Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Rules and Regulations 41715 

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 that will prohibit entry within a 

one nautical mile radius of vessels and 

machinery being used by personnel 

response operations to a capsized 

vessel. It is categorically excluded from 

further review under paragraph L60(d) 

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.T08–0607 to read as 

follows: 

§ 165.T08–0607 Safety Zone; South 

Timbalier Block 22, Gulf of Mexico, Port 

Fourchon, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

a one nautical mile radius of the 

capsized vessel and emergency response 

operations taking place at 

29°00′25.7877′′ N, 090°11′52.9852′′ W. 

(b) Effective period. This section is 

effective from August 2, 2021 through 

December 31, 2021. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into or remaining within 

this zone is prohibited unless 

authorized by the Captain of the Port 

Marine Safety Unit (COTP) or 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Marine 

Safety Unit Houma. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. They may be contacted 

on VHF–FM Channel 16 or 67 or by 

telephone at (985) 665–2437. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by 

COTP or the designated representative. 

(e) 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 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

J.W. Russell, 

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

Port, Marine Safety Unit Houma. 

[FR Doc. 2021–16505 Filed 8–2–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0500] 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel; 

Chicago River Between the Michigan 

Avenue Bridge and Columbus Drive 

Bridge, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone, on the main branch of the 

Chicago River between the Michigan 

Avenue Bridge and the Columbus Drive 

Bridge for the Chicago Ducky Derby 

Marine Event. During the enforcement 

period, entry into, transiting, mooring, 

laying-up, or anchoring within the 

established safety zone is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan or an on-scene 

designated representative. 

DATES: A segment of the regulation in 33 

CFR 165.930 will be enforced on August 

5, 2021, from 11 a.m. through 2 p.m. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Petty Officer 

Eric Krukar, Marine Safety Unit 

Chicago, U.S. Coast Guard; telephone: 

630–986–2155, email: Eric.R.Krukar@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

safety zone listed safety zone in 33 CFR 

165.930. The segment of the safety zone 

to be enforced is between the Michigan 

Avenue Bridge and the Columbus Drive 

Bridge on the main branch of the 

Chicago River. This action is being 

taken to provide for the safety of life on 

navigable waterways during the Chicago 

Ducky Derby Marine Event. Our 

regulation for marine events within the 

Ninth Coast Guard District, § 165.930, 

specifies the Captain of the Port Lake 

Michigan, may enforce this safety zone 

in whole, in segments, or by any 


jbell on DSKJLSW7X2PROD with RULES
41716 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Rules and Regulations 

combination of segments. The Captain 

of the Port Lake Michigan may suspend 

the enforcement of any segment of this 

safety zone for which notice of 

enforcement had been given. 

During the enforcement periods, as 

reflected in § 165.930 (d), entry into, 

transiting, mooring, laying up, or 

anchoring within any enforced segment 

of the safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan, or a designated 

representative. This notice of 

enforcement is issued under authority of 

33 CFR 165.930 and 5 U.S.C. 552(a). In 

addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of the above-specified 

enforcement periods of this safety zone 

via Broadcast Notice to Mariners and 

Local Notice to Mariners. The Captain of 

the Port Lake Michigan or a designated 

on-scene representative may be 

contacted via Channel 16, VHF–FM or 

at (414) 747–7182. 

Dated: July 28, 2021. 

Donald P. Montoro, 

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

Port, Lake Michigan. 

[FR Doc. 2021–16457 Filed 8–2–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0319; FRL–8742–02– 

R10] 

Air Plan Approval; WA; Update to 

Materials Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating the regulatory 

materials incorporated by reference into 

the Washington State Implementation 

Plan (SIP). The regulations addressed in 

this action were previously submitted 

by the Washington Department of 

Ecology and approved by the EPA in 

prior rulemakings. This action is an 

administrative change that updates the 

SIP materials available for public 

inspection at the National Archives and 

Records Administration and the EPA 

Regional Office. 

DATES: This action is effective August 3, 

2021. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Online at 

https://www.regulations.gov in the 

docket for this action, by appointment at 

the Environmental Protection Agency, 

Region 10, 1200 Sixth Avenue, Suite 

155, Seattle, WA 98101, and by 

appointment at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at the EPA Regional Office, 

please contact the person in the FOR

FURTHER INFORMATION CONTACT section of 

this document. For information on the 

availability of this material at NARA, 

email fedreg.legal@nara.gov, or go to: 

https://www.archives.gov/federalregister/cfr/ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, 1200 Sixth 

Avenue—Suite 155, Seattle, WA 98101, 

at (206) 553–0256, or hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document revised 

by the state to address its unique and 

changing air pollution problems. As 

such, the state submits SIP revisions to 

the EPA and the EPA acts on those 

revisions and incorporates new and 

revised State regulations by reference 

into the Code of Federal Regulations 

(CFR). 

On May 22, 1997, the EPA and the 

Office of the Federal Register (OFR) 

streamlined the incorporation by 

reference (IBR) procedures for SIPs (62 

FR 27968). For a detailed description of 

the revised IBR procedures, please see 

the May 22, 1997 publication (62 FR 

27968). 

On March 20, 2013, the EPA 

published a Federal Register beginning 

the new IBR procedure for Washington 

(78 FR 17108). The EPA subsequently 

published updates to the IBR material 

for Washington on December 8, 2014 (79 

FR 72548), April 12, 2016 (70 FR 

21470), and February 8, 2019 (84 FR 

2738). 

A. Approved and Incorporated by 

Reference Regulatory Materials 

Since the last IBR update, the EPA 

approved and incorporated by reference 

the following regulatory materials into 

the Washington SIP: 

Table 1—Regulations Approved 

Statewide 

• Washington Administrative Code, 

Chapter 173–405, Kraft Pulping Mills, 

sections 021 (Definitions), 072 

(Monitoring Requirements), 086 (New 

Source Review (NSR)), and 087 

(Prevention of Significant Deterioration 

(PSD)). For more information, see 85 FR 

10983 (February 26, 2020). 

• Washington Administrative Code, 

Chapter 173–410, Sulfite Pulping Mills, 

sections 021 (Definitions), 062 

(Monitoring Requirements), 086 (New 

Source Review (NSR)), and 087 

(Prevention of Significant Deterioration 

(PSD)). For more information, see 85 FR 

10983 (February 26, 2020). 

• Washington Administrative Code, 

Chapter 173–415, Primary Aluminum 

Plants, sections 015 (Applicability), 020 

(Definitions), and 060 (Monitoring and 

Reporting). For more information, see 85 

FR 10983 (February 26, 2020). 

Table 2—Additional Regulations 

Approved for Washington Department 

of Ecology (Ecology) Direct Jurisdiction 

• Washington Administrative Code, 

Chapter 173–400, General Regulations 

for Air Pollution Sources, sections 025 

(Adoption of Federal Rules), 030 

(Definitions), 040 (General Standards for 

Maximum Emissions), 050 (Emission 

Standards for Combustion and 

Incineration Units), 060 (Emission 

Standards for General Process Units), 

105 (Records, Monitoring, and 

Reporting), 171 (Public Notice and 

Opportunity for Public Comment), and 

740 (PSD Permitting Public Involvement 

Requirements). For more information, 

see 85 FR 10301 (February 24, 2020). 

Table 3—Additional Regulations 

Approved for the Energy Facilities Site 

Evaluation Council (EFSEC) Jurisdiction 

• Washington Administrative Code, 

Chapter 463–78, General and Operating 

Permit Regulations for Air Pollution 

Sources, section 005 (Adoption by 

Reference). For more information, see 85 

FR 4233 (January 24, 2020). 

• Washington Administrative Code, 

Chapter 173–400, General Regulations 

for Air Pollution Sources, sections 025 

(Adoption of Federal Rules), 030 

(Definitions), 040 (General Standards for 

Maximum Emissions), 050 (Emission 

Standards for Combustion and 

Incineration Units), 060 (Emission 

Standards for General Process Units), 

105 (Records, Monitoring, and 

Reporting), 111 (Processing Notice of 

Construction Applications for Sources, 

Stationary Sources and Portable 

Sources), 116 (Increment Protection), 

171 (Public Notice and Opportunity for 

Public Comment), 710 (Definitions), 720 

(Prevention of Significant Deterioration 

(PSD), 730 (Prevention of Significant 

Deterioration Application Processing 

Procedures), 740 (PSD Permitting Public 

Involvement Requirements), 810 (Major 

Stationary Source and Major 

Modification Definitions), 830 

(Permitting Requirements), 840 

(Emission Offset Requirements), and 

850 (Actual Emissions Plantwide 


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