in support of explosive
off and on-loading to Military Ocean
Terminal Concord (MOTCO). This
safety zone is necessary to protect
personnel, vessels, and the marine
environment from potential explosion
within the explosive arc. Unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
remaining in the safety zone without the
permission of the Captain of the Port
San Francisco or a designated
representative.
DATES: This rule is effective without
actual notice from September 14, 2021
through 11:59 p.m. September 18, 2021.
For the purposes of enforcement, actual
notice will be used from September 13,
2021 until September 14, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0732 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 Lieutenant Junior Grade William
Harris, Waterways Management, U.S.
Coast Guard; telephone (415) 399–7443,
email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
tkelley on DSK125TN23PROD with RULES1
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
VerDate Sep<11>2014
17:05 Sep 13, 2021
Jkt 253001
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
impractical. The Coast Guard received
the initial report of larger explosives arc
on September 8, 2021. It is impractical
to go through the full notice and
comment rule making process because
the Coast Guard must establish this
temporary safety zone by September 13,
2021 and lacks sufficient time to
provide a reasonable comment period
and to consider those comments before
issuing the rule.
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 contrary to public
interest because immediate action is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters around the potentially
hazardous explosive off and on-loading.
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 San Francisco
(COTP) has determined that potential
hazards associated with the explosive
off and on-loading will exist between
September 13, 2021 and September 18,
2021. There will be a safety concern for
anyone within a 4,500-foot radius of the
explosive off and on-load. For this
reason, this temporary safety zone is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters surrounding the
potentially hazardous off and onloading operations.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone in the navigable waters
around the explosives off and onloading occurring at MOTCO off
Concord, CA for a five-day cargo
operation period conducted between
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Frm 00006
Fmt 4700
Sfmt 4700
September 13, 2021 and September 18,
2021. The temporary safety zone will
encompass the navigable waters of
Suisun Bay, from surface to bottom,
within a circle formed by connecting all
points 4,500 feet out from the location
of the explosive material at approximate
position 38°3.54″ N, 122°0.82″ W or as
announced via Broadcast Notice to
Mariners. The projected explosive arc
presents the need for a 4,500 foot radius,
which is larger than the safety zone
already established in 33 CFR 165.1198.
This regulation is necessary to keep
persons and vessels away from the
immediate vicinity of the explosive
materials during cargo operations, and
to ensure the safety of personnel,
vessels, and the marine environment.
Except for persons or vessels authorized
by the COTP or the COTP’s designated
representative, no person or vessel may
enter or remain in the restricted area. A
‘‘designated representative’’ means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local
officer designated by or assisting the
COTP in the enforcement of the safety
zone.
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 limited duration and
narrowly tailored geographic area of the
safety zone. Although this rule restricts
access to the water encompassed by the
safety zone, the effect of this rule will
not be significant because the local
waterways users will be notified to
ensure the safety zone will result in
minimum impact. The vessels desiring
to transit through or around the
temporary safety zone may do so upon
express permission from the COTP or
the COTP’s designated representative.
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]]>Agencies
[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 50996-50998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19763]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0497]
RIN 1625-AA00
Safety Zone; Potomac River, Prince William County, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Potomac River. The safety zone is needed to
protect personnel, vessels, and the marine environment on these
navigable waters near Cherry Hill, in Prince William County, VA, on
September 18, 2021, (with alternate date of September 19, 2021) from
potential hazards during a fireworks display to commemorate the the
permanent closing of the Tim's Rivershore Restaurant and Crabhouse of
Dumfries, VA, after operating for many years. 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 from 8:30 p.m. on September 18, 2021,
through 11 p.m. on September 19, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0497 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 Mr. Ron Houck, Sector Maryland-National Capital Region
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, 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
On June 16, 2021, Tim's Rivershore Restaurant and Crabhouse
notified the Coast Guard that from 9:30 p.m. to 10 p.m. on September
18, 2021, it will be conducting a fireworks display launched from a
barge in the Potomac River near Cherry Hill, in Prince William County,
VA. In the event of inclement weather, the fireworks display will be
scheduled for September 19, 2021. In response, on August 16, 2021, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Safety Zone; Potomac River, Prince William County, VA'' (86 FR
45699). There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to this fireworks display.
During the comment period that ended August 31, 2021, we received no
comments.
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 display. Potential safety hazards
include the accidental discharge of fireworks, dangerous projectiles,
and falling hot embers or other debris.
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 this September 18, 2021,
display will be a safety concern for anyone near the fireworks barge.
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 8:30 p.m. on
September 18, 2021, to 11 p.m. on September 19, 2021. The safety zone
will be enforced from 8:30 p.m. to 11 p.m. on September 18, 2021, or,
if necessary due to inclement weather on September 18, 2021, from 8:30
p.m. to 11 p.m. on September 19, 2021. The safety zone covers all
navigable waters of the Potomac River within 500 feet of the fireworks
barge in approximate position latitude 38[deg]34'07.97'' N, longitude
077[deg]15'37.39'' W, located near Cherry Hill, in Prince William
County, VA. The size of the zone and duration of the regulation are
intended to protect personnel, vessels, and the marine environment in
these navigable waters before, during, and after the scheduled 9:30 to
10 p.m. fireworks display. 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 small
designated areas of the Potomac River for 2.5 hours during the evening
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
[[Page 50997]]
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 lasting only 2.5 hours that will prohibit entry within a
portion of the Potomac 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:
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.T05-0497 to read as follows:
Sec. 165.T05-0497 Safety Zone; Potomac River, Prince William County,
VA.
(a) Location. The following area is a safety zone: All navigable
waters of the Potomac River, within 500 feet of the fireworks barge in
approximate position latitude 38[deg]34'07.97'' N, longitude
077[deg]15'37.39'' W, located near Cherry Hill, in Prince William
County, VA. 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 8:30
p.m. to 11 p.m. on September 18, 2021. If necessary due to inclement
weather on September 18, 2021, it will be enforced from 8:30 p.m. to 11
p.m. on September 19, 2021.
[[Page 50998]]
Dated: September 8, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-19763 Filed 9-13-21; 8:45 am]
BILLING CODE 9110-04-P
