Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules 47433 

the same size and kind of type, by the 

word ‘‘immature’’. * * * 

* * * * * 

(10) ‘‘Singani’’ is brandy derived from 

grapes that is manufactured in Bolivia 

in accordance with the laws and 

regulations of Bolivia governing the 

manufacture of Singani for consumption 

in that country, and includes Singani 

bottled at not less than 70° proof in 

accordance with such laws and 

regulations. 

* * * * * 

Signed: July 21, 2021. 

Mary G. Ryan, 

Administrator. 

Approved: July 23, 2021. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2021–18205 Filed 8–24–21; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0344] 

RIN 1625–AA00 

Safety Zone; Piscataqua River Turning 

Basin Dredge Project, Portsmouth, NH 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish two temporary safety zones 

for the navigable waters of the 

Piscataqua River in Portsmouth Harbor. 

The first safety zone will be a 100-yard 

radius around any vessel, barge, or 

dredging equipment engaged in 

dredging operations. The second safety 

zone will be a 500-yard radius around 

any vessel, barge, or dredging 

equipment engaged in blasting 

operations and any blasting worksites. 

The safety zones are necessary to protect 

persons and vessels from hazards 

associated with dredging, drilling, and 

blasting operations for overall widening 

of the uppermost turning basin of the 

Piscataqua River. This proposed 

rulemaking would prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Northern New England or a 

Designated Representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before September 24, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0344 using the Federal 

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Shaun Doyle, Sector Northern 

New England Waterways Management 

Division, U.S. Coast Guard; telephone 

207–347–5015, email Shaun.T.Doyle@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port Northern New 

England 

II. Background, Purpose, and Legal 

Basis 

On February 12, 2021, the U.S. Army 

Corps of Engineers notified the Coast 

Guard of plans to fund dredging 

operations on the uppermost turning 

basin of the Piscataqua River in 

Portsmouth Harbor. The project consists 

of widening the uppermost turning 

basin of the Piscataqua River from 800 

feet to 1,200 feet to improve navigation 

maneuverability and safety. 

The project includes dredging 

approximately 12–14 million cubic 

yards of silt, blue clay, till and 

weathered rock from the uppermost 

turning basin of the Piscataqua River in 

Portsmouth Harbor. The project will 

include mechanical dredging, drilling, 

and blasting operations. The extent of 

drilling and blasting operations will not 

be known until the top material has 

been removed and contractors can 

locate hard rock spots. The Captain of 

the Port Northern New England (COTP) 

has determined that potential hazards 

associated with dredging operations 

would be a safety concern for anyone 

within a 100-yard radius around any 

vessel, barge, or dredging equipment 

engaged in dredging operations. 

Additionally, the COTP has determined 

that potential hazards associated with 

the explosives to be used in this 

operation would be a safety concern for 

anyone within a 500-yard radius around 

any vessel, barge, or dredging 

equipment engaged in blasting 

operations and any blasting worksites. 

The Coast Guard is proposing this rule 

to be effective, and enforceable, from 

October 15, 2021, through April 15, 

2022. If the project is completed prior to 

April 15, 2022, enforcement of the 

safety zone will be terminated and 

notice given via Broadcast Notice to 

Mariners, Local Notice to Mariners, or 

both. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 100-yard 

radius around any vessel, barge, or 

dredging equipment engaged in 

dredging operations and within a 500- 

yard radius around any vessel, barge, or 

dredging equipment engaged in blasting 

operations and any blasting worksites. 

The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

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

III. Discussion of Proposed Rule 

The COTP is proposing to establish 

two safety zones from October 15, 2021, 

through April 15, 2022. The first safety 

zone will be a 100-yard radius around 

any vessel, barge, or dredging 

equipment actively engaged in dredging 

operations. The second safety zone will 

be a 500-yard radius around any vessel, 

barge, or dredging equipment engaged 

in blasting operations and any blasting 

worksites. The 500-yard safety zone will 

be enforced during active blasting 

operations and will be suspended once 

successful detonation has been 

confirmed and blasting operations have 

been secured. The Coast Guard will 

notify the public and local mariners of 

the 500-yard safety zone through 

appropriate means, which may include, 

but are not limited to, publication in the 

Local Notice to Mariners and Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 in advance of any 

enforcement. No vessel or person would 

be permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

The regulatory text we are proposing 

appears at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This NPRM has not been designated a 


khammond on DSKJM1Z7X2PROD with PROPOSALS
47434 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, duration, 

time-of-day and time-of-year of the 

safety zone. The safety zones will be 

enforced during periods of active 

dredging or blasting operations from 

October 15, 2021, through April 15, 

2022. The 500-yard radius safety zone 

around any vessel, barge, or dredging 

equipment engaged in blasting 

operations and any blasting worksites 

will only be enforced when blasting 

operations are conducted for short 

durations. Once blasting operations 

have been secured, vessel traffic would 

be able to transit around the 100-yard 

radius safety zone around any vessel, 

barge, or dredging equipment actively 

engaged in dredging operations. 

Dredging vessel(s) conducting 

operations will accommodate necessary 

commerce and movement of cargo 

through daily coordination with U.S. 

Army Corps of Engineers, contractors, 

Portsmouth Pilots, and U.S. Coast 

Guard. Proper public notice of 

enforcement will be given through 

appropriate means, which may include, 

but are not limited to, publication in the 

Local Notice to Mariners and Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule. If the 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would not call for 

a new collection of information under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A 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 proposed rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 023–01, Rev. 1, 

associated implementing instructions, 

and Environmental Planning 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves establishing two safety 

zones near the uppermost turning basin 

of the Piscataqua River in Portsmouth 

Harbor that will be enforced 

periodically from October 15, 2021, 

through April 15, 2022, that prohibits 

entry within a 100-yard radius around 

any vessel, barge, or dredging 

equipment engaged in dredging 

operations, and within a 500-yard 

radius around any vessel, barge, or 

dredging equipment engaged in blasting 

operations and any blasting worksites. 

Normally such actions are categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A preliminary Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules 47435 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. 

Comments we post to https://

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this NPRM 

as being available in the docket, and 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1. 

■ 2. Add § 165.T01–0344 to read as 

follows: 

§ 165.T01–0344 Safety Zone; Piscataqua 

River Turning Basin Dredge Project, 

Portsmouth, NH. 

(a) Locations. The following areas are 

a safety zone: (1) Safety zone 1. All 

navigable waters of the Piscataqua 

River, from surface to bottom, within a 

100-yard radius around any vessel, 

barge, or dredging equipment engaged 

in dredging operations. 

(2) Safety zone 2. All navigable waters 

of the Piscataqua River, from surface to 

bottom, within a 500-yard radius around 

any vessel, barge, or dredging 

equipment engaged in blasting 

operations and any blasting worksites. 

(b) Definitions. As used in this 

section, 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 Northern New England (COTP) 

in the enforcement of the safety zone. 

(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 

Designated Representative via VHF–FM 

marine channel 16 or by contacting the 

Coast Guard Sector Northern New 

England Command Center at (207) 741– 

5465. 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 period. This section 

is effective from October 15, 2021, 

through April 15, 2022, but will only be 

enforced while dredging or blasting 

operations are in progress. The Coast 

Guard will utilize Broadcast Notice to 

Mariners and Local Notice to Mariners 

to notify the public of the time and 

duration that these safety zones will be 

enforced. 

Dated: August 16, 2021. 

A.E. Florentino, 

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

Port, Sector Northern New England. 

[FR Doc. 2021–17891 Filed 8–24–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0524; FRL–8808–01– 

R9] 

Air Plan Approval; California; Eastern 

Kern Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Eastern Kern Air 

Pollution Control District (EKAPCD) 

portion of the California State 

Implementation Plan (SIP) concerning 

the EKAPCD’s demonstration regarding 

reasonably available control technology 

(RACT) requirements and negative 

declarations for the 2008 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS or ‘‘standards’’) in the portion 

of the Kern County nonattainment area 

under the jurisdiction of EKAPCD. We 

are proposing action on a SIP revision 

under the Clean Air Act (CAA or the 

Act). We are taking comments on this 

proposal and plan to follow with a final 

action. 

DATES: Comments must be received on 

or before September 24, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0524 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4126 or by 

email at Law.Nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What document did the State submit? 

B. Are there other versions of this 

document? 


khammond on DSKJM1Z7X2PROD with PROPOSALS