37916 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations 

(2) Vessels requiring entry into the 

safety zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s representative by telephone at 

502–779–5422 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter the safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public when the safety zone 

is being enforced via a Broadcast 

Notices to Mariners. 

Dated: July 13, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–15276 Filed 7–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0331] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, Great 

Egg Harbor Bay, Ocean City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of Great Egg 

Harbor Bay in Ocean City, NJ. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by a 

fireworks display. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port (COTP) Delaware 

Bay. 

DATES: This rule is effective from 9 p.m. 

through 9:30 p.m. on July 24, 2021. 

ADDRESSES: Documents mentioned in 

this preamble are available in the docket 

for this rulemaking at https://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Jennifer Padilla, 

Sector Delaware Bay, Waterways 

Management Division, U.S. Coast 

Guard; telephone (215) 271–4814, email 

Jennifer.L.Padilla@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 Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

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

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

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

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

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable and contrary to the public 

interest to do so. There is insufficient 

time to allow for a reasonable comment 

period prior to the event. The rule must 

be in force by July 24, 2021. We are 

taking immediate action to ensure the 

safety of spectators and the general 

public from hazards associated with the 

fireworks display. Hazards include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest. The rule 

needs to be in place by July 24, 2021, 

to mitigate the potential safety hazards 

associated with a fireworks display in 

this location. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority granted in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). The 

Captain of the Port Delaware Bay 

(COTP) has determined that potential 

hazards associated with the fireworks to 

be used in this July 24, 2021, display 

will be a safety concern for anyone 

within a 300-yard radius of the barge. 

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 event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on the waters of Great Egg 

Harbor Bay in Ocean City, NJ, during a 

fireworks display from a barge. The 

event is scheduled to take place 

between 9 p.m. and 9:30 p.m. on July 

24, 2021. The safety zone will extend 

300 yards around the barge, which will 

be anchored at approximate position 

latitude 39°17′22′′ N, longitude 

074°34′29′′ W. The duration of the zone 

is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters during the 

fireworks display. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the following factors: (1) 

Although persons and vessels may not 

enter, transit through, anchor in, or 

remain within the safety zone without 

authorization from the COTP Delaware 

Bay or a designated representative, they 

may operate in the surrounding area 

during the enforcement period; (2) 

persons and vessels will still be able to 

enter, transit through, anchor in, or 

remain within the regulated area if 

authorized by the COTP Delaware Bay; 

and (3) the Coast Guard will provide 

advance notification of the safety zone 

to the local maritime community by 

Local Notice to Mariners and Broadcast 

Notice to Mariners. 

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 


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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations 37917 

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 expenditures 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 expenditures, 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 does not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

temporary safety zone that prohibits 

persons and vessels from entering, 

transiting through, anchoring in, or 

remaining within a limited area on the 

navigable water in Great Egg Harbor Bay 

during a fireworks display lasting 

approximately 30 minutes. 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 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; 50 

U.S.C. 191; 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.T05–0331 to read as 

follows: 

§ 165.T05–0331 Safety Zone; Fireworks 

Display, Great Egg Harbor Bay, Ocean City, 

NJ. 

(a) Location. The following area is a 

safety zone: All waters of Great Egg 

Harbor Bay in Ocean City, NJ within 300 

yards of the fireworks barge anchored in 

approximate position latitude 39°17′22′′ 

N, longitude 074°34′29′′ W. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel or 

on board a federal, state, or local law 

enforcement vessel assisting the Captain 

of the Port (COTP), Delaware Bay 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 or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or 215–271–4807. 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. 

(3) No vessel may take on bunkers or 

conduct lightering operations within the 

safety zone during its enforcement 

period. 

(4) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. 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 zone 

will be enforced from approximately 9 

p.m. to 9:30 p.m. on July 24, 2021, 

during the effective period for this 

section. 


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37918 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations 

1 84 FR 70092 (December 20, 2019). 

2The four sets of NSR regulations include the 

Prevention of Significant Deterioration regulations 

at 40 CFR 51.166 and 52.21, and the Nonattainment 

NSR regulations at 40 CFR 51.165 and part 51 

Appendix S (also known as the Emission Offset 

Interpretative Ruling). 

Dated: July 14, 2021. 

Leon McClain, Jr., 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Delaware Bay. 

[FR Doc. 2021–15292 Filed 7–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2019–0435; FRL–10017–29– 

OAR] 

RIN 2060–AU46 

New Source Review Regulations; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending several New 

Source Review (NSR) regulations by 

making the following types of changes: 

Correcting typographical and 

grammatical errors, removing court 

vacated rule language, removing or 

updating outdated or incorrect cross 

references, conforming certain 

provisions to changes contained in the 

1990 Clean Air Act (CAA or Act) 

Amendments, and removing certain 

outdated grandfathering or transitional 

exemptions. 

DATES: This final rule is effective on 

August 18, 2021. 

ADDRESSES: The EPA has established a 

docket for this action, identified by 

Docket ID No. EPA–HQ–OAR–2019– 

0435. All documents in the docket are 

listed in the http://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in the 

docket or in hard copy at the EPA 

Docket Center Reading Room, WJC West 

Building, Room 3334, 1301 Constitution 

Avenue NW, Washington, DC 20004. 

Out of an abundance of caution for 

members of the public and our staff, the 

EPA Docket Center and Reading Room 

are closed to the public, with limited 

exceptions, to reduce the risk of 

transmitting COVID–19. Our Docket 

Center staff will continue to provide 

remote customer service via email, 

phone, and webform. For further 

information on EPA Docket Center 

services and the current status, please 

visit us online at https://www.epa.gov/ 

dockets. The hours of operation at the 

EPA Docket Center Reading Room are 

8:30 a.m.–4:30 p.m., Monday–Friday. 

The telephone number for the EPA 

Docket Center is (202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: For 

general questions about this document, 

please contact Mr. Ben Garwood, New 

Source Review Group, Air Quality 

Policy Division, Office of Air Quality 

Planning and Standards (C504–03), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina, 

27711; telephone number (919) 541– 

1358; fax number (919) 541–4028; email 

address: garwood.ben@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Removal of Vacated Ozone NAAQS 

Grandfathering and Ozone Interprecursor 

Trading Provisions 

V. Environmental Justice Considerations 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act (CRA) 

L. Judicial Review 

VII. Statutory Authority 

I. Background 

The EPA published a notice of 

proposed rulemaking (NPRM) on 

December 20, 2019 (‘‘2019 NPRM’’ or 

‘‘2019 proposal’’) 1 including revisions 

to four sets of NSR regulations.2 The 

proposed revisions were intended to 

correct various typographical and 

grammatical errors, remove regulatory 

provisions that have been vacated by the 

court, remove or update outdated or 

incorrect cross references, conform 

certain provisions to changes contained 

in the 1990 CAA Amendments, and 

remove outdated exemptions. 

The NSR regulations have undergone 

revisions and restructurings by the EPA 

during their long history as a result of 

statutory and policy changes, as well as 

numerous court decisions. These 

revisions and restructurings have 

sometimes introduced errors within 

those regulations. In this action, the 

EPA is finalizing revisions to address 

these inadvertent errors. The agency is 

also finalizing other revisions to reflect 

statutory changes enacted by Congress 

which have already been applied in 

practice or changes that have been 

necessitated by court decisions. Thus, 

the EPA considers this final rule to be 

administrative in nature. The EPA’s 

intent is to provide clarity to the 

affected NSR regulations, but not to alter 

the substantive requirements of those 

regulations. The NSR regulations 

affected by this action contain 

requirements for the preconstruction 

review of new major stationary sources 

and major modifications of existing 

major stationary sources. 

In response to the 2019 proposal, the 

EPA received 15 sets of comments: Five 

from industries and industry 

associations, five from anonymous 

commenters, four from state agencies, 

and one from an individual. The 

commenters generally agreed with most 

of the editorial and typographical 

changes that the EPA had proposed. 

Some commenters, however, disagreed 

with some of the proposed changes and 

made alternative recommendations for 

consideration in the final rule. In 

addition, some commenters identified 

additional regulatory text needing 

changes. The following section 

addresses some of the significant 

comments and provides the EPA’s 

responses. For a complete description of 

the comments received and the EPA’s 

responses, please refer to the Response 

to Comment (RTC) document that the 

EPA has placed in the docket for this 

rulemaking. 

In order to provide a clear description 

of the regulatory revisions contained in 

the 2019 proposal, the EPA also 

included a separate table in the 

rulemaking docket showing each of the 


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