31166 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 

PART 2204—IMPLEMENTATION OF 

THE EQUAL ACCESS TO JUSTICE 

ACT IN PROCEEDINGS BEFORE THE 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

■ 1. The authority citation for part 2204 

continues to read as follows: 

Authority: 5 U.S.C. 504. 

■ 2. In § 2204.302, revise paragraph (a) 

to read as follows: 

§ 2204.302 Net worth exhibit. 

(a) Each applicant except a qualified 

tax-exempt organization, cooperative 

association, or, in the case of an 

application for an award related to an 

allegedly excessive demand by the 

Secretary, a small entity as that term is 

defined by 5 U.S.C. 601(6), shall provide 

with its application a detailed exhibit 

showing the net worth of the applicant 

as required by § 2204.301(c) when the 

proceeding was initiated. The exhibit 

may be in any form convenient to the 

applicant that provides full disclosure 

of the applicant’s assets and liabilities 

and is sufficient to determine whether 

the applicant qualifies as a party as 

defined in § 2204.201. The judge or 

Commission may require an applicant to 

file additional information to determine 

its eligibility for an award. 

* * * * * 

Cynthia L. Attwood, 

Chairman. 

Amanda Wood Laihow, 

Commissioner. 

[FR Doc. 2021–11906 Filed 6–10–21; 8:45 am] 

BILLING CODE 7600–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2019–0785] 

RIN 1625–AA11 

Regulated Navigation Areas; Harbor 

Entrances Along the Coast of Northern 

California 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

the Regulated Navigation Area (RNA) at 

the harbor bar entrance to Crescent City 

Harbor. This document will update 

inapplicable coordinates of the area and 

replace with updated coordinates. 

DATES: This rule is effective July 12, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2019– 

0785 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 about this 

rulemaking, call or email Lieutenant 

Marcia Medina, Coast Guard District 11 

Waterways Office; telephone 510–437– 

2978, email Marcia.A.Medina@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NOAA National Oceanic and Atmospheric 

Administration 

NPRM Notice of proposed rulemaking 

OMB Office of Management and Budget 

RNA Regulated Navigation Area 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On July 17, 2020, the Coast Guard 

published a final rule titled ‘‘Regulated 

Navigation Area: Harbor Entrances 

Along the Coast of Northern California’’ 

at 85 FR 43437 that added 33 CFR 

165.1196. That rule established a RNA 

at the harbor entrance of Crescent City, 

California. Since publishing the 

previous rule, the Eleventh Coast Guard 

District was contacted by the National 

Oceanographic and Atmospheric 

Administration (NOAA) Marine Chart 

Division, part of the Nautical Data 

Branch of the Office of Coast Survey of 

the National Ocean Service. The NOAA 

Marine Chart Division brought to the 

Coast Guard’s attention that the 

geographic coordinates for the RNA at 

the harbor entrance of Crescent City 

appeared to incorrectly capture the 

entirety of the harbor entrance. The 

Coast Guard agreed, and worked with 

the NOAA Marine Chart Division to 

develop new coordinates that properly 

capture the entirety of the harbor 

entrance of Crescent City. On November 

30, 2020, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

titled ‘‘Regulated Navigation Areas; 

Harbor Entrances Along the Coast of 

Northern California’’ (85 FR 76502). 

There we stated why we issued the 

NPRM, and invited comments on our 

proposed regulatory action related to the 

update of the geographic coordinates of 

the harbor entrance of Crescent City. 

During the comment period that ended 

December 30, 2020, we received no 

comments. 

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 

Commander of the Eleventh Coast 

Guard District has determined that there 

is a need to amend the Regulated 

Navigation Area: Harbor Entrances 

along the Coast of Northern California at 

33 CFR 165.1196 to update the 

geographic coordinates of the harbor 

entrance to Crescent City. 

IV. Discussion of Comments, Changes 

and the Rule 

As noted above, we received no 

comments on our NPRM published on 

November 30, 2020. 

This rule corrects the geographic 

coordinates listed in the RNA of the 

harbor entrance to Crescent City. The 

updated coordinates do not materially 

affect the size or the general geographic 

location of the RNA. Instead, the 

updated coordinates correct an issue 

raised by the NOAA Marine Chart 

Division. Specifically, the updated 

coordinates fully and properly capture 

the entirety of the harbor entrance to 

Crescent City. 

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 limited economic impact 

of this rule’s amendment. The final rule 

will merely update geographic 

coordinates. It has no bearing on the 

impact or the effective period of the 

current RNA. 

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 


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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 31167 

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 received zero 

comments from the Small Business 

Administration on this rulemaking. 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 through the 

RNA in the area represented by the 

updated coordinates at the harbor 

entrance of Crescent City may be small 

entities, for the reasons states 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 RNA 

that will prohibit the transit of maritime 

traffic in times of unsafe conditions. 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, 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. 0170.1. 

■ 2. Amend § 165.1196 by revising 

paragraph (a)(3) to read as follows: 

§ 165.1196 Regulated Navigation Areas; 

Harbor Entrances along the Coast of 

Northern California. 

(a) * * * 

(3) Crescent City Harbor Entrance 

Channel: The navigable waters of the 

Crescent City Harbor Entrance Channel 

enclosed by the following coordinates: 

(i) 41°43′50′′ N, 124°11′27′′ W (Point 

A) 

(ii) 41°44′12′′N, 124°11′42′′ W (Point 

B) 

(iii) 41°44′26′′ N, 124°10′55′′ W (Point 

C) 

(iv) 41°44′13′′ N, 124°10′20′′ W (Point 

D); and 

(v) Thence back to Point A, in 

Crescent City, CA (NAD 83). 

* * * * * 

Dated: April 19, 2021. 

Brian K. Penoyer, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard District Eleven. 

[FR Doc. 2021–12300 Filed 6–10–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0399] 

RIN 1625–AA00 

Safety Zone; Potomac River, Between 

Charles County, MD and King George 

County, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters in the Potomac River. 

This action is necessary to provide for 

the safety of persons, property, and the 


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