45868 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0496] 

RIN 1625–AA00 

Safety Zone; Patapsco River, 

Northwest and Inner Harbors, 

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. 

The safety zone is needed to protect 

personnel, vessels, and the marine 

environment on these navigable waters 

at Baltimore, MD, on September 5, 2021, 

(with alternate date of September 6, 

2021) from potential hazards during a 

fireworks display to commemorate the 

Labor Day holiday. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port, Maryland-National 

Capital Region or a designated 

representative. 

DATES: This rule is effective from 7:30 

p.m. on September 5, 2021, through 

10:30 p.m. on September 6, 2021. This 

rule will be enforced from 7:30 p.m. 

until 10:30 p.m. on September 5, 2021, 

or those same hours on September 6, 

2021, in the case of inclement weather 

on September 5, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0496 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 MarylandNational 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 

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 we 

must take immediate action to establish 

this safety zone by September 5, 2021, 

to respond to potential safety hazards 

associated with the the fireworks 

display. Potential safety hazards include 

the accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. Event planners 

did not notify the Coast Guard of details 

of the event until July 29, 2021. 

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 

because immediate action is needed to 

respond to the potential safety hazards 

associated with the fireworks display. 

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, Maryland-National 

Capital Region (COTP) has determined 

that potential hazards associated with 

the fireworks to be used in this 

September 5, 2021, display will be a 

safety concern for anyone near these 

fireworks barges. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone before, 

during, and after the scheduled event. 

III. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 7:30 p.m. on 

September 5, 2021, to 10:30 p.m. on 

September 6, 2021. The safety zone will 

have two locations. These areas are 

‘‘Northwest Harbor’’ and ‘‘Inner 

Harbor.’’ 

Northwest Harbor safety zone will 

cover all navigable waters of the 

Patapsco River within 800 feet of the 

fireworks barge in approximate position 

latitude 39°16′36.7′′ N, longitude 

076°35′53.8′′ W, located northwest of 

the Domino Sugar refinery wharf at 

Baltimore, MD. 

Inner Harbor safety zone will cover all 

navigable waters of the Patapsco River 

within 300 feet of the fireworks barge in 

approximate position latitude 39°17′01′′ 

N, longitude 076°36′31′′ W, located 

approximately 320 feet southwest of 

Inner Harbor pier 3 at Baltimore, MD. 

The duration of the zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters before, during, and after the 

scheduled 8:30 to 8:45 p.m. fireworks 

display. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, duration, and timeof-day of the safety zone, which will 

impact small designated areas of the 

Patapsco River for 3 hours during the 

evening when vessel traffic is normally 

low. Moreover, the Coast Guard will 

issue 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 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. 


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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 45869 

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 only 3 hours that will 

prohibit entry within a portion 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: 

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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T05–0496 to read as 

follows: 

§ 165.T05–0496 Safety Zone; Patapsco 

River, Northwest and Inner Harbors, 

Baltimore, MD. 

(a) Locations. The following areas are 

a safety zone: These coordinates are 

based on datum NAD 83. 

(1) Northwest Harbor safety zone. All 

navigable waters of the Patapsco River, 

within 800 feet of the fireworksbarge in 

approximate position latitude 

39°16′36.7′′ N, longitude 076°35′53.8′′ 

W, located northwest of the Domino 

Sugar refinery wharf at Baltimore, MD. 

(2) Inner Harbor safety zone. All 

navigable waters of the Patapsco River, 

within 300 feet of the fireworks barge in 

approximate position latitude 39°17′01′′ 

N, longitude 076°36′31′′ W, located 

approximately 320 feet southwest of 

Inner Harbor pier 3 at Baltimore, MD. 

(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 any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port MarylandNational Capital Region to assist in 

enforcing the safety zone described in 

paragraph (a) of this section. 

(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). The Coast 

Guard vessels enforcing this section can 

be contacted on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

(3) 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. This section 

will be enforced from 7:30 p.m. to 10:30 


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45870 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 

1See ‘‘2005 thru 2019 + 2021_2023_2028 Annual 

State Tier 1 Emissions_v3’’ available in the docket 

for this action. 

p.m. on September 5, 2021. If necessary 

due to inclement weather on September 

5, 2021, it will be enforced from 7:30 

p.m. to 10:30 p.m. on September 6, 

2021. 

Dated: August 9, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–17402 Filed 8–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2021–0250; FRL–8860–02– 

R1] 

Air Plan Approval; Maine and New 

Hampshire; 2015 Ozone NAAQS 

Interstate Transport Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving SIP revisions 

submitted by the States of Maine and 

New Hampshire as meeting the Clean 

Air Act (CAA) requirement that each 

State Implementation Plan (SIP) contain 

adequate provisions to prohibit 

emissions that will significantly 

contribute to nonattainment or interfere 

with maintenance of the 2015 ozone 

NAAQS in any other state. This action 

is being taken in accordance with the 

Clean Air Act. 

DATES: This rule is effective on August 

17, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2021–0250. 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, i.e., 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 at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Alison C. Simcox, Air Quality Branch, 

U.S. Environmental Protection Agency, 

EPA Region 1, 5 Post Office Square— 

Suite 100, (Mail code 05–2), Boston, MA 

02109—3912, tel. (617) 918–1684, email 

simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On June 10, 2021, EPA published a 

Notice of Proposed Rulemaking (NPRM) 

for the States of Maine and New 

Hampshire. See 86 FR 30854. 

The NPRM proposed approval of 

Maine and New Hampshire SIP 

revisions that address the CAA 

requirement prohibiting emissions from 

each of these states, considered 

separately, from adversely affecting air 

quality in other states for the 2015 

ozone National Ambient Air Quality 

Standards (NAAQS). The SIP revisions 

were submitted to EPA by Maine on 

February 6, 2020, and by New 

Hampshire on September 5, 2018. The 

rationale for EPA’s proposed action is 

given in the NPRM. EPA received no 

public comments on the NPRM. 

As part of our rationale for approving 

the Maine and New Hampshire SIPs in 

the proposal, EPA relied on historical 

trends in National Emissions Inventory 

(NEI) data. The data demonstrate a 

downward trend in emissions in Maine 

and New Hampshire, adds support to 

the air quality analyses presented in the 

proposal for each state, and indicates 

that the contributions from emissions 

from sources in Maine and New 

Hampshire to ozone receptors (i.e., air 

quality monitors) in downwind states 

will continue to decline. For each state, 

the data indicate that contributions will 

remain below one percent of the 

NAAQS. Since the publication of the 

proposed approval, EPA has made 

minor updates to the NEI data for the 

years 2017 through 2019. As a result of 

these updates, reported emissions 

during these years for both New 

Hampshire and Maine have been 

slightly reduced. These minor updates 

do not impact our decision to approve 

SIPs for each of these states, nor do they 

change our rationale for doing so, as the 

reduced emissions continue to support 

our approval decision. We have 

included the updated emissions data in 

the docket for this action.1

II. Final Action 

EPA is approving, as revisions to the 

Maine and New Hampshire SIPs, each 

state’s SIP revisions, submitted on 

February 6, 2020, and September 5, 

2018, respectively. These revisions are 

approved as meeting CAA section 

110(a)(2)(D)(i)(I) requirements that 

emissions from each state, considered 

separately, do not contribute to 

nonattainment or interfere with 

maintenance of the 2015 ozone NAAQS 

in any other state. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 


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