31916 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) do not apply. 

Executive Order 12866 

CBP has determined that this 

document is not a regulation or rule 

subject to the provisions of Executive 

Order 12866 because it pertains to a 

foreign affairs function of the United 

States, as described above, and therefore 

is specifically exempted by section 

3(d)(2) of Executive Order 12866. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1) 

pertaining to the Secretary of the 

Treasury’s authority (or that of his/her 

delegate) to approve regulations related 

to customs revenue functions. 

List of Subjects in 19 CFR Part 12 

Cultural property, Customs duties and 

inspection, Imports, Prohibited 

merchandise, and Reporting and 

recordkeeping requirements. 

Amendment to the CBP Regulations 

For the reasons set forth above, part 

12 of title 19 of the Code of Federal 

Regulations (19 CFR part 12), is 

amended as set forth below: 

PART 12—SPECIAL CLASSES OF 

MERCHANDISE 

■ 1. The general authority citation for 

part 12 and the specific authority 

citation for § 12.104g continue to read 

as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 

(General Note 3(i), Harmonized Tariff 

Schedule of the United States (HTSUS)), 

1624; 

* * * * * 

Sections 12.104 through 12.104i also issued 

under 19 U.S.C. 2612; 

* * * * * 

■ 2. In § 12.104g, the table in paragraph 

(a) is amended by adding Turkey to the 

list in alphabetical order to read as 

follows: 

§ 12.104g Specific items or categories 

designated by agreements or emergency 

actions. 

(a) * * * 

State party Cultural property Decision No. 

*******

Turkey ................... Archaeological material representing Turkey’s cultural heritage ranging from approximately 1,200,000 

B.C. to A.D. 1770, and ethnological material ranging from the 1st century A.D. to A.D. 1923.

CBP Dec. 21–09. 

* * * * * 

Troy A. Miller, the Senior Official 

Performing the Duties of the 

Commissioner, having reviewed and 

approved this document, is delegating 

the authority to electronically sign this 

notice document to Robert F. Altneu, 

who is the Director of the Regulations 

and Disclosure Law Division for CBP, 

for purposes of publication in the 

Federal Register. 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

Approved: June 11, 2021. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2021–12646 Filed 6–15–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0356] 

RIN 1625–AA00 

Safety Zone; 4th of July Boat Parade, 

Savannah River, Savannah, GA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters on the Savannah River 

from the Elba Island Cut Jetty Light to 

the Eugene Talmage Memorial Bridge, 

Savannah, GA. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by a boat 

parade. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) Savannah or a 

designated representative. 

DATES: This rule is effective on July 4, 

2021 from 2 p.m. through 5 p.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0356 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 LT Alex McConnell, of the Marine 

Safety Unit Savannah Office of 

Waterways Management, Coast Guard, 

at telephone 912–652–4353, extension 

240, or via email at MSUSavannahWWM@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 doing 

so would be impracticable and prompt 

action is needed to respond to the 

potential safety hazards associated with 

the Savannah boat parade. The Coast 

Guard received initial notice of the 

event on April 26, 2021 regarding the 

event beginning on July 4, 2021, but did 

not have final details to prepare a 

regulation until May 25, 2021. The 

event would begin before the 

rulemaking process would be 

completed. Because of the dangers 

posed by the parade, a safety zone is 

necessary to provide for the safety of 

persons, vessels, and the marine 

environment in the event area. It is 

impracticable and contrary to the public 

interest to delay promulgating this rule 

because the rule is necessary to protect 

personnel, vessels, and the marine 


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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 31917 

environment from potential hazards 

created by the boat parade. 

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 immediate action is needed to 

respond to the potential safety hazards 

associated with the boat parade. 

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 (COTP) Savannah 

has determined that potential hazards 

associated with the boat parade starting 

July 4, 2021, will be a safety concern for 

anyone on the Savannah River from the 

Elba Island Cut Jetty Light to the Eugene 

Talmage Memorial Bridge, Savannah, 

GA. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone while the parade 

is underway. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 2 p.m. until 5 p.m. on July 4, 2021. 

The safety zone will cover all navigable 

waters from the Savannah River from 

the Elba Island Cut Jetty Light to the 

Eugene Talmage Memorial Bridge, 

Savannah, GA. The duration of the zone 

is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while the bridge 

is being repaired. 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 scope 

of the safety zone. The safety zone is 

limited in duration and size as it will be 

enforced for only three hours and will 

cover all navigable waters from the 

Savannah River from the Elba Island Cut 

Jetty Light to the Eugene Talmage 

Memorial Bridge, Savannah, GA. The 

zone is limited in scope as vessels and 

persons seeking to transit through the 

regulated area may seek authority from 

the COTP or a designated 

representative. The Coast Guard will 

provide notification of the regulated 

area to the local maritime community by 

Local Notice to Mariners, Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16, and a Marine Safety 

Security Bulletin. 

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 lasting only 3 hours that will 

prohibit entry on the Savannah River 


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31918 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

1The EPA’s proposed rule is available at 86 FR 

14392 (March 16, 2021). The provisions of the FIP 

for NGS were published at 56 FR 50172 (October 

3, 1991), 75 FR 10174 (March 5, 2010), and 79 FR 

46552 (August 8, 2014). 

from the Elba Island Cut Jetty Light to 

the Eugene Talmage Memorial Bridge. 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: 

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. Add § 165.T07–0356 to read as 

follows: 

§ 165.T07–0356 Safety Zone; 4th of July 

Boat Parade, Savannah River, Savannah, 

GA. 

(a) Location. The following area is a 

safety zone: All waters of the Savannah 

River, from surface to bottom, from the 

Elba Island Cut Jetty Light to the Eugene 

Talmage Memorial Bridge. 

(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 Savannah (COTP) 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) Persons or vessels desiring to 

enter, transit through, anchor in, or 

remain within the safety zone may 

contact COTP Savannah by telephone at 

(912) 652–4353, or a designated 

representative via VHF radio on channel 

16, to request authorization. If 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the COTP 

Savannah or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Savannah or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, Marine Safety Information 

Bulletins, and on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 2:00 p.m. until 

5:00 p.m., on July 4, 2021. 

Dated: June 3, 2021. 

S.A. Richardson, 

Lieutenant Commander, U.S. Coast Guard, 

Acting, Captain of the Port. 

[FR Doc. 2021–12582 Filed 6–15–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 49 and 52 

[EPA–R09–OAR–2021–0018; FRL–10024– 

15–Region 9] 

Rescission of the Source-Specific 

Federal Implementation Plan for 

Navajo Generating Station, Navajo 

Nation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

rescind the federal implementation plan 

(FIP) that regulates emissions from the 

Navajo Generating Station (NGS), a coalfired power plant that was located on 

the reservation lands of the Navajo 

Nation near Page, Arizona. NGS 

permanently ceased operations on 

November 18, 2019, and the Clean Air 

Act operating permit for this facility has 

expired. 

DATES: This rule will be effective on July 

16, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0018. 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. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Anita Lee, EPA Region IX, (415) 972– 

3958, lee.anita@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On March 16, 2021, the EPA proposed 

to rescind the FIP for NGS that we 

promulgated on October 3, 1991 (‘‘1991 

FIP’’), March 5, 2010 (‘‘2010 FIP’’), and 

August 8, 2014 (‘‘2014 FIP’’).1 The 

provisions of the 1991 action are 

codified in the Code of Federal 

Regulations (CFR) at 40 CFR 52.145(d), 

the provisions of the 2010 action are 

codified at 40 CFR 49.5513(a) through 

(i), and provisions of the 2014 action are 

codified at 40 CFR 49.5513(j). We refer 

collectively to the provisions from the 

1991, 2010, and 2014 actions as the 

‘‘FIP’’ or the ‘‘NGS FIP.’’ The NGS FIP 

includes federally enforceable emissions 

limitations that apply to the fossil fuelfired steam generating equipment, 

designated as Units 1, 2, and 3, 

equipment associated with the coal and 

ash handling, and the two auxiliary 

steam boilers at NGS. These emissions 

limitations apply to emissions of 

particulate matter (PM), opacity, sulfur 

dioxide (SO2), and oxides of nitrogen 

(NOX). The EPA is proposing to rescind 

the NGS FIP and remove the provisions 


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