44610 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0327] 

RIN 1625–AA00 

Safety Zone; Patapsco River, 

Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Patapsco River. 

This action is necessary to provide for 

the safety of life on these navigable 

waters near the Francis Scott Key 

(I–695) Bridge, Baltimore, MD, while 

work crews install power transmission 

lines crossing over the Patapsco River 

from September 1, 2021 through 

November 17, 2021. This regulation 

prohibits persons and vessels from 

being in the safety zone unless 

authorized by the Captain of the Port 

Maryland—National Capital Region a 

designated representative. 

DATES: This rule is effective from 

September 1, 2021, through November 

17, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0327 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 

On May 12, 2021, Baltimore Gas and 

Electric Company (BGE) provided the 

Coast Guard with details concerning 

activities associated with the 

installation of two new overhead power 

transmission lines crossing over the 

Patapsco River from the vicinity of the 

Hawkins Point terminal Station on the 

west side of the Patapsco River to a 

location just north of Sollers Point 

Terminal Station on the east side of the 

Patapsco River, to be conducted from 

September 1, 2021, through November 

17, 2021. This installation process 

requires the temporary closure of the 

navigation channel near the Francis 

Scott Key (I–695) Bridge and the 

temporary closure of other portions of 

the Patapsco River nearby, including on 

multiple days during the stated 

installation period. In response, on May 

16, 2021, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

titled ‘‘Safety Zone; Patapsco River, 

Baltimore, MD,’’ (86 FR 31999). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this 

installation of overhead power 

transmission lines. During the comment 

period that ended July 16, 2021, we 

received no comments. 

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 because 

immediate action is needed to respond 

to the potential safety hazards 

associated with the installation of power 

transmission lines over the Patapsco 

River adjacent to Francis Scott Key 

(I–695) Bridge conducted within the 

federal navigation channel and other 

portions of the river nearby. Such 

hazards include low-hanging or falling 

ropes and cables, helicopter rotor 

downwash and noise, dangerous 

projectiles, and or other debris. 

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 COTP 

Maryland—National Capital Region has 

determined that potential hazards 

associated with the overhead power 

transmission line installation work will 

be a safety concern for anyone transiting 

the Patapsco River. 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 

work. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published May 

16, 2021. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a safety zone 

from September 1, 2021, through 

November 17, 2021, to be enforced 

while BGE installs overhead power 

transmission lines over the river. On 

days the safety zone will be enforced, 

the affected area of the river will be 

closed during the dates and times 

scheduled. These dates and times may 

change due to weather, or for any reason 

that the primary dates and times could 

not be used. Alternative dates have been 

provided in the event the primary dates 

can not be used. Exact dates and times 

would be announced by broadcast 

notice to mariners, between one and five 

days in advance of the scheduled date, 

to alert mariners of the change. The 

safety zone will cover all navigable 

waters of the Patapsco River, 

encompassed by a line connecting the 

following points beginning at the 

shoreline at Thoms Cove at position 

latitude 39°12′36′′ N, longitude 

076°32′50′′ W, thence east and south 

along the shoreline to Hawkins Point at 

latitude 39°12′40′′ N, longitude 

076°31′58′′ W, thence northeast across 

the Patapsco River to Coffin Point at 

latitude 39°13′55′′ N, longitude 

076°30′18′′ W, thence west and north 

along the shoreline to Sollers Point at 

latitude 39°14′01′′ N, longitude 

076°30′59′′ W, thence west across the 

Patapsco River to and terminating at the 

point of origin, located at Baltimore, 

MD. 

This rule provides additional 

information about areas within the 

safety zone and their definitions. These 

areas include ‘‘Area 1,’’ ‘‘Area 2,’’ ‘‘Area 

3,’’ ‘‘Area 4,’’ ‘‘Area 5,’’ and ‘‘Area 6.’’ 

A diagram of the tower locations is 

provided in the docket folder. 

The duration of the rule and 

enforcement of the zone is intended to 

ensure the safety of vessels and these 

navigable waters while the activities 

associated with the installation of two 

new overhead power transmission lines 

crossing over the Patapsco River are 

being conducted. The COTP will notify 

the public that the safety zone will be 

enforced by all appropriate means to the 

affected segments of the public, as 

practicable, in accordance with 33 CFR 

165.7(a). Such means of notification 

may also include, but are not limited to, 

Broadcast Notice to Mariners. Vessels or 

persons violating this rule are subject to 

the penalties set forth in 46 U.S.C. 

70036 (previously codified in 33 U.S.C. 

1232) and 46 U.S.C. 70052 (previously 

codified in 50 U.S.C. 192). 

Except for craft and equipment 

operated by BGE, or its subcontractors, 

no vessel or person will be permitted to 

enter the safety zone without obtaining 


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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 44611 

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, duration, day-ofweek, and time of year of the safety 

zone, which will impact a small 

designated area of the Patapsco River 

during certain weekdays (Mondays 

through Fridays, including holidays). 

Vessels or persons will not be allowed 

to enter or transit a portion of the 

Patapsco River for a total 97 

enforcement-hours, over an 11-week 

period from September 1, 2021, through 

November 17, 2021, during active 

overhead power transmission line 

installation activities as described in the 

text above. The closures are scheduled 

to impose the least amount of impact on 

vessel operations in Baltimore Harbor. 

Due to the nature of the work and the 

hazards it presents to the workers and 

the public, the COTP has identified the 

need to close the Patapsco River in the 

vicinity of the overhead power line 

crossing while this work is ongoing. 

Moreover, the Coast Guard will issue 

Local Notices to Mariners and 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 received no comments 

from the Small Business Administration 

on this rulemaking. 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 97 total enforcement hours 

that will prohibit entry within portions 

of the Patapsco River. 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: 


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44612 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

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.T05–0327 to read as 

follows: 

§ 165.T05–0327 Safety Zone; Patapsco 

River, Baltimore, MD. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Patapsco River, encompassed by a line 

connecting the following points 

beginning at the shoreline at Thoms 

Cove at position latitude 39°12′36′′ N, 

longitude 076°32′50′′ W, thence east and 

south along the shoreline to Hawkins 

Point at latitude 39°12′40′′ N, longitude 

076°31′58′′ W, thence northeast across 

the Patapsco River to Coffin Point at 

latitude 39°13′55′′ N, longitude 

076°30′18′′ W, thence west and north 

along the shoreline to Sollers Point at 

latitude 39°14′01′′ N, longitude 

076°30′59′′ W, thence west across the 

Patapsco River to and terminating at the 

point of origin, located at Baltimore, 

MD. These coordinates are based on 

datum NAD 83. The following areas are 

within the safety zone: 

(1) Area 1. All navigable waters 

within the safety zone described in 

paragraph (a) of this section, located 

between Tower 1 at latitude 

39°12′35.73′′ N, longitude 076°32′30.00′′ 

W, and Tower 2 at latitude 39°12′46.87′′ 

N, longitude 076°32′14.05′′ W. 

(2) Area 2. All navigable waters 

within the safety zone described in 

paragraph (a) of this section, located 

between Tower 2 at latitude 

39°12′46.87′′ N, longitude 076°32′14.05′′ 

W, and Tower 3 at latitude 39°12′58.56′′ 

N, longitude 076°31′58.74′′ W. 

(3) Area 3. All navigable waters 

within the safety zone described in 

paragraph (a) of this section, located 

between Tower 3 at latitude 

39°12′58.56′′ N, longitude 076°31′58.74′′ 

W, and Tower 4 at latitude 39°13′13.79′′ 

N, longitude 076°31′38.79′′ W. 

(4) Area 4. All navigable waters 

within the safety zone described in 

paragraph (a) of this section, located 

between Tower 4 at latitude 

39°13′13.79′′ N, longitude 076°31′38.79′′ 

W, and Tower 5 at latitude 39°13′26.61′′ 

N, longitude 076°31′21.98′′ W. 

(5) Area 5. All navigable waters 

within the safety zone described in 

paragraph (a) of this section, located 

between Tower 5 at latitude 

39°13′26.61′′ N, longitude 076°31′21.98′′ 

W, and Tower 6 at latitude 39°13′39.43′′ 

N, longitude 076°31′05.18′′ W. 

(6) Area 6. All navigable waters 

within the safety zone described in 

paragraph (a) of this section, located 

between Tower 6 at latitude 

39°13′39.43′′ N, longitude 076°31′05.18′′ 

W, and Tower 7 at latitude 39°13′52.14′′ 

N, longitude 076°30′48.69′′ W. 

(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 a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port Maryland— 

National Capital Region (COTP) in the 

enforcement of the safety zone. 

Tower means a Baltimore Gas and 

Electric Company steel monopole 

structure used to support overhead high 

voltage transmission lines, located 

between the vicinity of the Hawkins 

Point Terminal Station on the west side 

of the Patapsco River and a location just 

north of Sollers Point Terminal Station 

on the east side of the Patapsco River. 

(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). 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 periods. (1) 

Paragraphs (a)(1) through (6) of this 

section will be enforced: 

(i) From 9 a.m. to 10:30 a.m. and from 

1 p.m. to 2:30 p.m. on September 1, 

2021. If necessary due to inclement 

weather or other reason on September 1, 

2021, it will be enforced from 9 a.m. to 

10:30 a.m. and from 1 p.m. to 2:30 p.m. 

on September 7, 2021; 

(ii) From 9 a.m. to 10:30 a.m. and 

from 1 p.m. to 2:30 p.m. on September 

2, 2021. If necessary due to inclement 

weather or other reason on September 2, 

2021, it will be enforced from 9 a.m. to 

10:30 a.m. and from 1 p.m. to 2:30 p.m. 

on September 8, 2021; 

(iii) From 9 a.m. to 10:30 a.m. and 

from 1 p.m. to 2:30 p.m. on September 

13, 2021. If necessary due to inclement 

weather or other reason on September 

13, 2021, it will be enforced from 9 a.m. 

to 10:30 a.m. and from 1 p.m. to 2:30 

p.m. on September 15, 2021; 

(iv) From 9 a.m. to 10:30 a.m. and 

from 1 p.m. to 2:30 p.m. on September 

20, 2021. If necessary due to inclement 

weather or other reason on September 

20, 2021, it will be enforced from 9 a.m. 

to 10:30 a.m. and from 1 p.m. to 2:30 

p.m. on September 22, 2021; 

(v) From 9 a.m. to 10:30 a.m. and from 

1 p.m. to 2:30 p.m. on September 24, 

2021. If necessary due to inclement 

weather or other reason on September 

24, 2021, it will be enforced from 9 a.m. 

to 10:30 a.m. and from 1 p.m. to 2:30 

p.m. on September 28, 2021; 

(vi) From 9 a.m. to 10:30 a.m. on 

September 27, 2021. If necessary due to 

inclement weather or other reason on 

September 27, 2021, it will be enforced 

from 9 a.m. to 10:30 a.m. on September 

29, 2021; 

(vii) From 9 a.m. to 10:30 a.m. and 

from 1 p.m. to 2:30 p.m. on October 12, 

2021. If necessary due to inclement 

weather or other reason on October 12, 

2021, it will be enforced from 9 a.m. to 

10:30 a.m. and from 1 p.m. to 2:30 p.m. 

on October 14, 2021; 

(viii) From 9 a.m. to 10:30 a.m. and 

from 1 p.m. to 2:30 p.m. on October 13, 

2021. If necessary due to inclement 

weather or other reason on October 13, 

2021, it will be enforced from 9 a.m. to 

10:30 a.m. and from 1 p.m. to 2:30 p.m. 

on October 15, 2021; 

(ix) From 9 a.m. to 10:30 a.m. and 

from 1 p.m. to 2:30 p.m. on October 18, 

2021. If necessary due to inclement 

weather or other reason on October 18, 

2021, it will be enforced from 9 a.m. to 

10:30 a.m. and from 1 p.m. to 2:30 p.m. 

on October 20, 2021; 

(x) From 9 a.m. to 10:30 a.m. and from 

1 p.m. to 2:30 p.m. on October 25, 2021. 

If necessary due to inclement weather or 

other reason on October 25, 2021, it will 

be enforced from 9 a.m. to 10:30 a.m. 

and from 1 p.m. to 2:30 p.m. on October 

27, 2021; 

(xi) From 9 a.m. to 10:30 a.m. and 

from 1 p.m. to 2:30 p.m. on November 

1, 2021. If necessary due to inclement 

weather or other reason on November 1, 

2021, it will be enforced from 9 a.m. to 

10:30 a.m. and from 1 p.m. to 2:30 p.m. 

on November 3, 2021; and 

(xii) From 9 a.m. to 10:30 a.m. on 

November 3, 2021. If necessary due to 

inclement weather or other reason on 

November 3, 2021, it will be enforced 

from 9 a.m. to 10:30 a.m. on November 

5, 2021. 


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(2) Paragraph (a)(1) of this section will 

be enforced: 

(i) From 6 a.m. to 7 a.m., from 8 a.m. 

to 9 a.m., and from 10 a.m. to 11 a.m. 

on October 5, 2021. If necessary due to 

inclement weather or other reason on 

October 5, 2021, it will be enforced from 

6 a.m. to 7 a.m., from 8 a.m. to 9 a.m., 

and from 10 a.m. to 11 a.m. on October 

7, 2021; 

(ii) From 6 a.m. to 6:30 a.m., from 7 

a.m. to 7:30 a.m., from 8 a.m. to 8:30 

a.m., and from 9 a.m. to 9:30 a.m. on 

October 8, 2021. If necessary due to 

inclement weather or other reason on 

October 8, 2021, it will be enforced from 

6 a.m. to 6:30 a.m., from 7 a.m. to 7:30 

a.m., from 8 a.m. to 8:30 a.m., and from 

9 a.m. to 9:30 a.m. on October 12, 2021; 

(iii) From 6 a.m. to 7 a.m., from 8 a.m. 

to 9 a.m., and from 10 a.m. to 10:30 a.m. 

on November 9, 2021. If necessary due 

to inclement weather or other reason on 

November 9, 2021, it will be enforced 

from 6 a.m. to 7 a.m., from 8 a.m. to 9 

a.m., and from 10 a.m. to 10:30 a.m. on 

November 11, 2021; and 

(iv) From 6 a.m. to 6:30 a.m., from 7 

a.m. to 7:30 a.m., from 8 a.m. to 8:30 

a.m., and from 9 a.m. to 9:30 a.m. on 

November 12, 2021. If necessary due to 

inclement weather or other reason on 

November 12, 2021, it will be enforced 

from 6 a.m. to 6:30 a.m., from 7 a.m. to 

7:30 a.m., from 8 a.m. to 8:30 a.m., and 

from 9 a.m. to 9:30 a.m. on November 

16, 2021. 

(3) Paragraph (a)(2) of this section will 

be enforced: 

(i) From 12 p.m. (noon) to 1 p.m., 

from 2 p.m. to 3 p.m., and from 4 p.m. 

to 5 p.m. on October 5, 2021. If 

necessary due to inclement weather or 

other reason on October 5, 2021, it will 

be enforced from 12 p.m. (noon) to 1 

p.m., from 2 p.m. to 3 p.m., and from 

4 p.m. to 5 p.m. on October 7, 2021; 

(ii) From 10 a.m. to 10:30 a.m., from 

11 a.m. to 11:30 a.m., from 12 p.m. 

(noon) to 12:30 p.m., and from 1 p.m. 

to 1:30 p.m. on October 8, 2021. If 

necessary due to inclement weather or 

other reason on October 8, 2021, it will 

be enforced from 10 a.m. to 10:30 a.m., 

from 11 a.m. to 11:30 a.m., from 12 p.m. 

(noon) to 12:30 p.m., and from 1 p.m. 

to 1:30 p.m. on October 12, 2021; 

(iii) From 12 p.m. (noon) to 1 p.m., 

from 2 p.m. to 3 p.m., and from 4 p.m. 

to 5 p.m. on November 9, 2021. If 

necessary due to inclement weather or 

other reason on November 9, 2021, it 

will be enforced from 12 p.m. (noon) to 

1 p.m., from 2 p.m. to 3 p.m., and from 

4 p.m. to 5 p.m. on November 11, 2021; 

and 

(iv) From 10 a.m. to 10:30 a.m., from 

11 a.m. to 11:30 a.m., from 12 p.m. 

(noon) to 12:30 p.m., and from 1 p.m. 

to 1:30 p.m. on November 12, 2021. If 

necessary due to inclement weather or 

other reason on November 12, 2021, it 

will be enforced from 10 a.m. to 10:30 

a.m., from 11 a.m. to 11:30 a.m., from 

12 p.m. (noon) to 12:30 p.m., and from 

1 p.m. to 1:30 p.m. on November 16, 

2021. 

(4) Paragraph (a)(3) of this section will 

be enforced: 

(i) From 6 a.m. to 7 a.m., from 7:30 

a.m. to 8:30 a.m., from 9 a.m. to 10 a.m., 

and from 10:30 a.m. to 11:30 a.m. on 

October 6, 2021. If necessary due to 

inclement weather or other reason on 

October 6, 2021, it will be enforced from 

6 a.m. to 7 a.m., from 7:30 a.m. to 8:30 

a.m., from 9 a.m. to 10 a.m., and from 

10:30 a.m. to 11:30 a.m. on October 8, 

2021; 

(ii) From 2 p.m. to 2:30 p.m., from 3 

p.m. to 3:30 p.m., from 4 p.m. to 4:30 

p.m., from 5 p.m. to 5:30 p.m., from 6 

p.m. to 6:30 p.m., and from 7 p.m. to 

7:30 p.m. on October 8, 2021. If 

necessary due to inclement weather or 

other reason on October 8, 2021, it will 

be enforced from 2 p.m. to 2:30 p.m., 

from 3 p.m. to 3:30 p.m., from 4 p.m. 

to 4:30 p.m., from 5 p.m. to 5:30 p.m., 

from 6 p.m. to 6:30 p.m., and from 7 

p.m. to 7:30 p.m. on October 12, 2021; 

(iii) From 6 a.m. to 7 a.m., from 7:30 

a.m. to 8:30 a.m., from 9 a.m. to 10 a.m., 

and from 10:30 a.m. to 11:30 a.m. on 

November 10, 2021. If necessary due to 

inclement weather or other reason on 

November 10, 2021, it will be enforced 

from 6 a.m. to 7 a.m., from 7:30 a.m. to 

8:30 a.m., from 9 a.m. to 10 a.m., and 

from 10:30 a.m. to 11:30 a.m. on 

November 12, 2021; and 

(iv) From 2 p.m. to 2:30 p.m., from 3 

p.m. to 3:30 p.m., from 4 p.m. to 4:30 

p.m., from 5 p.m. to 5:30 p.m., from 6 

p.m. to 6:30 p.m., and from 7 p.m. to 

7:30 p.m. on November 12, 2021. If 

necessary due to inclement weather or 

other reason on November 12, 2021, it 

will be enforced from 2 p.m. to 2:30 

p.m., from 3 p.m. to 3:30 p.m., from 4 

p.m. to 4:30 p.m., from 5 p.m. to 5:30 

p.m., from 6 p.m. to 6:30 p.m., and from 

7 p.m. to 7:30 p.m. on November 16, 

2021. 

(5) Paragraph (a)(4) of this section will 

be enforced: 

(i) From 12 p.m. (noon) to 1 p.m., 

from 2 p.m. to 3 p.m., and from 4 p.m. 

to 5 p.m. on October 6, 2021. If 

necessary due to inclement weather or 

other reason on October 5, 2021, it will 

be enforced from 12 p.m. (noon) to 1 

p.m., from 2 p.m. to 3 p.m., and from 

4 p.m. to 5 p.m. on October 8, 2021; 

(ii) From 6 a.m. to 6:30 a.m., from 7 

a.m. to 7:30 a.m., from 8 a.m. to 8:30 

a.m., and from 9 a.m. to 9:30 a.m. on 

October 11, 2021. If necessary due to 

inclement weather or other reason on 

October 11, 2021, it will be enforced 

from 6 a.m. to 6:30 a.m., from 7 a.m. to 

7:30 a.m., from 8 a.m. to 8:30 a.m., and 

from 9 a.m. to 9:30 a.m. on October 13, 

2021; 

(iii) From 12 p.m. (noon) to 1 p.m., 

from 2 p.m. to 3 p.m., and from 4 p.m. 

to 5 p.m. on November 10, 2021. If 

necessary due to inclement weather or 

other reason on November 10, 2021, it 

will be enforced from 12 p.m. (noon) to 

1 p.m., from 2 p.m. to 3 p.m., and from 

4 p.m. to 5 p.m. on November 12, 2021; 

and 

(iv) From 6 a.m. to 6:30 a.m., from 7 

a.m. to 7:30 a.m., from 8 a.m. to 8:30 

a.m., and from 9 a.m. to 9:30 a.m. on 

November 15, 2021. If necessary due to 

inclement weather or other reason on 

November 15, 2021, it will be enforced 

from 6 a.m. to 6:30 a.m., from 7 a.m. to 

7:30 a.m., from 8 a.m. to 8:30 a.m., and 

from 9 a.m. to 9:30 a.m. on November 

17, 2021. 

(6) Paragraph (a)(5) of this section will 

be enforced: 

(i) From 6 a.m. to 7 a.m., from 8 a.m. 

to 9 a.m., and from 10 a.m. to 11 a.m. 

on October 7, 2021. If necessary due to 

inclement weather or other reason on 

October 7, 2021, it will be enforced from 

6 a.m. to 7 a.m., from 8 a.m. to 9 a.m., 

and from 10 a.m. to 11 a.m. on October 

11, 2021; 

(ii) From 10 a.m. to 10:30 a.m., from 

11 a.m. to 11:30 a.m., from 12 p.m. 

(noon) to 12:30 p.m., and from 1 p.m. 

to 1:30 p.m. on October 11, 2021. If 

necessary due to inclement weather or 

other reason on October 11, 2021, it will 

be enforced from 10 a.m. to 10:30 a.m., 

from 11 a.m. to 11:30 a.m., from 12 p.m. 

(noon) to 12:30 p.m., and from 1 p.m. 

to 1:30 p.m. on October 13, 2021; 

(iii) From 6 a.m. to 7 a.m., from 8 a.m. 

to 9 a.m., and from 10 a.m. to 11 a.m. 

on November 11, 2021. If necessary due 

to inclement weather or other reason on 

November 11, 2021, it will be enforced 

from 6 a.m. to 7 a.m., from 8 a.m. to 9 

a.m., and from 10 a.m. to 11 a.m. on 

November 15, 2021; and 

(iv) From 10 a.m. to 10:30 a.m., from 

11 a.m. to 11:30 a.m., from 12 p.m. 

(noon) to 12:30 p.m., and from 1 p.m. 

to 1:30 p.m. on November 15, 2021. If 

necessary due to inclement weather or 

other reason on November 15, 2021, it 

will be enforced from 10 a.m. to 10:30 

a.m., from 11 a.m. to 11:30 a.m., from 

12 p.m. (noon) to 12:30 p.m., and from 

1 p.m. to 1:30 p.m. on November 17, 

2021. 

(7) Paragraph (a)(6) of this section will 

be enforced: 

(i) From 12 p.m. (noon) to 1 p.m., 

from 2 p.m. to 3 p.m., and from 4 p.m. 

to 5 p.m. on October 7, 2021. If 


jbell on DSKJLSW7X2PROD with RULES
44614 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

1 20 DCMR sections 500.4 through 500.6 were 

also approved into the District’s SIP on January 26, 

1995 (60 FR 5134) and October 27, 1999 (64 FR 

57777), respectively. These provisions concern 

reporting requirements related to the transfer of 

gasoline products. 

necessary due to inclement weather or 

other reason on October 7, 2021, it will 

be enforced from 12 p.m. (noon) to 1 

p.m., from 2 p.m. to 3 p.m., and from 

4 p.m. to 5 p.m. on October 11, 2021; 

(ii) From 2 p.m. to 2:30 p.m., from 3 

p.m. to 3:30 p.m., from 4 p.m. to 4:30 

p.m., from 5 p.m. to 5:30 p.m., from 6 

p.m. to 6:30 p.m., and from 7 p.m. to 

7:30 p.m. on October 11, 2021. If 

necessary due to inclement weather or 

other reason on October 11, 2021, it will 

be enforced from 2 p.m. to 2:30 p.m., 

from 3 p.m. to 3:30 p.m., from 4 p.m. 

to 4:30 p.m., from 5 p.m. to 5:30 p.m., 

from 6 p.m. to 6:30 p.m., and from 7 

p.m. to 7:30 p.m. on October 13, 2021; 

(iii) From 12 p.m. (noon) to 1 p.m., 

from 2 p.m. to 3 p.m., and from 4 p.m. 

to 5 p.m. on November 11, 2021. If 

necessary due to inclement weather or 

other reason on November 11, 2021, it 

will be enforced from 12 p.m. (noon) to 

1 p.m., from 2 p.m. to 3 p.m., and from 

4 p.m. to 5 p.m. on November 15, 2021; 

and 

(iv) From 2 p.m. to 2:30 p.m., from 3 

p.m. to 3:30 p.m., from 4 p.m. to 4:30 

p.m., and from 5 p.m. to 5:30 p.m. on 

November 15, 2021. If necessary due to 

inclement weather or other reason on 

November 15, 2021, it will be enforced 

from 2 p.m. to 2:30 p.m., from 3 p.m. 

to 3:30 p.m., from 4 p.m. to 4:30 p.m., 

and from 5 p.m. to 5:30 p.m. on 

November 17, 2021. 

Dated: August 3, 2021. 

David E. O’Connell, 

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

Port Maryland—National Capital Region. 

[FR Doc. 2021–17229 Filed 8–12–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0574; FRL–8730–02– 

R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Emissions Statement 

Certification for the 2015 Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

formally submitted by the District of 

Columbia Department of Energy and the 

Environment (DOEE). The revision 

provides the District’s certification that 

its existing emissions statement program 

satisfies the emissions statement 

requirements of the Clean Air Act (CAA) 

for the 2015 ozone National Ambient 

Air Quality Standard (NAAQS). EPA is 

approving the District’s emissions 

statement program certification for the 

2015 ozone NAAQS as a SIP revision in 

accordance with the requirements of the 

CAA. 

DATES: This final rule is effective on 

September 13, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2020–0574. All 

documents in the docket are listed on 

the https://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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Serena Nichols, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2053. Ms. Nichols can also be 

reached via electronic mail at 

Nichols.Serena@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 11, 2021 (86 FR 13843), 

EPA published a notice of proposed 

rulemaking (NPRM) for the District of 

Columbia. In the NPRM, EPA proposed 

approval of the District’s certification 

that the District’s emissions statement 

regulation meets the emissions 

statement requirement of section 

182(a)(3)(B) of the CAA for the 2015 

ozone NAAQS. The formal SIP revision 

was submitted by the District of 

Columbia, through the Department of 

Energy and the Environment (DOEE), on 

June 4, 2020. 

II. Summary of SIP Revision and EPA 

Analysis 

On June 4, 2020, the District, through 

DOEE, submitted as a formal SIP 

revision, a statement certifying that the 

District’s existing SIP-approved 

emissions statement program covers the 

District’s portion of the Washington, 

DC-MD-VA nonattainment area for the 

2015 ozone NAAQS and is at least as 

stringent as the requirements of CAA 

section 182(a)(3)(B). In its submittal, the 

District states that 20 District of 

Columbia Municipal Regulations 

(DCMR) section 500.9 contains 

emissions reporting requirements 

consistent with CAA section 

182(a)(3)(B)(i), and that 20 DCMR 

section 500.9 is approved into the 

District’s SIP. See 40 CFR 52.2420(c). 

EPA first approved the District’s 

emissions statements requirements, now 

found at 20 DCMR section 500.9, into 

the District’s SIP on May 26, 1995 (60 

FR 27944).1 See also 40 CFR 52.470. 

EPA’s review of the District’s 

submittal finds that the District’s 

existing, SIP-approved emissions 

statement program at 20 DCMR section 

500.9 satisfies the emission statement 

requirements of CAA section 

182(a)(3)(B) for the 2015 ozone NAAQS. 

The District’s regulation requires the 

owner of any stationary source located 

in the District that emits 25 tons per 

year (tpy) or more of volatile organic 

compounds (VOC) or nitrogen oxides 

(NOX) to submit an emissions statement 

to the Mayor by April 15 of each year 

for the emissions discharged during the 

previous calendar year. Emissions 

statements are required to be prepared 

and submitted in accordance with 20 

DCMR section 500.9. 

These emissions statements are 

required to be submitted annually for 

the previous calendar year and, at a 

minimum, must contain the following: 

(1) Certification that the information in 

the statement is accurate to the best 

knowledge of the individual certifying 

the statement as well as the certifying 

individual’s name and contact 

information; (2) source identification 

information including name, physical 

location, mailing address of the facility, 

latitude and longitude, and standard 

industrial classification code(s); (3) 

operating information including 

percentage annual throughput by 

season, days per week on the normal 

operating schedule, hours per day 

during the normal operating schedule, 

and hours per year during the normal 

operating schedule; (4) process rate data 

including annual process rate and peak 

ozone season daily process rate; (5) 

control equipment information; and (6) 

emissions information including, but 

not limited to, estimated actual 

emissions of NOX and VOC in tpy and 


jbell on DSKJLSW7X2PROD with RULES