Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations 39959 

submitting written comments on the 

proposal. No comments were received. 

VOR Federal airways are published in 

paragraph 6010(a) of FAA Order 

7400.11E, dated July 21, 2020, and 

effective September 15, 2020, which is 

incorporated by reference in 14 CFR 

71.1. The VOR Federal airways listed in 

this document will be subsequently 

published in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This action amends FAA Order 

7400.11E, Airspace Designations and 

Reporting Points, dated July 21, 2020 

and effective September 15, 2020. FAA 

Order 7400.11E is publicly available as 

listed in the ADDRESSES section of this 

rule. FAA Order 7400.11E lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Rule 

This action amends 14 CFR part 71 by 

modifying VOR Federal airways V–39 

and V–93 in the northeast United States. 

The route changes are described as 

follows: 

V–39: V–39 currently extends 

between Sandhills, NC, and Mont Joli, 

PQ, Canada. This action removes the 

airway segments between Chester, MA, 

and Augusta, ME. As amended, V–39 

consists of two parts: From Sandhills, 

NC, to Chester, MA; followed by a gap 

in the route; then from Augusta, ME to 

Mont Joli, PQ, Canada. 

V–93: V–93 currently consists of two 

parts: From Patuxent River, MD, to the 

intersection of the Wilkes Barre, PA, 

037° and the Sparta, NJ, 300° radials; 

and from the intersection of the Sparta, 

NJ, 018° and the Kingston, NY, 270° 

radials, to Bangor, ME. This action 

removes the segments between Chester, 

MA, and Bangor, ME. As amended, V– 

93 consists of two parts: From Patuxent 

River, MD, to the intersection of the 

Wilkes Barre, PA, 037° and the Sparta, 

NJ, 300° radials; followed by a gap; then 

from the intersection of the Sparta, NJ, 

018° and the Kingston, NY, 270° radials, 

to Chester, MA. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

action only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action of amending VOR Federal 

airways V–39 and V–93, in the 

northeastern United States qualifies for 

categorical exclusion under the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.) and its implementing 

regulations at 40 CFR part 1500, and in 

accordance with FAA Order 1050.1F, 

Environmental Impacts: Policies and 

Procedures, paragraph 5–6.5a, which 

categorically excludes from further 

environmental impact review 

rulemaking actions that designate or 

modify classes of airspace areas, 

airways, routes, and reporting points 

(see 14 CFR part 71, Designation of 

Class A, B, C, D, and E Airspace Areas; 

Air Traffic Service Routes; and 

Reporting Points). As such, this action 

is not expected to cause any potentially 

significant environmental impacts. In 

accordance with FAA Order 1050.1F, 

paragraph 5–2 regarding Extraordinary 

Circumstances, the FAA has reviewed 

this action for factors and circumstances 

in which a normally categorically 

excluded action may have a significant 

environmental impact requiring further 

analysis. The FAA has determined that 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment or 

environmental impact study. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of FAA Order 

7400.11E, Airspace Designations and 

Reporting Points, dated July 21, 2020 

and effective September 15, 2020, is 

amended as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–39 [Amended] 

From Sandhills, NC, South Boston, VA; 

Gordonsville, VA; INT Gordonsville 331° and 

Martinsburg, WV, 216° radials; Martinsburg; 

Lancaster, PA; East Texas, PA; Sparta, NJ; 

Carmel, NY; INT Carmel 045° and Bridgeport, 

CT, 343° radials; INT Bridgeport 343° and 

Chester, MA, 223° radials; to Chester, MA. 

From Augusta, ME; Millinocket, ME; Presque 

Isle, ME; to Mont Joli, PQ, Canada, excluding 

the portion within Canada. 

* * * * * 

V–93 [Amended] 

From Patuxent River, MD, INT Patuxent 

013° and Baltimore, MD, 122° radials; 

Baltimore; INT Baltimore 004° and Lancaster, 

PA, 214° radials; Lancaster; Wilkes-Barre, 

PA; to INT Wilkes-Barre 037° and Sparta, NJ 

300° radials. From INT Sparta 018° and 

Kingston, NY, 270° radials; Kingston; 

Pawling, NY; to Chester, MA. 

* * * * * 

Issued in Washington, DC, on July 20, 

2021. 

George Gonzalez, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2021–15778 Filed 7–23–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0547] 

RIN 1625–AA08 

Special Local Regulation; Tennessee 

River Miles 648 to 650; Knoxville, TN 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation on the Tennessee River from 

MM 648 to 650 on August 1, 2021 from 

7 a.m. to 11 a.m. This special local 

regulation is needed to protect 


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39960 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations 

personnel, vessels, and the marine 

environment from potential hazards 

created during the high speed races 

associated with the K-Town on the 

River triathlon marine event. Entry into 

the safety zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Ohio Valley (COTP). 

DATES: This rule is effective from 7 a.m. 

to 11 a.m. on August 1, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0547 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 MST1 Nicholas Jones, U.S. Coast 

Guard; telephone 615–736–5421, email 

Nicholas.J.Jones@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

MM Mile Marker 

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. We must establish this 

regulation by August 1, 2021, and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing this rule. 

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 contrary to public 

interest because of the safety concerns 

for the participants in the K-Town on 

the River triathlon taking place on 

August 1, 2021. 

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 Ohio Valley 

(COTP) has determined that there are 

safety concers for the participants of the 

K-Town on the River Triathlon due to 

the normal influx of both commercial 

and recreactional vessel traffic. This 

rule is needed to protect participants for 

the duration of the swim portion of the 

event. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from 7 a.m. until 11 a.m. on 

August 1, 2021. The special local 

regulation will cover all navigable 

waters from mile 648 to 650 on the 

Tennessee River. The duration of the 

zone is intended to protect participants 

of the K-Town on the river triathlon. No 

vessel or person or vessel, other than the 

participants, 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 size location, and 

duration of the zone. Vessel traffic will 

be limited for a four hour duration on 

one day. 

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 regulated 

area 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 


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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations 39961 

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 

special local regulation lasting only 4 

hours that will prohibit entry from mile 

648 to 650 on the Tennessee River. It is 

categorically excluded from further 

review under paragraph L[61] and 

L[63a] of 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 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T08–0547 to read as 

follows: 

§ 100.T08–0547 Tennessee River MM 648 

to MM 650, Knoxville, TN. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

All waters of the Tennessee River from 

MM 648 to 650. 

(b) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Ohio Valley (COTP) 

or their designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by phone at 502–779– 

5422. Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners. 

(c) Enforcement period. This section 

will be enforced on Auguest 1, 2021, 

from 7 a.m. to 11 a.m. 

Dated: July 14, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–15805 Filed 7–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2021–0099] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Okeechobee Waterway, Indiantown, FL 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating schedule that governs the 

Seaboard System Railroad Bridge, across 

the Okeechobee Waterway, mile 28.2, at 

Indiantown, FL. This change will allow 

the swing bridge to be remotely 

operated, change the start and end times 

for advance notification for an opening 

during the overnight hours and update 

the name of the bridge. 

DATES: This rule is effective August 25, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type USCG– 

2021–0099 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 Mr. Omar Beceiro, U.S. Coast 

Guard Sector Miami Waterways 

Management Division, telephone 305– 

535–4317, email Omar.Beceiro@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of proposed rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

FL Florida 

II. Background Information and 

Regulatory History 

On March 5, 2021, the Coast Guard 

published a Test Deviation, with a 

request for comments, entitled 

‘‘Drawbridge Operation Regulation; 

Okeechobee Waterway, Indiantown, 

FL,’’ in the Federal Register (86 FR 

12821), to test this operating schedule 

for the Seaboard System Railroad 

Bridge. Zero comments were received 

during the test period. 

On April 12, 2021, the Coast Guard 

published a notice of proposed 

rulemaking entitled ‘‘Drawbridge 

Operation Regulation; Okeechobee 

Waterway, Indiantown, FL,’’ in the 

Federal Register (86 FR 18929). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this 

regulatory change. During the comment 

period that ended June 11, 2021, we 

received one comment which is 

addressed in Section IV of this final 

rule. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. The 

Seaboard System Railroad Bridge across 

the Okeechobee Waterway, mile 28.2, at 

Indiantown, FL, is a swing bridge with 

a seven-foot vertical clearance at mean 

high water in the closed position. 

Navigation on the waterway is 

commercial and recreational. The 

operating schedule for the bridge is set 

forth in 33 CFR 117.317(e). 

The rule allows the swing bridge to be 

remotely monitored and operated. The 


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