47044 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Proposed Rules 

the virtual meeting weblink 

information/teleconference call-in 

number and passcode. Callers are 

responsible for paying associated longdistance charges (if any). 

(b) The meeting will be open to all 

persons on a space-available basis. 

There will be no admission fee or other 

charge to attend and participate. The 

meeting will be informal in nature and 

will be conducted by one or more 

representatives of the FAA Eastern 

Service Area. A representative from the 

FAA will present a briefing on the 

planned airspace modifications. 

(c) Each participant will be given an 

opportunity to deliver comments or 

make a presentation, although a time 

limit may be imposed to accommodate 

closing times. Only comments 

concerning the plan to amend the 

Chicago Midway Class C airspace area 

will be accepted. 

(d) Each person wishing to make a 

presentation will be asked to note their 

intent when registering for the meeting 

so those time frames can be established. 

This meeting will not be adjourned until 

everyone registered to speak has had an 

opportunity to address the panel. This 

meeting may be adjourned at any time 

if all persons present have had an 

opportunity to speak. 

(e) Position papers or other handout 

material relating to the substance of the 

meeting will be accepted. Participants 

submitting papers or handout materials 

should send them to the mail or email 

address noted in the COMMENTS 

section, above. 

(f) This meeting will not be formally 

recorded. However, a summary of the 

comments made at the meeting will be 

filed in the rulemaking docket. 

Information gathered through this 

meeting will assist the FAA in drafting 

a notice of proposed rulemaking 

(NPRM) that would be published in the 

Federal Register. The public will be 

afforded the opportunity to comment on 

any NPRM published on this matter. 

A graphic depiction of the proposed 

airspace modifications may be viewed at 

the following URL: https://www.faa.gov/ 

air_traffic/community_involvement/ 

mdw/. 

Agenda for the Meeting 

—Presentation of Meeting Procedures 

—Informal Presentation of the planned 

Class C Airspace area 

—Public Presentations and Discussions 

—Closing Comments 

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

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

1959–1963 Comp., p. 389. 

Issued in Washington DC, on August 16, 

2021. 

George Gonzalez, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2021–17929 Filed 8–20–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0647] 

RIN 1625–AA00 

Safety Zone; CBWTP Outfall Diffuser 

Improvements, Columbia River, 

Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain navigable waters of the 

Columbia River. This action is necessary 

to provide for the safety of life on these 

navigable waters near Portland, OR, at 

Columbia River Mile 105.6 from October 

1, 2021, through February 28, 2022. This 

proposed rulemaking would prohibit 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port Sector Columbia 

River 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 7, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0647 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 about this proposed 

rulemaking, call or email LCDR Sean 

Morrison, Waterways Management 

Division, Marine Safety Unit Portland, 

U.S. Coast Guard; telephone 503–240– 

9319, email D13-SMBMSUPortlandWWM@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 

II. Background, Purpose, and Legal 

Basis 

On July 20, 2021, Ballard Marine 

Construction notified the Coast Guard 

that it would begin construction for 

their CBWTP Outfall Diffuser 

Improvements Project from 12:01 a.m. 

on October 1, 2021, through 11:59 p.m. 

on February 28, 2022, to remove and 

replace existing pipeline along with 

dredging operations. The construction 

project includes the two Outfall 

easements (001 and 003) being dredged 

with diver assistance to expose existing 

risers and diffusers. The existing risers 

and diffuser valves will be removed and 

disposed of. In their place, longer risers 

will be attached along with new diffuser 

valves. Additionally, the Outfalls will 

be dredged to remove the treated 

effluent that has settled inside the main 

trunk lines if needed. All diver work 

will be supported by a floating crane 

barge approximately 50 feet by 185 feet 

that will be anchored during the 

duration of work upon each of the two 

specified Outfalls and will be moved 

within the zone approximately four 

times. The Captain of the Port Sector 

Columbia River (COTP) has determined 

that potential hazards associated with 

the construction project would be a 

safety concern for anyone within the 

designated area of the CBWTP Outfall 

Diffuser Improvements. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within the designated 

area of the CBWTP Outfall Diffuser 

Improvements construction project. 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 a 

safety zone from October 1, 2021, 

through February 28, 2022. The safety 

zone would cover all navigable waters 

of the Columbia River, surface to 

bottom, approximately 300 yards to the 

east and west side of the Burlington 

Northern Railroad Bridge on the Oregon 

side of the Columbia River from the 

shoreline to the outside of the main 

navigational channel; specifically 

beginning at the shoreline at 45°37′26.2′′ 

N, 122°41′46.91′′ W, northeast to 

45°37′33.206′′ N, 122°41′37.699′′ W, 

southeast to 45°37′23.4′′ N, 122°41′18.1′′ 

W, thence southwest to 45°37′16.27′′ N, 

122°41′30.75′′ W, and along the 

shoreline back to the beginning point. 

The duration of the zone is intended to 

ensure the safety of vessels and these 


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Proposed Rules 47045 

navigable waters while the construction 

is underway. No vessel or person would 

be permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. A 

designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the COTP to act on his behalf, or a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sector Columbia River in the 

enforcement of the safety zone. Vessel 

operators desiring to enter or operate 

with the safety zone would contact the 

COTP’s on-scene designated 

representative by calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. Those 

in the safety zone would comply with 

all lawful orders or directions given to 

them by the COTP or the COTP’s 

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 

‘‘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, 

and time-of-year of the safety zone. 

Vessel traffic would be able to safely 

transit around this safety zone which 

would impact a small designated area of 

the Columbia River during the 

construction project. Moreover, the 

Coast Guard would issue a Notice to 

Mariners about the zone, and the rule 

would allow vessels to seek permission 

to enter 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 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 

proposed 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 a safety zone lasting 85 

days that would prohibit vessel traffic to 

transit the area during construction 

operations. Normally such actions are 

categorically excluded from further 

review under paragraph L60 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 


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47046 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Proposed Rules 

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, 

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. If 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

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. 0170.1, Revision No. 01.2. 

■ 2. Add § 165.T13–0647 to read as 

follows: 

§ 165.T13–0647 Safety Zones: Safety Zone; 

CBWTP Outfall Diffuser Improvements, 

Columbia River, Portland, OR. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Columbia River, surface to bottom, 

encompassed by a line connecting the 

following points beginning at the 

shoreline at 45°37′26.2′′ N, 

122°41′46.91′′ W, northeast to 

45°37′33.206′′ N, 122°41′37.699′′ W, 

southeast to 45°37′23.4′′ N, 122°41′18.1′′ 

W, thence southwest to 45°37′16.27′′ N, 

122°41′30.75′′ W, and along the 

shoreline back to the beginning point. 

(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 Sector Columbia River 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 

representative by calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. 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 safety 

zone is in effect from 12:01 a.m. on 

October 1, 2021, through 11:59 p.m. on 

February 28, 2022. It will be subject to 

enforcement this entire period unless 

the Captain of the Port, Sector Columbia 

River determines it is no longer needed, 

in which case the Coast Guard will 

inform mariners via Notice to Mariners. 

Dated: August, 17, 2021. 

M. Scott Jackson, 

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

Port Sector Columbia River. 

[FR Doc. 2021–17911 Filed 8–20–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0438; FRL–8773–01– 

Region 9] 

Limited Approval and Limited 

Disapproval of California Air Quality 

Implementation Plan Revisions; 

Amador Air District; Stationary Source 

Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing a limited 

approval and limited disapproval of a 

revision to the Amador Air District’s 

(AAD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). This revision governs the 

District’s issuance of permits for 

stationary sources, and focuses on the 

preconstruction review and permitting 

of major sources and major 

modifications under part D of title I of 

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 22, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0438 at http://

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 Confidential 

Business Information (CBI) or other 

information the disclosure of which 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 

http://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 


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