Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules 12887 

■ 5. On page 4605, the third column, in 

§ 1.1297–4, the seventh line from the 

bottom of paragraph (f)(6)(ii), the 

language ‘‘IFRS’’ is corrected to read 

‘‘IFRS,’’. 

■ 6. On page 4605, the third column, in 

§ 1.1297–4, the third line from the 

bottom of paragraph (f)(6)(iii), the 

language ‘‘IFRS’’ is corrected to read 

‘‘IFRS,’’. 

§ 1.1297–5 [Corrected] 

■ 7. On page 4606, the third column, in 

§ 1.1297–5, the third line from the 

bottom of paragraph (c)(2)(I)(E), the 

language ‘‘timeline’’ is corrected to read 

‘‘timeline,’’. 

■ 8. On page 4607, the third column, in 

§ 1.1297–5, the fifth line from the top of 

paragraph (f)(3), the language ‘‘reserves’’ 

is corrected to read ‘‘reserves,’’. 

■ 9. On page 4607, in the third column, 

in § 1.1297–5, the fourth line from the 

top of the first partial paragraph (f)(4), 

the language ‘‘management’’ is corrected 

to read ‘‘management,’’. 

■ 10. On page 4607, the third column, 

in § 1.1297–5, the second line from the 

bottom of paragraph (f)(5), the language 

‘‘annuity’’ is corrected to read 

‘‘annuity,’’. 

■ 11. On page 4607, the third column, 

in § 1.1297–5, the second line from the 

top of paragraph (f)(7), the language 

‘‘marketing’’ is corrected to read 

‘‘marketing,’’. 

Crystal Pemberton, 

Senior Federal Register Liaison, Legal 

Processing Division, Associate Chief Counsel, 

(Procedure and Administration). 

[FR Doc. 2021–04542 Filed 3–4–21; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0083] 

RIN 1625–AA00 

Safety Zone; Fincantieri Blasting 

Project; Menominee River, Menominee, 

MI and Marinette, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain waters of the Menominee River 

in Marinette, WI within 1000 feet of a 

blasting area. This action is necessary to 

provide for the safety of life on these 

navigable waters during the daily 

blasting at the southern bank of the 

Menominee River near the Fincantieri 

Marinette Marine facility. This proposed 

rulemaking would restrict usage by 

persons and vessels within the safety 

zone. At no time during the effective 

period may vessels or person pass 

between the construction barges and 

southern bank of Menominee River. 

Also during the entire effective period, 

vessels are prohibit from transiting the 

safety zone at speeds that would create 

a wake. Additionally, during blasting 

operations, lasting approximately 15 

minutes each evening, no person or 

vessel may enter the safety zone. These 

restrictions would apply to all vessels 

during the effective period unless 

authorized by the Captain of the Port 

Lake Michigan or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before March 22, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0083 using the Federal 

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Chief Petty 

Officer Jeromy Sherrill, Sector Lake 

Michigan Waterways Management 

Division, U.S. Coast Guard; telephone 

414–747–7148, email 

Jeromy.N.Sherrill@uscg.mil. 

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, Purpose, and Legal 

Basis 

On February 26, 2021, Roen Salvage 

Company notified the Coast Guard that 

it will be conducting daily blasting 

operations beginning April 1, 2021 to 

November 30, 2021, for an approximate 

15 minute period occurring between 

3:30 to 5:30 p.m. in conjunction with a 

construction project. The blasting will 

take place on the southern bank of the 

Menominee River near the Fincantieri 

Marinette Marine facility. The Captain 

of the Port Sector Lake Michigan (COTP) 

has determined that potential hazards 

associated with the blasting would be a 

safety concern for anyone within a 1000 

foot radius of the blasting site. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 1000-foot 

radius of the blasting site before, during, 

and after the scheduled event. The Coast 

Guard is proposing this rulemaking 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231).] 

The Coast Guard is issuing this 

temporary rule with an abridged 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 undertaking a thirty-day comment 

period with respect to this rule because 

the Coast Guard received details of these 

operations with insufficient time 

remaining to undergo a full thirty-day 

comment period. While it is 

impracticable to undergo a full thirtyday comment period and still protect 

the public from the hazards associated 

with these operations, the Coast Guard 

invites comments for the next fifteen 

days. 

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 for the 

same reason stated above—immediate 

action is needed to respond to the 

potential safety hazards associated with 

the daily blasting. 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

safety zone lasting from April 1, 2021 to 

November 30, 2021 for an approximate 

15 minute period occurring daily 

between 3:30 to 5:30 p.m. The safety 

zone would cover all navigable waters 

within 1000 foot radius of the blasting 

site which will be on the southern bank 

of the Menominee River at the 

Fincantieri Ship Yard in Marinette, WI. 

The duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the daily blasting event. No vessel 

or person would be permitted to enter 

the safety zone during blasting 

operations. During non-blasting times, 

no vessels would be permitted to transit 

the area at speeds that would create a 

wake. Additionally, no vessels would be 

permitted to transit between the 


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12888 Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules 

construction barges and the southern 

bank of the Menominee River. No 

vessels or person would be allowed to 

conduct the three preceeding activities 

without obtaining permission from the 

COTP or a designated representative. 

The regulatory text we are proposing 

appears at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the characteristics of the 

safety zone. The safety zone created by 

this proposed rule will relatively small 

and is designed to minimize its impact 

on navigable waters. This proposed rule 

will prohibit entry into certain 

navigable waters of the Menominee 

River in Marinette, WI, and it is not 

anticipated to exceed 15 minutes in 

duration each day. During non-blasting 

operation vessels would be allowed to 

enter the safety zone at speeds that do 

not create a wake. Additionally, the 

exclusion area between the construction 

barges and southern bank of the river is 

small and allows for plenty of space 

within the channel for vessels to transit 

the area north of the construction 

barges. Thus, restrictions on vessel 

movement within that particular area 

are expected to be minimal. Moreover, 

under certain conditions vessels may 

still transit through the safety zone 

when permitted by the COTP Lake 

Michigan. 

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 proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed 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 made a preliminary determination 

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 proposed 

rule involves a safety zone that would 

prohibit vessels from passing through a 

small area located between the 

construction barges and the southern 

bank of the Menominee River, would 

prohibit entry into the all navigable 

waters within a 1000 foot radius of the 

construction barges for a maximum of 

15 minutes per day during blasting 

activities, and would prohibit vessels 

from transiting the safety zone at speeds 

that would create a wake. Normally 

such actions are 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 preliminary 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. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 


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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules 12889 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to https://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

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 

■ 2. Add § 165.T09–0083 to read as 

follows: 

§ 165.T09–0035 Safety Zone; Blasting 

Project; Menominee River, Marinette, WI. 

(a) Location. All navigable waters of 

the Menominee River within 1000 feet 

of the blast area on the southern bank 

of the river at coordinates 

43.0705000°N, 086.2346667°. 

(b) Enforcement Period. The safety 

zone portion of the regulated area 

described in paragraph (a) of this 

section is effective for 15 minutes 

between 3:30 p.m. and 5:30 p.m. each 

evening from April 1 to November 30, 

2021. The part of the safety zone 

between the construction barges and the 

southern bank of the river, and the nowake zone portion of the regulated area 

described in paragraph (a) of this 

section will be in effect continuously 

from April 1 to November 30, 2021. 

(c) Regulations. 

(1) In accordance with the general 

regulations in section § 165.23, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan (COTP) or a designated 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) The ‘‘designated representative’’ of 

the COTP is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the COTP 

to act on his or her behalf. 

(4) Persons and vessel operators 

desiring to enter or operate within the 

safety zone during blasting operations, 

or at speeds that would create a wake, 

must contact the COTP or an on-scene 

representative to obtain permission to 

do so. The COTP or an on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the COTP or 

an on-scene representative. 

Dated: March 1, 2021. 

D.P. Montoro, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2021–04553 Filed 3–4–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR –2021–0134; FRL–10020– 

93-Region 9] 

Air Plan Approval; Arizona; Pinal 

County Air Quality Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Pinal County Air 

Quality Control District (PCAQCD or 

District) portion of the Arizona State 

Implementation Plan (SIP). These 

revisions concern the District’s negative 

declarations for the 2008 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS or ‘‘standards’’) in the portion 

of the Phoenix-Mesa ozone 

nonattainment area under the 

jurisdiction of the PCAQCD and two 

volatile organic compound (VOC) rules 

covering gasoline dispensing and 

surface coating operations. We are 

proposing to approve local rules to 

regulate these emission sources under 

the Clean Air Act (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Comments must be received on 

or before April 5, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0134 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 


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