33888 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 

Sector Puget Sound Waterways 

Management Division, U.S. Coast 

Guard; telephone 206–217–6051, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard normally enforces the safety zone 

in 33 CFR 165.1319 for the Seattle 

Seafair Air Show Performance held in 

Lake Washington, Seattle, WA. This 

event is typically held annually during 

last week of July and the first 2 weeks 

of August. This year, the event 

organizers cancelled Seafair. Therefore, 

the Coast Guard does not plan to enforce 

the safety zone in 33 CFR 165.1319 in 

July or August 2021. 

In addition to this notification of nonenforcement in the Federal Register, if 

the situation changes and the Captain of 

the Port Sector Puget Sound (COTP) 

determines that the regulated area needs 

to be enforced, the COTP will issue a 

Broadcast Notice to Mariners and 

provide actual notice of enforcement to 

any persons in the regulated area. 

Dated: June 21, 2021. 

P.M. Hilbert, 

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

Port Sector Puget Sound. 

[FR Doc. 2021–13721 Filed 6–25–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0457] 

RIN 1625–AA00 

Safety Zone; Upper Potomac River, 

Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Upper Potomac 

River. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment on these navigable 

waters at Washington, DC, on July 4, 

2021, (with alternate date of July 5, 

2021) from potential hazards during a 

fireworks display to commemorate the 

July 4th holiday. 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 p.m. 

on July 4, 2021, through 11 p.m. on July 

5, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0457 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 Ronald.L.Houck@uscg.mil. 

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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that it 

is impracticable and contrary to the 

public interest to publish an NPRM 

because we must take immediate action 

to establish this safety zone by July 4, 

2021, to respond to potential safety 

hazards associated with the the 

fireworks display. Potential safety 

hazards include the accidental 

discharge of fireworks, dangerous 

projectiles, and falling hot embers or 

other debris. Event planners did not 

notify the Coast Guard of the event until 

June 17, 2021. 

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 immediate action is needed to 

respond to the potential safety hazards 

associated with the fireworks display. 

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 July 4, 

2021, display will be a safety concern 

for anyone near these fireworks 

discharge sites. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone before, 

during, and after the scheduled event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 8 p.m. on July 4, 2021, 

to 11 p.m. on July 5, 2021. The safety 

zone will cover all navigable waters of 

the Upper Potomac River, including the 

Tidal Basin, encompassed by a line 

connecting the following points: 

Beginning at the shoreline of West 

Potomac Park at position latitude 

38°53′04.2′′ N, longitude 077°02′52.7′′ 

W, thence southwest to latitude 

38°52′57.1′′ N, longitude 077°02′59.9′′ 

W, thence southeast to the northern 

extent of the George Mason Bridge at 

latitude 38°52′36.9′′ N, longitude 

077°02′29.0′′ W, thence northeast along 

the bridge to the shoreline at latitude 

38°52′44.1′′ N, longitude 077°02′21.8′′ 

W, thence west and north along the 

shoreline to latitude 38°52′55.6′′ N, 

longitude 077°02′15.0′′ W, thence 

northwest across the Tidal Basin to the 

shoreline at latitude 38°53′11.3′′ N, 

longitude 077°02′27.9′′ W, thence south 

and west along the shoreline to and 

terminating at the point of origin located 

in Washington, DC. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters before, during, 

and after the scheduled 9:09 to 9:20 

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 


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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 33889 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the location, duration, and 

time-of-day of the safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone, which will 

impact a small designated area of the 

Upper Potomac River for 3 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 

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 3 hours that will 

prohibit entry within a portion of the 

Upper Potomac River, including the 

Tidal Basin. 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. 

■ 2. Add § 165.T05–0457 to read as 

follows: 

§ 165.T05–0457 Safety Zone; Upper 

Potomac River, Washington, DC. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Upper Potomac River, including the 

Tidal Basin, encompassed by a line 

connecting the following points: 

Beginning at the shoreline of West 

Potomac Park at position latitude 

38°53′04.2′′ N, longitude 077°02′52.7′′ 

W, thence southwest to latitude 

38°52′57.1′′ N, longitude 077°02′59.9′′ 

W, thence southeast to the northern 

extent of the George Mason Bridge at 

latitude 38°52′36.9′′ N, longitude 

077°02′29.0′′ W, thence northeast along 

the bridge to the shoreline at latitude 

38°52′44.1′′ N, longitude 077°02′21.8′′ 

W, thence west and north along the 

shoreline to latitude 38°52′55.6′′ N, 

longitude 077°02′15.0′′ W, thence 

northwest across the Tidal Basin to the 

shoreline at latitude 38°53′11.3′′ N, 

longitude 077°02′27.9′′ W, thence south 

and west along the shoreline to and 

terminating at the point of origin, 

located in Washington, DC. These 

coordinates are based on datum NAD 

1983. 


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33890 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations 

(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). 

(3) Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement period. This section 

will be enforced from 8 p.m. to 11 p.m. 

on July 4, 2021, or if necessary due to 

inclement weather on July 4, 2021, from 

8 p.m. to 11 p.m. on July 5, 2021. 

Dated: June 22, 2021. 

David E. O’Connell, 

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

Port Maryland—National Capital Region. 

[FR Doc. 2021–13727 Filed 6–25–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2019–0515; FRL–10021–90] 

1-Aminocyclopropane-1-Carboxylic 

Acid (1–ACC); Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the plant 

growth regulator 1-aminocyclopropane1-carboxylic acid (1–ACC) in or on 

apples and stone fruit when used in 

accordance with good agricultural 

practices. Valent BioSciences, LLC., 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance for 

residues of the plant growth regulator 1- 

aminocyclopropane-1-carboxylic acid 

(1–ACC) in or on apples and stone fruit 

when used in accordance with good 

agricultural practices. This regulation 

eliminates the need to establish a 

maximum permissible level for residues 

of 1-aminocyclopropane-1-carboxylic 

acid (1–ACC). 

DATES: This regulation is effective June 

28, 2021. Objections and requests for 

hearings must be received on or before 

August 27, 2021 and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2019–0515, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. Due to the public health 

concerns related to COVID–19, the EPA 

Docket Center (EPA/DC) and Reading 

Room is closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Publishing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2019–0515 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

August 27, 2021. Addresses for mail and 

hand delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2019–0515, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 


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