49244 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

related dredge equipment, while the 

dredge is operating in Marcus Hook 

Range. For enforcement purposes 

Marcus Hook Range includes all 

navigable waters of the Delaware River 

shoreline to shoreline, bound by a line 

drawn perpendicular to the center line 

of the channel at the farthest upriver 

point of the range to a line drawn 

perpendicular to the center line of the 

channel at the farthest downriver point 

of the range. 

(2) Safety zone two includes all the 

waters of Anchorage 7 off Marcus Hook 

Range, as described in 33 CFR 

110.157(a)(8) and depicted on U. S. 

Nautical Chart 12312. 

(b) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port to 

assist with enforcement of the safety 

zone described in paragraph (a) of this 

section. 

(c) Regulations. (1) Entry into or 

transiting within the safety zone one is 

prohibited unless vessels obtain 

permission from the Captain of the Port 

via VHF–FM channel 16 or 215–271– 

4807, or make satisfactory passing 

arrangements via VHF–FM channel 13 

or 16 with the operating dredge per this 

section and the rules of the Road (33 

CFR subchapter E). Vessels requesting to 

transit shall contact the operating 

dredge via VHF–FM channel 13 or 16 at 

least 1 hour prior to arrival. 

(2) Vessels desiring to anchor in safety 

zone two, Anchorage 7 off Marcus Hook 

Range, must obtain permission from the 

COTP at least 24 hours in advance by 

calling (215) 271–4807. The COTP will 

permit, at minimum, one vessel at a 

time to anchor on a ‘‘first-come, firstserved’’ basis. Vessels will only be 

allowed to anchor for a 12 hour period. 

Vessels that require an examination by 

the Public Health Service, Customs, or 

Immigration authorities will be directed 

to an anchorage for the required 

inspection by the COTP. 

(3) Vessels desiring to anchor in safety 

zone two, Anchorage 7 off Marcus Hook 

Range, must be at least 650 feet in 

length overall. 

(4) This section applies to all vessels 

except those engaged in the following 

operations: enforcement of laws, service 

of aids to navigation, and emergency 

response. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted by federal, state 

and local agencies in the patrol and 

enforcement of the zone. 

(e) Enforcement period. This rule will 

be enforced from August 31, 2021, 

through November 2, 2020, unless 

cancelled earlier by the Captain of the 

Port. 

Dated: August 30, 2020. 

Leon McClain, Jr., 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port, Delaware Bay. 

[FR Doc. 2021–19015 Filed 9–1–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0690] 

RIN 1625–AA00 

Safety Zone; Kanawha River, 

Charleston, WV 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Kanawha 

River from mile marker 58.1 to mile 

marker 59.1. This temporary safety zone 

is necessary to protect persons, vessels, 

and the marine environment from 

potential hazards associated with the 

Live on the Levee fireworks display. 

Entry into this safety zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Ohio Valley 

or a designated representative. 

DATES: This rule is effective from 9:30 

p.m. through 10 p.m. on September 3, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0690 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Jonathan Braddy, 

Marine Safety Unit Huntington, U. S. 

Coast Guard; telephone 304–733–0198, 

email STL-SMB-MSUHuntingtonWWM@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 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. It is impracticable to 

publish an NPRM because we must 

establish this safety zone by September 

03, 2021, and we lack sufficient time to 

provide reasonable comment period and 

then consider those comments before 

issuing the rule. The NPRM process 

would delay the establishment of the 

safety zone until after the date of the 

event and compromise public safety. 

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 public interest because 

immediate action is necessary to protect 

persons, vessels and the marine 

environment from the potential 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. The 

Captain of the Port Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with a fireworks 

display taking place over this section of 

the Kanawha River will be a safety 

concern for anyone within a one-mile 

stretch of the waterway. This rule is 

needed to protect persons, vessels, and 

the marine environment in the 

navigable waters within the safety zone 

before, during, and after the scheduled 

fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone for the Live on the Levee 

fireworks display from 9:30 p.m. until 

10 p.m. on September 3, 2021. The 

safety zone covers all navigable waters 

of the Kanawha River from mile marker 

(MM) 58.1 to MM 59.1, in Charleston, 

WV. The duration of this safety zone is 

intended to protect persons, vessels, and 

the marine environment in these 


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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 49245 

navigable waters during the fireworks 

display. 

No vessel or person is permitted to 

enter this safety zone without obtaining 

permission from the COTP or a 

designated representative. A 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 Ohio Valley. To seek 

permission to enter, contact the COTP 

or designated representative via radio 

on channel 16 or by telephone at 1–800– 

253–7465. If permission is granted, all 

persons and vessels shall transit at their 

slowest safe speed and comply with the 

instructions of the COTP or designated 

representative. The COTP or a 

designated representative will inform 

the public of any changes in the date 

and times of enforcement through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Safety Marine Information Broadcasts 

(SMIBs), 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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, and 

duration of the temporary safety zone. 

This rule involves a temporary safety 

zone lasting thirty minutes that will 

prohibit entry on a one-mile stretch of 

the Kanawha River on one evening. 

Moreover, the Coast Guard will issue a 

BNMs via VHF–FM marine channel 16 

about the safety zone, and the rule 

allows 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 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 contact 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 and Commandant 

Instruction M16475.1D, 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 thirty minutes that will 

prohibit entry on a one-mile stretch of 

the Kanawha River on one evening. 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. 01. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER


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49246 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

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.T08–0690 to read as 

follows: 

§ 165.T08–0690 Safety Zone; Kanawha 

River, Charleston, WV. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Kanawha River from mile marker (MM) 

58.1 to MM 59.1. 

(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 Ohio Valley (COTP) in 

the enforcement of the safety zone. 

(c) Enforcement period. This section 

will be enforced from 9:30 p.m. through 

10 p.m. on September 3, 2021. 

(d) 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. 

No vessel or person is permitted to enter 

this safety zone without obtaining 

permission from the COTP or a 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by via radio on channel 

16 or by telephone at 1–800–253–7465. 

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) Informational broadcast. The 

COTP or a designated representative 

will inform the public of any changes in 

the date and times of enforcement 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Safety Marine 

Information Broadcasts (SMIBs), as 

appropriate. 

Dated: August 27, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–18954 Filed 9–1–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2019–0359; FRL–7486–01– 

OCSPP] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances (19–2.F) 

Correction 

In rule document 2021–17388, 

appearing on pages 46123–46133, in the 

issue of Wednesday, August 18, 2021, 

make the following corrections to 

eliminate a duplicate entry for section 

721.11301: 

§ 721.11301 [Corrected] 

■ 1. On page 46128, in the second 

column, delete lines 35–68. 

■ 2. On the same page, in the third 

column, delete lines 1–4. 

[FR Doc. C1–2021–17388 Filed 9–1–21; 8:45 am] 

BILLING CODE 1301–00–PD 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0358; FRL–8686–02– 

R3] 

Air Plan Approval; Pennsylvania; 1997 

8-Hour Ozone National Ambient Air 

Quality Standards Second 

Maintenance Plan for the Greene 

County Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The revision pertains to 

the Commonwealth’s plan, submitted by 

the Pennsylvania Department of 

Environmental Protection (PADEP), for 

maintaining the 1997 8-hour ozone 

national ambient air quality standard 

(NAAQS) (referred to as the ‘‘1997 

ozone NAAQS’’) in the Greene County, 

Pennsylvania area (Greene County 

Area). EPA is approving these revisions 

to the Pennsylvania SIP in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This final rule is effective on 

October 4, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0358. 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: 

Adam Yarina, 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) 

814–2108. Mr. Yarina can also be 

reached via electronic mail at 

Yarina.Adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 13, 2021, (86 FR 36673), EPA 

published a notice of proposed 

rulemaking (NPRM) for the 

Commonwealth of Pennsylvania. In the 

NPRM, EPA proposed approval of 

Pennsylvania’s plan for maintaining the 

1997 ozone NAAQS in the Greene 

County Area through April 20, 2029, in 

accordance with CAA section 175A. The 

formal SIP revision was submitted by 

PADEP on February 25, 2020. 

II. Summary of SIP Revision and EPA 

Analysis 

On March 19, 2009 (74 FR 11671, 

effective April 20, 2009), EPA approved 

a redesignation request and 

maintenance plan from PADEP for the 

Greene County Area. In accordance with 

CAA section 175A(b), at the end of the 

eighth year after the effective date of the 

redesignation, the state must also 

submit a second maintenance plan to 

ensure ongoing maintenance of the 

standard for an additional 10 years, and 

in South Coast Air Quality Management 


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