47382 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 

Regulatory Flexibility Act 

TTB certifies that this regulation will 

not have a significant economic impact 

on a substantial number of small 

entities. The regulation imposes no new 

reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of an AVA name 

would be the result of a proprietor’s 

efforts and consumer acceptance of 

wines from that area. Therefore, no 

regulatory flexibility analysis is 

required. 

Executive Order 12866 

It has been determined that this final 

rule is not a significant regulatory action 

as defined by Executive Order 12866 of 

September 30, 1993. Therefore, no 

regulatory assessment is required. 

Drafting Information 

Karen A. Thornton of the Regulations 

and Rulings Division drafted this final 

rule. 

List of Subjects in 27 CFR Part 9 

Wine. 

The Regulatory Amendment 

For the reasons discussed in the 

preamble, TTB amends title 27, chapter 

I, part 9, Code of Federal Regulations, as 

follows: 

PART 9—AMERICAN VITICULTURAL 

AREAS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Add § 9.279 to subpart C to read as 

follows: 

§ 9.279 Virginia Peninsula AVA. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Virginia Peninsula’’. For purposes of 

part 4 of this chapter, ‘‘Virginia 

Peninsula’’ is a term of viticultural 

significance. 

(b) Approved maps. The 5 United 

States Geological Survey (USGS) 

1:100,000 scale topographic maps used 

to determine the boundary of the 

Virginia Peninsula viticultural area are 

titled: 

(1) Norfolk, Virginia-North Carolina; 

1985; 

(2) Petersburg, Virginia, 1984; 

(3) Richmond, Virginia, 1984; 

(4) Tappahannock, Virginia-Maryland; 

1984; and 

(5) Williamsburg, Virginia, 1984. 

(c) Boundary. The Virginia Peninsula 

viticultural area is located in James City, 

York, New Kent, and Charles City 

Counties, Virginia, as well as the 

independent Virginia cities of 

Poquoson, Hampton, Newport News, 

and Williamsburg. The boundary of the 

Virginia Peninsula viticultural area is as 

described below: 

(1) The beginning point is on the 

Norfolk, Virginia-North Carolina map at 

the intersection of the Newport News 

City boundary and the James River 

Bridge. From the beginning point, 

proceed northwesterly along the 

Newport News City boundary to the 

point in the James River where the city 

boundary becomes concurrent with the 

James City County boundary; then 

(2) Proceed northwesterly along the 

James City County boundary to the 

point where it becomes concurrent with 

the Charles City County boundary; then 

(3) Proceed along the Charles City 

County boundary, crossing onto the 

Petersburg, Virginia, map and 

continuing along the Charles City 

County boundary to the point where it 

intersects the Henrico County boundary 

at Turkey Island Creek; then 

(4) Proceed north-northeasterly along 

the concurrent Henrico County-Charles 

City County boundary to its intersection 

with the Chickahominy River, which is 

concurrent with the New Kent County 

boundary; then 

(5) Proceed northwesterly along the 

Chickahominy River-New Kent County 

boundary, crossing onto the Richmond, 

Virginia, map to its intersection with the 

Hanover County boundary; then 

(6) Proceed northeasterly along the 

Hanover County-New Kent County 

boundary to its intersection with the 

King William County boundary at the 

Pamunkey River; then 

(7) Proceed southeasterly along the 

King William County-New Kent County 

boundary, crossing onto the 

Tappahannock, Virginia-Maryland map, 

to the intersection of the concurrent 

county boundary with the York River; 

then 

(8) Proceed southeasterly along the 

York River, crossing onto the 

Williamsburg, Virginia map, to the 

intersection of the river with the 

Chesapeake Bay north of Tue Point; 

then 

(9) Proceed southeast in a straight line 

to the shoreline of Marsh Point; then 

(10) Proceed southeasterly, then 

southwesterly along the shoreline to the 

Hampton Roads Bridge-Tunnel; then 

(11) Proceed southwest in a straight 

line, crossing onto the Norfolk, VirginiaNorth Carolina map, to the northeastern 

terminus of the Hampton City boundary; 

then 

(12) Proceed southwesterly along the 

Hampton City boundary to the point 

where it intersects with the Newport 

News City boundary; then 

(13) Proceed southwesterly, then 

northwesterly along the Newport News 

City boundary, returning to the 

beginning point. 

Signed: June 9, 2021. 

Mary G. Ryan, 

Administrator. 

Approved: June 11, 2021. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2021–18209 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–2021–0638] 

RIN 1625–AA00 

Safety Zone; Monongahela River, Miles 

5.8–6.3, Pittsburgh, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Monongahela 

River from Mile 5.8 to Mile 6.3. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by a fireworks display. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by Captain of the Port 

Marine Safety Unit Pittsburgh. 

DATES: This rule is effective from 10:30 

p.m. through 11:30 p.m. on September 

10, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0638 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 MST2 David Deaton, Marine 

Safety Unit Pittsburgh, U.S. Coast 

Guard, at telephone 412–221–0807 ext 

226, email David.M.Deaton@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 


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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 47383 

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 it is 

impracticable. The safety zone must be 

established by September 10, 2021 and 

we lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

this rule. The NPRM process would 

delay the establishment of the safety 

zones until after the scheduled date for 

the fireworks. 

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 this action is necessary to 

ensure the safety of vessels and persons 

during the fireworks display on 

September 10, 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 Marine Safety Unit 

Pittsburgh (COTP) has determined that 

a safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created from a land-based firework 

display. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

September 10, 2021, from 10:30 p.m. 

through 11:30 p.m. The safety zone will 

cover all navigable waters on the 

Monongahela River from Mile 5.8 to 

Mile 6.3. The duration of the safety zone 

is intended to protect personnel, 

vessels, and the marine environment 

from potential hazards created by a 

firework display. 

No vessel or person is permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard (USCG) assigned to units 

under the operational control of the 

COTP. To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or through Marine Safety Unit 

Pittsburgh at 412–221–0807. Persons 

and vessels permitted to enter the safety 

zone must comply with all lawful orders 

or directions issued by the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public of the effective period for the 

safety zone as well as any changes in the 

dates and times of enforcement through 

Local Notice to Mariners (LNMs), 

Broadcast Notices to Mariners (BNMs), 

and/or Marine Safety Information 

Bulletins (MSIBs), as appropriate. 

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 temporary safety zone. 

This safety zone impacts only a 0.5 mile 

stretch of the Monongahela River for a 

short amount of time of one hour on one 

evening. Vessel traffic will be informed 

about the safety zone through local 

notices to mariners. Moreover, the Coast 

Guard will issue LNMs, MSIBs, and 

BNMs via VHF–FM marine channel 16 

about the zone and the rule allows 

vessels to seek permission from the 

COTP to transit 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. 

While some owners or operators of 

vessels intending to transit the 

temporary 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 


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47384 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 

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 one hour that will prohibit 

entry on the Monongahela River from 

mile 5.8 to mile 6.3, during the firework 

event. It is categorically excluded from 

further review under paragraph L60(A) 

in Table 3–1 of U.S. Coast Guard 

Environmental Planning Implementing 

Procedures 5090.1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under 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.T08–0638 to read as 

follows: 

§ 165.T08–0638 Safety Zone; Monongahela 

River, Miles 5.8–6.3, Pittsburgh, PA 

(a) Location. The following area is a 

temporary safety zone: All navigable 

waters of the Monongahela River from 

Mile 5.8 to Mile 6.3. 

(b) Effective period. This section is 

effective from 10:30 p.m. through 11:30 

p.m. on September 10, 2021. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

of persons and vessels into this zone is 

prohibited unless authorized by the 

Captain of the Port Marine Safety Unit 

Pittsburgh (COTP) or a designated 

representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the COTP or a 

designated representative. The COTP’s 

representative may be contacted at 412– 

221–0807. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP or a designated representative. 

Designated COTP representatives 

include United States Coast Guard 

commissioned, warrant, and petty 

officer. 

(d) Information broadcasts. The 

Captain COTP or a designated 

representative will inform the public 

through Local Notice to Mariners 

(LNMs), Broadcast Notices to Mariners 

(BNMs), and/or Marine Safety 

Information Bulletins (MSIBs), as 

appropriate. 

Dated: August 19, 2021. 

Eric J. Velez, 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2021–18305 Filed 8–24–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0414] 

RIN 1625–AA00 

Safety Zone; M/V ZHEN HUA 24, Crane 

Delivery Operation, Chesapeake Bay 

and 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 Chesapeake Bay 

and Patapsco River. This action is 

necessary to provide for the safety of life 

on these navigable waters during the 

movement of the M/V ZHEN HUA 24 

while it is transporting four new SuperPost Panamax container cranes to the 

Port of Baltimore. M/V ZHEN HUA 24 

is anticipated to arrive between August 

26, 2021 and September 15, 2021. This 

rulemaking will prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Maryland-National Capital Region 

or a designated representative. 

DATES: This rule is effective from 

August 26, 2021, to September 15, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0414 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 MST3 Melissa Kelly, Sector 

Maryland-NCR, Waterways Management 

Division, U.S. Coast Guard: telephone 

(410) 576–2596, Melissa.C.Kelly@

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 June 28, 2021, Ports America 

Chesapeake, LLC notified the Coast 

Guard that the M/V ZHEN HUA 24 will 

be transporting four new Super-Post 

Panamax container cranes to the Port of 


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