33512 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 

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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 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 

establishment of a temporary safety 

zone for navigable waters of Conn 

Brown Harbor within a 600-foot radius 

of a fireworks display launched at 

position 27°54′05.37′′ N, 097°08′01.24′′ 

W, in Aransas Pass, Texas. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by a 

fireworks display. It is categorically 

excluded from further review under 

paragraph L60 Appendix A, Table 1 of 

DHS Instruction Manual 023–01–001– 

01, Rev. 1 . 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or 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. 

■ 2. Add § 165.T08–0372 to read as 

follows: 

§ 165.T08–0372 Safety Zone; Conn Brown 

Harbor; Aransas Pass, TX. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Conn Brown Harbor within a 600-foot 

radius of a firework display launched at 

position 27°54′05.37′′ N, 097°08′01.24′′ 

W, in Aransas Pass, Texas 

(b) Effective period. This rule is 

effective from 9 p.m. through 10 p.m. on 

July 3, 2021. 

(c) Regulations. (1) According to the 

general regulations in § 165.23 of this 

part, entry into this temporary safety 

zone is prohibited unless authorized by 

the Captain of the Port Sector Corpus 

Christi (COTP) or a designated 

representative. 

(2) Persons or vessels seeking to enter 

the safety zone must request permission 

from the COTP on VHF–FM channel 16 

(156.8 MHz) or by telephone at 361– 

939–0450. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: June 22, 2021. 

J.B. Gunning, 

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

Port Sector Corpus Christi. 

[FR Doc. 2021–13588 Filed 6–24–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0225] 

RIN 1625–AA00 

Safety Zone, PNSY Entrance Structure 

Heavy Lift Project—Piscataqua River, 

Portsmouth, NH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters in the Piscataqua River, 

Portsmouth, NH. This action is 

necessary to provide for the safety of 

persons, property, and the marine 

environment from the potential safety 

hazards associated with the 

construction and heavy lift operations at 

the Portsmouth Naval Shipyard Dry 

Dock No. 1. When enforced, this rule 

will prohibit persons and vessels from 

entering into the safety zone unless 

authorized by the Captain of the Port 

Northern New England or a designated 

representative. 

DATES: This rule is effective without 

actual notice from June 25, 2021, 

through August 31, 2021. For the 

purposes of enforcement, actual notice 

will be used from June 16, 2021, until 

June 25, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https:// 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 33513 

www.regulations.gov, type USCG–2021– 

0225 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Shaun Doyle, Sector Northern 

New England Waterways Management 

Division, U.S. Coast Guard; telephone 

207–347–5015, email Shaun.T.Doyle@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NAD 83 North American Datum of 1983 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port Sector Northern 

New England 

II. Background Information and 

Regulatory History 

On April 6, 2021, a construction 

company contracted by Portsmouth 

Naval Shipyard (PNSY) notified the 

Coast Guard that in mid-May they 

intend to tow the Weeks 2701 barge 

with the new PNSY Dry Dock No.1 

Superflood Basin entrance structure, 

commonly referred to as the ‘‘structure,’’ 

aboard to PNSY for final lifting and 

setting. The structure is a 5500 ton prefabricated concrete caisson. The 

construction is critical to the PNSY 

Superflood Basin project. The lift and 

placement of the structure will take 

approximately two tide cycles and 

requires no wake or swell from passing 

vessels or weather during critical and 

sensitive lifting operations. The heavy 

lift is critical to the success of the PNSY 

Superflood Basin project and the future 

of PNSY operations. The heavy lift will 

be north of the federal navigation 

channel in the area of PNSY Berth No. 

1. 

The Coast Guard is issuing this 

temporary final 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 

publishing an NPRM would be 

impracticable. A delay or cancellation of 

the currently ongoing PNSY Superflood 

Basin project in order to accommodate 

a full notice and comment period would 

delay necessary operations, result in 

increased costs, and delay the date 

when the PNSY Superflood Basin is 

expected to open for critical naval 

operations. For these reasons, the Coast 

Guard finds it impracticable to delay 

this regulation for purposes of a 

comment period. 

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 reasons specified above. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

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

Captain of the Port Sector Northern New 

England (COTP) has determined that 

potential hazards associated with the 

heavy lift will be a safety concern for 

anyone transiting the Piscataqua River 

in the vicinity of the PNSY Berth 1. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while during the heavy lift. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from June 16, 2021, through 

August 31, 2021. The safety zone will 

cover all navigable waters within 350 

yards of position 43°04′50.38′′ N, 

070°44′39.62′′ W (NAD83) of the 

Piscataqua River, Portsmouth, NH, in 

the vicinity of PNSY Berth No. 1. The 

size and duration of this safety zone is 

intended to ensure the safety of 

waterway users on these navigable 

waters during heavy lift operations. 

We anticipate enforcing the safety 

zone during the heavy lift operations for 

installation of the structure during three 

high tide cycles sometime from July 1, 

2021, through July 4, 2021. No vessel 

may enter, transit through, anchor in, or 

remain in the zone during periods of 

enforcment enforcement unless 

permission is obtained from the COTP 

or a designated representative. Persons 

or vessels seeking to enter the safety 

zones must request permission from the 

COTP or a designated representative on 

VHF–FM channel 16. If permission is 

granted, all persons and vessels shall 

comply with the instructions of the 

COTP or designated representative. The 

COTP or a designated representative 

will inform the public of the 

enforcement times and date for this 

safety zone through Broadcast Notices to 

Mariners (BNMs), Local Notices to 

Mariners (LNMs), and/or Marine Safety 

Information Bulletins (MSIBs), as 

appropriate. The Coast Guard is 

publishing this rule to be effective 

through August 31, 2021 in case the 

project is delayed due to unforeseen 

circumstances. 

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 following reasons: (1) 

The safety zone only impacts a small 

designated area of the Piscataqua River, 

Portsmouth, NH, (2) the zone will only 

be enforced during actual lift 

operations, (3) persons or vessels 

desiring to enter the safety zone may do 

so with permission from the COTP or a 

designated representative. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 


lotter on DSK11XQN23PROD with RULES1
33514 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 

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 approximately 24 to 36 

hours that will prohibit entry within 

350 yards of position 43°04′50.38′′ N, 

070°44′39.62′′ W (NAD83), Piscataqua 

River, Portsmouth, NH, during heavy lift 

operations in Berth No. 1 at PNSY. It is 

categorically excluded from further 

review under paragraph L60a 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. 

■ 2. Add § 165.T01–0225 to read as 

follows: 

§ 165.T01–0225 Safety Zone; Safety Zone, 

PNSY Entrance Structure Heavy Lift 

Project—Piscataqua River, Portsmouth, NH. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

a 350-yards radius of position 

43°04′50.38′′ N, 070°44′39.62′′ W 

(NAD83) on Piscataqua River, 

Portsmouth, NH. 

(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 COTP 

Northern New England 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 VHF–FM channel 16 

or (207) 767–0303 (Sector Northern New 

England Command Center). 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 period[s]. This 

section will be enforced June 16, 2021, 

through August 31, 2021, during active 

heavy lift operations and other instances 

which may cause a hazard to navigation, 

as well as when deemed necessary by 

the COTP, Sector Northern New 

England. 

Dated: June 11, 2021. 

B.J. LeFebvre, 

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

Port, Sector Northern New England. 

[FR Doc. 2021–13598 Filed 6–24–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0250] 

Safety Zone; Lights on the Lake Fourth 

of July Fireworks; South Lake Tahoe, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for South Lake Tahoe’s 

Light on the Lake Fourth of July 


lotter on DSK11XQN23PROD with RULES1