Safety Zone; Cocos Lagoon, Merizo, GU

Published date15 June 2021
Citation86 FR 31620
Record Number2021-12552
SectionRules and Regulations
CourtCoast Guard,Homeland Security Department
31620
Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations
years in the select period (the period
during which the select rate (the initial
rate) applies), an increase of 0.31
percent in the select rate, and an
increase of 0.55 percent in the ultimate
rate (the final rate).
Need for Immediate Guidance
PBGC has determined that notice of,
and public comment on, this rule are
impracticable, unnecessary, and
contrary to the public interest. PBGC
routinely updates the interest
assumptions in appendix B of the asset
allocation regulation each quarter so
that they are available to value benefits.
Accordingly, PBGC finds that the public
interest is best served by issuing this
rule expeditiously, without an
opportunity for notice and comment,
and that good cause exists for making
the assumptions set forth in this
amendment effective less than 30 days
after publication to allow the use of the
proper assumptions to estimate the
value of plan benefits for plans with
valuation dates early in the third quarter
of 2021.
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
List of Subjects in 29 CFR Part 4044
Employee benefit plans, Pension
insurance, Pensions.
In consideration of the foregoing, 29
CFR part 4044 is amended as follows:
PART 4044—ALLOCATION OF
ASSETS IN SINGLE–EMPLOYER
PLANS
1. The authority citation for part 4044
continues to read as follows:
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
2. In appendix B to part 4044, an entry
for ‘‘July–September 2021’’ is added at
the end of the table to read as follows:
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
* * * * *
For
valuation dates
occurring in the
month—
The values of i
t
are:
i
t
for t = i
t
for t = i
t
for t =
*******
July–September 2021 ........................................................... 0.0213 1–25 0.0223 >25 N/A N/A
Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory
Affairs, Pension Benefit Guaranty
Corporation.
[FR Doc. 2021–12483 Filed 6–14–21; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF THE TREASURY
31 CFR Part 50
Terrorism Risk Insurance Program;
Updated Regulations in Light of the
Terrorism Risk Insurance Program
Reauthorization Act of 2019, and for
Other Purposes; Correction
AGENCY
: Departmental Offices,
Department of the Treasury.
ACTION
: Final rule, technical correction.
SUMMARY
: The Department of the
Treasury (Treasury) is correcting a final
rule that published on June 9, 2021. The
final rule implemented changes to the
Terrorism Risk Insurance Program rules
in response to the Terrorism Risk
Insurance Program Reauthorization Act
of 2019.
DATES
: Effective July 12, 2021.
FOR FURTHER INFORMATION CONTACT
:
Richard Ifft, Senior Insurance
Regulatory Policy Analyst, Federal
Insurance Office, 202–622–2922,
Lindsey Baldwin, Senior Insurance
Regulatory Policy Analyst, Federal
Insurance Office, 202–622–3220, or
Daniel McKnight, Policy Analyst, 202–
622–7009.
SUPPLEMENTARY INFORMATION
: In FR Doc.
2021–12014 appearing on page 30537 in
the Federal Register of Wednesday,
June 9, 2021, the following correction is
made:
§ 50.4 [Corrected]
1. On page 30540, in the first column,
in § 50.4, in amendment 3, the
instruction ‘‘Amend § 50.4 by revising
paragraphs (b)(2)(ii) and (n)(3)(iii),
adding paragraph (n)(3)(iv) and revising
(w)(1) and (2) to read as follows:’’ is
corrected to read ‘‘Amend § 50.4 by
revising paragraphs (b)(2)(ii) and
(n)(3)(iii), adding paragraph (n)(3)(iv),
and revising paragraph (w)(1) and
paragraph (w)(2) introductory text to
read as follows:’’
Steven E. Seitz,
Director, Federal Insurance Office,
performing the Delegable Duties of the
Assistant Secretary for Financial Institutions.
[FR Doc. 2021–12456 Filed 6–14–21; 8:45 am]
BILLING CODE 4810–AK–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0460]
RIN 1625–AA00
Safety Zone; Cocos Lagoon, Merizo,
GU
AGENCY
: Coast Guard, DHS.
ACTION
: Final rule.
SUMMARY
: The Coast Guard is
establishing a recurring safety zone for
navigable waters within Cocos Lagoon.
This safety zone will encompass the
designated swim course for the Cocos
Crossing swim event in the waters of
Cocos Lagoon, Merizo, Guam. Race
participants, chase boats, and organizers
of the event will be exempt from the
safety zone. Entry of persons or vessels
into the safety zone is prohibited unless
authorized by the Captain of the Port
(COTP) Guam.
DATES
: This rule is effective July 15,
2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0460 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT
: If
you have questions about this proposed
rulemaking, call or email Chief Petty
Officer Robert Davis, Sector Guam, U.S.
Coast Guard, by telephone at (671) 355–
4866, or email at WWMGuam@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 purpose of this rule is to ensure
the safety of the participants and the
navigable waters in the safety zone
before, during, and after the scheduled
swim event. In response, on February
10, 2021, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Safety Zone; Cocos Lagoon,
Merizo, GU (86 FR 8879–8881). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this safety
zone. During the comment period that
ended March 12, 2021, we received no
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under its authority in 46 U.S.C 70034
(previously 33 U.S.C. 1231). The COTP
Guam has determined this safety zone is
necessary to protect all persons and
vessels participating in this marine
event from potential safety hazards
associated with vessel traffic in the area
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
February 10, 2021. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone
from 06:00 a.m. to 1:00 p.m. on the
Sunday before Memorial Day every year,
unless the event is cancelled or moved
due to weather. The safety zone will
cover all navigable waters within a 100-
yard radius of the race participants in
Cocos Lagoon, Merizo, Guam. Race
participants, chase boats, and organizers
of the event will be exempt from the
safety zone. All persons and vessels not
involved in the event are prohibited
from being in the safety zone unless
authorized by 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.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone, which
will impact a small designated area of
the Cocos Lagoon for approximately 7
hours. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 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 received no 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 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,
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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Rules and Regulations
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 approximately 7 hours that
would prohibit entry within 100-yards
for swim participants in Cocos Lagoon.
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 § 165.1418 to read as follows:
§ 165.1418 Safety Zone; Cocos Lagoon,
Merizo, GU.
(a) Location. The following area,
within the Guam Captain of the Port
(COTP) Zone (See 33 CFR 3.70–15), all
navigable waters within a 100-yard
radius of race participants in Cocos
Lagoon, Merizo, Guam. Race
participants, chase boats, and organizers
of the event will be exempt from the
safety zone.
(b) Definitions. As used in this
section, ‘‘designated on-scene
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
either designated by or assisting the
COTP Sector Guam in the enforcement
of the safety zone.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
COTP or a designated on-scene
representative.
(2) This safety zone is closed to all
persons and vessel traffic, except as may
be permitted by the COTP or a
designated on-scene representative.
(3) Persons and Vessel operators
desiring to enter or operate within the
safety zone must contact the COTP or a
designated on-scene representative to
obtain permission to do so. The COTP
or a designated on-scene representative
may be contacted via VHF Channel 16
or at telephone number (671) 355–4821.
Vessel operators given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP or a designated on-
scene representative.
(d) Enforcement period. This safety
zone will be enforced on the Sunday
before Memorial Day from 6:00 a.m. to
1:00 p.m. annually, unless the event is
delayed or cancelled due to weather.
The Coast Guard will provide advance
notice of enforcement and a broadcast
notice to mariners to inform the public
of the specific date of the event.
Dated: June 9, 2021.
Nicholas R. Simmons,
Captain, U.S. Coast Guard Captain of the
Port, Guam.
[FR Doc. 2021–12552 Filed 6–14–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–HQ–RCRA–2016–0040; FRL–10014–
42–OLEM]
Corrosive Waste Rulemaking Petition;
Denial
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Notice; final denial of
rulemaking petition.
SUMMARY
: The Environmental Protection
Agency (EPA or the Agency) is
responding to a rulemaking petition
(‘‘the petition’’) requesting revision of
the Resource Conservation and
Recovery Act (RCRA) corrosivity
hazardous waste characteristic
regulation. The petition requests that
the Agency make two changes to the
current corrosivity characteristic
regulation: Revise the regulatory
threshold for defining waste as corrosive
from the current value of pH 12.5, to pH
11.5; and expand the scope of the RCRA
corrosivity definition to include non-
aqueous wastes in addition to the
aqueous wastes currently regulated. The
Agency published a tentative denial of
the rulemaking petition on April 11,
2016. Today the Agency is publishing a
final denial of the rulemaking petition.
DATES
: This final action is effective on
June 15, 2021.
ADDRESSES
: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–RCRA–2016–0040, at
http://www.regulations.gov. All
documents in the docket are listed on
the http://www.regulations.gov website.
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 electronically through http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
:
Gregory Helms, Materials Recovery and
Waste Management Division, Office of
Resource Conservation and Recovery,
Office of Land and Emergency
Response, (Mail Code 5304P),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: 703–308–
8845; email address: helms.greg@
epa.gov
SUPPLEMENTARY INFORMATION
:
Table of Contents
I. Executive Summary
II. General Information
A. Does this action apply to me?
B. What action is EPA taking?
C. What is EPA’s authority for taking this
action?
D. What are the incremental costs and
benefits of this action?
III. Background
A. Who submitted the petition to the EPA
and what do they seek?
B. Who commented on the tentative denial
of the petition?
IV. Public Comments Received and Agency
Response
A. Petitioner Comments
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