50454 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 6002 Class E Surface Airspace. 

* * * * * 

AGL MI E2 Port Huron, MI [Revoked] 

St. Clair County International Airport, MI 

(Lat. 42°54′40′′ N, long. 82°31′44′′ W) 

Issued in Fort Worth, Texas, on September 

1, 2021. 

Martin A. Skinner, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2021–19275 Filed 9–8–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0710] 

RIN 1625–AA00 

Safety Zone; Anacostia River, 

Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Anacostia River. 

The safety zone is needed to protect 

personnel, vessels, and the marine 

environment on these navigable waters 

near Washington, DC, on September 4, 

2021, and September 17, 2021, from 

potential hazards during fireworks 

displays occuring after Washington 

Nationals baseball games. 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 without 

actual notice from September 9, 2021 

until 11 p.m. on September 17, 2021. 

For the purposes of enforcement, actual 

notice will be used from 8 p.m. on 

September 4, 2021, until September 9, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0710 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-National Capital Region 

Waterways Management Division, U.S. 

Coast Guard; telephone 410–576–2596, 

email 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 

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 and contrary to the public 

interest to do so. We must establish this 

safety zone by September 4, 2021, to 

protect the public from hazards 

associated with the fireworks events. 

Hazards include explosive materials, 

dangerous projectiles, and falling debris. 

The fireworks fall out zone extends 

across the navigable channel. 

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 the public interest because 

immediate action is needed to respond 

to the potential safety hazards 

associated with the fireworks displays. 

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 the 

September 4, 2021, and September 17, 

2021, displays will be a safety concern 

for anyone near the 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. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 8 p.m. on September 4, 

2021, through 11 p.m. on September 17, 

2021. The safety zone will be enforced 

from 8 p.m. to 11 p.m. on September 4, 

2021, and from 8 p.m. to 11 p.m. on 

September 17, 2021. The safety zone 


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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 50455 

covers all navigable waters of the 

Anacostia River within 600 feet of the 

fireworks barge in approximate position 

latitude 38°52′14.29′′ N, longitude 

077°00′12.00′′ W, located near Nationals 

Park in Washington, DC. The size of the 

zone and duration of the rule are 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters before, during, and 

after the scheduled fireworks displays. 

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 a small designated area of the 

Anacostia River for 2 hours during 

evening hours 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. 

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 that will be enforced for 6 hours 

that will prohibit entry within a portion 

of the Anacostia 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: 


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50456 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 

1Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 

2021). 

2Sierra Club, 985 F.3d at 1060–61. 

3The text of each letter is available in the docket 

to this action. 

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.T05–0710 to read as 

follows: 

§ 165.T05–0710 Safety Zone; Anacostia 

River, Washington, DC 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Anacostia River within 600 feet of the 

fireworks barge in approximate position 

latitude 38°52′14.29′′ N, longitude 

077°00′12.00′′ W, located near Nationals 

Park, in Washington, DC. These 

coordinates are based on datum NAD 

83. 

(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). 

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 period. This section 

will be enforced from 8 p.m. to 11 p.m. 

on September 4, 2021, and from 8 p.m. 

to 11 p.m. on September 17, 2021. 

Dated: September 2, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–19426 Filed 9–8–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2020–0166; FRL–8893–02– 

R6] 

Air Plan Approval; Texas; Clean Air 

Act Requirements for Nonattainment 

New Source Review and Emission 

Statements for the 2015 Ozone 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving the portions of a State 

Implementation Plan (SIP) revision 

submitted by the State of Texas that 

describes how CAA requirements for 

Nonattainment New Source Review 

(NNSR) and emission statements are 

met in the Dallas-Fort Worth (DFW), 

Houston-Galveston-Brazoria (HGB), and 

Bexar County ozone nonattainment 

areas for the 2015 Ozone National 

Ambient Air Quality Standards 

(NAAQS). 

DATES: This rule is effective on October 

12, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2020–0166. 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 or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Robert Todd, EPA Region 6 Office, 

Infrastructure and Ozone Section, 214– 

665–2156, todd.robert@epa.gov. The 

EPA Region 6 office is closed to the 

public to reduce the risk of transmitting 

COVID–19. Please call or email the 

contact listed above if you need 

alternative access to material indexed 

but not provided in the docket. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our February 11, 

2021 proposal (86 FR 9041). In that 

document we proposed to approve 

portions of a SIP revision submitted by 

the State of Texas on June 24, 2020, that 

describes how CAA requirements for 

NNSR and emission statements are met 

in the DFW, HGB, and Bexar County 

ozone nonattainment areas for the 2015 

ozone NAAQS. 

We received comments on our 

proposal, from several commenters. Our 

responses to the comments follow. 

II. Response to Comments 

Comment: Two commenters pointed 

out that the United States Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit) vacated portions of 

the 2018 rule implementing the 2015 

Ozone NAAQS that allowed interprecursor trading of pollutants.1 One 

commenter stated that according to a 

Texas Commission on Environmental 

Quality (TCEQ) guidance document, 

EPA’s approval of inter-precursor trade 

(IPT) is presumed unless EPA 

disapproves the trade during the public 

comment period. The commenter also 

stated that EPA cannot rely on previous 

approvals of the State’s NNSR program 

to meet current requirements. 

Response: While the D.C. Circuit has 

rendered a judgment vacating the 

portion of EPA’s NNSR EPA regulation 

that allows inter-precursor trading to 

meet the offset requirements for ozone, 

the ozone inter-precursor trading 

component in the Texas NNSR program 

regulations is no longer operative for 

ozone and thus does not preclude 

approval of this SIP revision that 

otherwise satisfies NNSR requirements. 

The court held that the IPT provision for 

ozone in EPA’s NNSR regulation was 

contrary to the CAA because ‘‘[t]he 

plain language in the statute . . . 

requires that increased [volatile organic 

compound] VOC emissions be offset 

with reductions in VOC, and the same 

is true for ozone in most 

circumstances.’’2 Following the court’s 

decision, EPA notified TCEQ in a letter 

dated June 17, 2021, that the EPA can 

no longer approve any IPT requests for 

ozone under procedures in the Texas 

SIP rules that require that TCEQ submit 

such trades to EPA for approval. In a 

response to EPA dated June 25, 2021, 

TCEQ confirmed that its NNSR interprecursor trading provisions cannot 

function without EPA’s approval of 

trades, and the State has not approved 

any IPT requests for ozone without the 

prior approval of EPA.3 In its June 25, 


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