40390 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Proposed Rules 

Documents mentioned in this NPRM 

as being available in this 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 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

DHS Delegation No. 0170.1. 

■ 2. In § 117.400 add paragraph (c) to 

read as follows: 

§ 117.400 Indiana Harbor Canal. 

* * * * * 

(c). The Indianapolis Boulevard 

Bridge, mile 2.59, at East Chicago, shall 

open on signal if at least twelve hours’ 

notice is given. 

M.J. Johnston, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2021–15488 Filed 7–27–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0531] 

RIN 1625–AA00 

Safety Zone; Monongahela River Mile 

96.0 to Mile 97.0, Maidsville, WV 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

mile 96.0 to mile 97.0 of the 

Monongahela River. This action is 

necessary to provide for the safety of the 

life on these navigable water near 

Maidsville, WV during a pipe and 

diffuser underwater installation from 

August 23, 2021 through August 25, 

2021. This proposed rulemaking would 

prohibit persons and vessels from 

entering the safety zone unless 

authorized by the Captain of the Port 

Pittsburgh (COTP) 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 August 12, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0531 using the Federal Decision 

Making 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 MST3 

Matthew Izso, Marine Safety Unit 

Pittsburgh, U.S. Coast Guard; telephone 

412–221–0807, email Matthew.R.Izso@

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 July 6, 2021, the Brayman 

Construction Corporation notified the 

Coast Guard that it will be conducting 

an underwater pipe and diffuser 

installation for Longview Power from 6 

a.m. to 9 p.m. on August 23, 2021 

through August 25, 2021. The 

installation will take place at mile 96.5 

on the Monongahela River near 

Maidsville, WV. Hazards associated 

with proposed operations present a 

hazard to navigation. The COTP 

Pittsburgh has determined that potential 

hazards associated with the installation 

work would be a safety concern for 

anyone transiting the river. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters before, during, and 

after the scheduled installation activity. 

The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

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

III. Discussion of Proposed Rule 

The COTP Pittsburgh is proposing to 

establish a safety zone from 6 a.m. to 9 

p.m. on August 23, 2021 through August 

25, 2021. The safety zone would cover 

all navigable waters from mile 96.0 to 

mile 97.0 on the Monongahela River 

near Maidsville, WV. The duration of 

the zone is intended to ensure the safety 

of vessels and these navigable waters 

before, during, and after the scheduled 

intallation project. No vessel or person 

would be permitted to enter the safety 

zone without obtaining permission from 

the COTP Pittsburgh 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 size, location, and 

duration of the safety zone. The safety 

zone will impact a 1-mile stretch of the 

Monongahela River for 3 days. 

Moreover, the Coast Guard would issue 

a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rulemaking would allow 

vessels to seek permission to enter 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 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 


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Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Proposed Rules 40391 

jurisdiction qualifies as a small entity 

and that this proposed 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 proposed 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 

proposed 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 rulemaking 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 proposed 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 lasting from 

August 23, 2021 through August 25, 

2021 from mile 96.0 to mile 97.0 on the 

Monongahela River near Maidsville, 

WV. 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. 

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. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2021–0531 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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 is proposing 

to amend 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.T08–0531 to read as 

follows: 


khammond on DSKJM1Z7X2PROD with PROPOSALS
40392 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Proposed Rules 

§ 165.T08–0531 Safety Zone; 

Monongahela, Mile 96.0 to Mile 97.0, 

Maidsville, WV. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Monongahela River from mile 96.0 to 

mile 97.0. 

(b) Effective period. This section is 

effective from August 23, 2021 through 

August 25, 2021. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

of persons and vessels into this zone is 

prohibited unless authorized by the 

Captain of the Port Marine Safety Unit 

Pittsburgh (COTP) or a designated 

representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the COTP 

Pittsburgh or a designated 

representative. The COTP’s 

representative may be contacted at 412– 

221–0807. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP Pittsburgh or a designated 

representative. Designated COTP 

representatives include United States 

Coast Guard commissioned, warrant, 

and petty officer. 

(d) Information broadcasts. The COTP 

Pittsburgh or a designated 

representative will inform the public 

through Local Notice to Mariners 

(LNMs), Broadcast Notices to Mariners 

(BNMs), and/or Marine Safety 

Information Bulletins (MSIBs), as 

appropriate. 

Dated: 22 July 2021. 

E.J. Velez, 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2021–15928 Filed 7–27–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Parts 60 and 63 

[NPS–WASO–NHPA–32134; PPWONRADE2, 

PMP00EI05.YP0000] 

RIN 1024–AE49 

National Register of Historic Places; 

Withdrawal 

AGENCY: National Park Service; Interior. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The National Park Service 

withdraws the proposed rule that would 

have revised regulations governing the 

listing of properties in the National 

Register of Historic Places. The National 

Park Service no longer intends to 

prepare a final rule and has terminated 

the rulemaking process. 

DATES: The March 1, 2019 proposed rule 

(84 FR 6996) is withdrawn as of July 28, 

2021. 

FOR FURTHER INFORMATION CONTACT: Joy 

Beasley, Associate Director, Cultural 

Resources Partnerships and Science & 

Keeper of the National Register of 

Historic Places, NPS (WASO), (202) 

354–6991, joy_beasley@nps.gov. 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2021–15944 Filed 7–27–21; 8:45 am] 

BILLING CODE 4312–52–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2019–0708; FRL–8711–01– 

R7] 

Air Plan Approval; Iowa; Polk County; 

State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Iowa State 

Implementation Plan (SIP) to include 

recent changes to the Polk County Board 

of Health Rules and Regulations in 

addition to revisions from past 

submittals. The proposed revisions 

update definitions and references to the 

effective dates of Federal rules approved 

into the State’s SIP, prohibit burning of 

demolished buildings, update references 

to methods and procedures for 

performance test/stack test and 

continuous monitoring systems, and 

revise permitting exemptions. These 

proposed revisions will not adversely 

impact air quality and will ensure 

consistency between the State and 

Federally approved rulemakings. 

DATES: Comments must be received on 

or before August 27, 2021. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2019–0708 to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received will be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Written Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Doolan, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number (913) 551–7719; 

email address doolan.stephanie@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Written Comments 

II. What is being addressed in this document? 

III. What SIP revisions are being proposed by 

the EPA? 

IV. Have the requirements for approval of a 

SIP been met? 

V. What actions are proposed? 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R07–OAR–2019– 

0708 at https://www.regulations.gov. 

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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. What is being addressed in this 

document? 

The EPA is proposing to approve a 

submission from the State of Iowa to 

revise its SIP to incorporate recent 

updates to Chapter 10 of Polk County’s 

Code of Regulation pertaining to air 

quality. The Clean Air Act (CAA) allows 

authorized States to delegate portions of 

the Act’s implementation and 

enforcement to local governments such 


khammond on DSKJM1Z7X2PROD with PROPOSALS