Safety Zone; Piscataqua River Turning Basin Dredge Project, Portsmouth, NH, 59033-59035 [2021-23324]
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Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Rules and Regulations
designated by or assisting the Captain of
the Port Ohio Valley (COTP) in the
enforcement of the safety zone.
(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 502–779–5300. 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.
Dated: October 21, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0344]
RIN 1625–AA00
Safety Zone; Piscataqua River Turning
Basin Dredge Project, Portsmouth, NH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing two temporary safety zones
for the navigable waters of the
Piscataqua River in Portsmouth Harbor.
The first safety zone will be a 100-yard
radius around any vessel, barge, or
dredging equipment engaged in
dredging operations. The second safety
zone will be a 500-yard radius around
any vessel, barge, or dredging
equipment engaged in blasting
operations and any blasting worksites.
The safety zones are necessary to protect
persons and vessels from hazards
associated with dredging, drilling, and
blasting operations for overall widening
of the uppermost turning basin of the
Piscataqua River.
DATES: This rule is effective without
actual notice from October 26, 2021,
through April 15, 2022. For the
purposes of enforcement, actual notice
will be used from November 1, 2021,
until October 26, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0344 in the search box and click
SUMMARY:
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15:52 Oct 25, 2021
Jkt 256001
If
you have questions on this rule, call or
email LT Shaun Doyle, Sector Northern
New England Waterways Management
Division, U.S. Coast Guard; telephone
207–347–5015, email Shaun.T.Doyle@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
[FR Doc. 2021–23333 Filed 10–25–21; 8:45 am]
ACTION:
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
On February 12, 2021, the U.S. Army
Corps of Engineers notified the Coast
Guard of plans to fund dredging
operations on the uppermost turning
basin of the Piscataqua River in
Portsmouth Harbor. The project consists
of widening the uppermost turning
basin of the Piscataqua River from 800
feet to 1200 feet to improve navigation
maneuverability and safety.
In response, on August 25, 2021, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Piscataqua River Turning
Basin Dredge Project, Portsmouth, NH
(86 FR 47433). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this dredging project.
During the comment period that ended
September 24, 2021, we received no
comments.
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 Northern New
England (COTP) has determined that
potential hazards associated with the
dredging operations starting November
1, 2021, will be a safety concern for
anyone within a 100-yard radius around
any vessel, barge, or dredging
equipment engaged in dredging
operations. Additionally, the COTP has
determined that potential hazards
associated with the explosives to be
used in this operation would be a safety
concern for anyone within a 500-yard
radius around any vessel, barge, or
dredging equipment engaged in blasting
operations and any blasting worksites.
The purpose of this rule is to ensure
safety of vessels and the navigable
waters in the safety zone before, during,
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59033
and after the scheduled dredging
operations.
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 timely action is needed to
respond to the potential safety hazards
associated with the dredging project.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
August 25, 2021. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes two safety zones
from November 1, 2021, through April
15, 2022. The first safety zone will be
a 100-yard radius around any vessel,
barge, or dredging equipment actively
engaged in dredging operations. The
second safety zone will be a 500-yard
radius around any vessel, barge, or
dredging equipment engaged in blasting
operations and any blasting worksites.
The 500-yard safety zone will be
enforced during active blasting
operations and will be suspended once
successful detonation has been
confirmed and blasting operations have
been secured. The Coast Guard will
notify the public and local mariners of
the 500-yard safety zone through
appropriate means, which may include,
but are not limited to, publication in the
Local Notice to Mariners and Broadcast
Notice to Mariners via VHF–FM marine
channel 16 in advance of any
enforcement. No vessel or person will
be permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
There are no changes in the regulatory
text of this rule from the proposed rule
in the NPRM.
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,
E:\FR\FM\26OCR1.SGM
26OCR1
59034
Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Rules and Regulations
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. The
safety zones will be enforced during
periods of active dredging or blasting
operations from November 1, 2021,
through April 15, 2022. The 500-yard
radius safety zone around any vessel,
barge, or dredging equipment engaged
in blasting operations and any blasting
worksites will only be enforced when
blasting operations are conducted for
short durations. Once blasting
operations have been secured, vessel
traffic will be able to transit around the
100-yard radius safety zone around any
vessel, barge, or dredging equipment
actively engaged in dredging operations.
Dredging vessel(s) conducting
operations will accommodate necessary
commerce and movement of cargo
through daily coordination with U.S.
Army Corps of Engineers, contractors,
Portsmouth Pilots, and U.S. Coast
Guard. Proper public notice of
enforcement will be given through
appropriate means, which may include,
but are not limited to, publication in the
Local Notice to Mariners and Broadcast
Notice to Mariners via VHF–FM marine
channel 16.
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 received no comments
from the Small Business Administration
on this rulemaking. 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
VerDate Sep<11>2014
15:52 Oct 25, 2021
Jkt 256001
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,
PO 00000
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Fmt 4700
Sfmt 4700
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
establishing two safety zones near the
uppermost turning basin of the
Piscataqua River in Portsmouth Harbor
that will be enforced periodically from
November 1, 2021, through April 15,
2022, that prohibits entry within a 100yard radius around any vessel, barge, or
dredging equipment engaged in
dredging operations, and within a 500yard radius around any vessel, barge, or
dredging equipment engaged in blasting
operations and any blasting worksites. 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:
■
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, Revision No. 01.2.
E:\FR\FM\26OCR1.SGM
26OCR1
Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Rules and Regulations
■
2. Add § 165.T01–0344 to read as
follows:
DEPARTMENT OF VETERANS
AFFAIRS
§ 165.T01–0344 Safety Zone; Piscataqua
River Turning Basin Dredge Project,
Portsmouth, NH.
38 CFR Part 38
(a) Location. The following areas are
a safety zone:
(1) Safety zone 1. All navigable waters
of the Piscataqua River, from surface to
bottom, within a 100-yard radius around
any vessel, barge, or dredging
equipment engaged in dredging
operations.
(2) Safety zone 2. All navigable waters
of the Piscataqua River, from surface to
bottom, within a 500-yard radius around
any vessel, barge, or dredging
equipment engaged in blasting
operations and any blasting worksites.
(b) Definitions. As used in this
section, Designated Representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Northern New England (COTP)
in the enforcement of the safety zone.
(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
Designated Representative via VHF–FM
marine channel 16 or by contacting the
Coast Guard Sector Northern New
England Command Center at (207) 741–
5465. Those in the safety zones must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s Designated Representative.
(d) Enforcement period. This section
is effective from November 1, 2021,
through April 15, 2022, but will only be
enforced while dredging or blasting
operations are in progress. The Coast
Guard will utilize Broadcast Notice to
Mariners and Local Notice to Mariners
to notify the public of the time and
duration that these safety zones will be
enforced.
Dated: October 21, 2021.
A.E. Florentino,
Captain, U.S. Coast Guard,Captain of the
Port, Sector Northern New England.
[FR Doc. 2021–23324 Filed 10–25–21; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
15:52 Oct 25, 2021
Jkt 256001
RIN 2900–AR00
Veterans Legacy Grants Program
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is establishing in regulation
the Veterans Legacy Grants Program
(VLGP), which will provide funding to
educational institutions and other
eligible entities to conduct cemetery
research and produce educational tools
for the public to utilize and learn about
the histories of Veterans interred in VA
national cemeteries and VA grantfunded State and Tribal Veterans’
cemeteries.
SUMMARY:
This rule is effective November
26, 2021.
FOR FURTHER INFORMATION CONTACT: Tim
Nosal, Deputy Director, Office of
Engagement and Memorial Innovations,
National Cemetery Administration,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 443–5601. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION: On March
26, 2021, VA published a proposed rule
in the Federal Register (86 FR 16165)
that would implement VA’s statutory
authority to establish the VLGP. The
public comment period ended on May
25, 2021, and VA received 11 comments
in response to the proposed rule. Four
commenters expressed support for the
rulemaking and the VLGP, and we
appreciate the positive feedback. We
agree that the VLGP promotes and
recognizes the sacrifices of those who
came before us and highlights Veterans’
contributions. Veterans deserve final
resting places that recognize their
accomplishments and sacrifices, and the
VLGP serves as a mechanism to support
this outcome. VA agrees that making
this grant program available to
‘‘educational institutions’’ at all levels
of school systems promotes inclusion
and diversity of perspective. Grants and
opportunities provided by the VLGP are
substantial ways to bring communities
together in support of our Veterans. VA
is committed to preserving Veterans’
legacies through the award of
meaningful grants that support
innovative and engaging ways to
memorialize Veterans in perpetuity. In
the following discussion, we address
questions and suggestions for this
rulemaking from seven commenters.
DATES:
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59035
One commenter suggested that VA
consider including museums as a type
of educational institution eligible to
participate in this grant program. We
agree that museums should be eligible
to participate and note that a museum
could be considered under either
§ 38.715(c)(3) as an eligible non-profit
entity or § 38.715(c)(5) as an eligible
recipient if deemed appropriate by the
Secretary. Specifically, under
§ 38.715(c)(3), a museum that is a nonprofit entity and has a demonstrated
history of community engagement
pertinent to the projects described in a
Notice of Funding Availability (NOFA)
could be eligible to receive a VLGP
grant. Alternatively, even if a museum
does not meet those criteria, it could
nonetheless be eligible under
§ 38.715(c)(5) if the Secretary deems it
an appropriate recipient based on other
considerations. We note that prior to the
VLGP authority, VA, through the
Veterans Legacy Program (VLP),
awarded contracts to museums, state
historical societies, and humanities
councils, and we will continue to afford
those entities the opportunity to support
VA by participating in the VLGP. Based
on the foregoing reasons, VA will make
no changes to the rulemaking based on
this comment.
One commenter noted a few issues in
the proposed rule that were vague and
required additional information. The
commenter inquired about the ways in
which VA intends to make the research
produced through these grants publicly
accessible. The commenter asked
whether researchers would share
information online, on tombstones, or in
another way to ensure the public’s
understanding of the services provided
by Veterans. The National Cemetery
Administration (NCA) maintains several
public resources (e.g., VA websites,
social media, lesson plans, interactive
maps, and short video vignettes) that
make information about Veterans
accessible. Examples of Veteran
information include inscription
information on gravesite markers or
other digital exhibits of photographs
and video or audio clips that showcase
a grantee’s work. Research conducted
under a VLGP grant could be published
on some of those public resources as
well as other agency sites depending on
the nature of the information and grant
requirements.
The commenter also questioned how
the VLGP will ensure increased
community engagement and monitor
this important aspect of the grant
program. Based on existing VLP
projects, VLGP projects will continue
community engagement through a
variety of programmatic activities (e.g.,
E:\FR\FM\26OCR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Rules and Regulations]
[Pages 59033-59035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23324]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0344]
RIN 1625-AA00
Safety Zone; Piscataqua River Turning Basin Dredge Project,
Portsmouth, NH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones for
the navigable waters of the Piscataqua River in Portsmouth Harbor. The
first safety zone will be a 100-yard radius around any vessel, barge,
or dredging equipment engaged in dredging operations. The second safety
zone will be a 500-yard radius around any vessel, barge, or dredging
equipment engaged in blasting operations and any blasting worksites.
The safety zones are necessary to protect persons and vessels from
hazards associated with dredging, drilling, and blasting operations for
overall widening of the uppermost turning basin of the Piscataqua
River.
DATES: This rule is effective without actual notice from October 26,
2021, through April 15, 2022. For the purposes of enforcement, actual
notice will be used from November 1, 2021, until October 26, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0344 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 LT Shaun Doyle, Sector Northern New England Waterways
Management Division, U.S. Coast Guard; telephone 207-347-5015, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On February 12, 2021, the U.S. Army Corps of Engineers notified the
Coast Guard of plans to fund dredging operations on the uppermost
turning basin of the Piscataqua River in Portsmouth Harbor. The project
consists of widening the uppermost turning basin of the Piscataqua
River from 800 feet to 1200 feet to improve navigation maneuverability
and safety.
In response, on August 25, 2021, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Safety Zone; Piscataqua River
Turning Basin Dredge Project, Portsmouth, NH (86 FR 47433). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this dredging project. During the comment
period that ended September 24, 2021, we received no comments.
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 Northern New
England (COTP) has determined that potential hazards associated with
the dredging operations starting November 1, 2021, will be a safety
concern for anyone within a 100-yard radius around any vessel, barge,
or dredging equipment engaged in dredging operations. Additionally, the
COTP has determined that potential hazards associated with the
explosives to be used in this operation would be a safety concern for
anyone within a 500-yard radius around any vessel, barge, or dredging
equipment engaged in blasting operations and any blasting worksites.
The purpose of this rule is to ensure safety of vessels and the
navigable waters in the safety zone before, during, and after the
scheduled dredging operations.
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 timely action is needed to
respond to the potential safety hazards associated with the dredging
project.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
August 25, 2021. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes two safety zones from November 1, 2021,
through April 15, 2022. The first safety zone will be a 100-yard radius
around any vessel, barge, or dredging equipment actively engaged in
dredging operations. The second safety zone will be a 500-yard radius
around any vessel, barge, or dredging equipment engaged in blasting
operations and any blasting worksites. The 500-yard safety zone will be
enforced during active blasting operations and will be suspended once
successful detonation has been confirmed and blasting operations have
been secured. The Coast Guard will notify the public and local mariners
of the 500-yard safety zone through appropriate means, which may
include, but are not limited to, publication in the Local Notice to
Mariners and Broadcast Notice to Mariners via VHF-FM marine channel 16
in advance of any enforcement. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. There are no changes in the regulatory text
of this rule from the proposed rule in the NPRM.
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,
[[Page 59034]]
this rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety
zones will be enforced during periods of active dredging or blasting
operations from November 1, 2021, through April 15, 2022. The 500-yard
radius safety zone around any vessel, barge, or dredging equipment
engaged in blasting operations and any blasting worksites will only be
enforced when blasting operations are conducted for short durations.
Once blasting operations have been secured, vessel traffic will be able
to transit around the 100-yard radius safety zone around any vessel,
barge, or dredging equipment actively engaged in dredging operations.
Dredging vessel(s) conducting operations will accommodate necessary
commerce and movement of cargo through daily coordination with U.S.
Army Corps of Engineers, contractors, Portsmouth Pilots, and U.S. Coast
Guard. Proper public notice of enforcement will be given through
appropriate means, which may include, but are not limited to,
publication in the Local Notice to Mariners and Broadcast Notice to
Mariners via VHF-FM marine channel 16.
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 received no comments from the Small Business
Administration on this rulemaking. 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
establishing two safety zones near the uppermost turning basin of the
Piscataqua River in Portsmouth Harbor that will be enforced
periodically from November 1, 2021, through April 15, 2022, that
prohibits entry within a 100-yard radius around any vessel, barge, or
dredging equipment engaged in dredging operations, and within a 500-
yard radius around any vessel, barge, or dredging equipment engaged in
blasting operations and any blasting worksites. 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,
Revision No. 01.2.
[[Page 59035]]
0
2. Add Sec. 165.T01-0344 to read as follows:
Sec. 165.T01-0344 Safety Zone; Piscataqua River Turning Basin Dredge
Project, Portsmouth, NH.
(a) Location. The following areas are a safety zone:
(1) Safety zone 1. All navigable waters of the Piscataqua River,
from surface to bottom, within a 100-yard radius around any vessel,
barge, or dredging equipment engaged in dredging operations.
(2) Safety zone 2. All navigable waters of the Piscataqua River,
from surface to bottom, within a 500-yard radius around any vessel,
barge, or dredging equipment engaged in blasting operations and any
blasting worksites.
(b) Definitions. As used in this section, Designated Representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Northern New England (COTP) in the enforcement of
the safety zone.
(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
Designated Representative via VHF-FM marine channel 16 or by contacting
the Coast Guard Sector Northern New England Command Center at (207)
741-5465. Those in the safety zones must comply with all lawful orders
or directions given to them by the COTP or the COTP's Designated
Representative.
(d) Enforcement period. This section is effective from November 1,
2021, through April 15, 2022, but will only be enforced while dredging
or blasting operations are in progress. The Coast Guard will utilize
Broadcast Notice to Mariners and Local Notice to Mariners to notify the
public of the time and duration that these safety zones will be
enforced.
Dated: October 21, 2021.
A.E. Florentino,
Captain, U.S. Coast Guard,Captain of the Port, Sector Northern New
England.
[FR Doc. 2021-23324 Filed 10-25-21; 8:45 am]
BILLING CODE 9110-04-P
