Safety Zone; Lower Mississippi River, Mile Marker 365, Natchez, MS

• Published date: 14 May 2021
• Record Number: 2021-10256
• Section: Rules and Regulations
• Court: Coast Guard

26386

Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations

number of small entities under the

criteria of the Regulatory Flexibility Act.

Lists of Subjects in 14 CFR Part 97

Air Traffic Control, Airports,

Incorporation by reference, Navigation

(Air).

Issued in Washington, DC on April 30,

2021.

Wade Terrell,

Aviation Safety, Manager, Flight Procedures

& Airspace Group, Flight Technologies and

Procedures Division.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, Title 14,

Code of Federal Regulations, Part 97 (14

CRF part 97) is amended by

establishing, amending, suspending, or

removing Standard Instrument

Approach Procedures and/or Takeoff

Minimums and Obstacle Departure

Procedures effective at 0901 UTC on the

dates specified, as follows:

PART 97—STANDARD INSTRUMENT

APPROACH PROCEDURES

■1. The authority citation for part 97

continues to read as follows:

Authority: 49 U.S.C. 106(f), 106(g), 40103,

40106, 40113, 40114, 40120, 44502, 44514,

44701, 44719, 44721–44722.

■2. Part 97 is amended to read as

follows:

Effective 17 June 2021

Big Lake, AK, PAGQ, RNAV (GPS) RWY 7,

Amdt 2

Big Lake, AK, PAGQ, RNAV (GPS RWY 25,

Amdt 2

Big Lake, AK, PAGQ, VOR RWY 7, Amdt 7B

Venetie, AK, Venetie, Takeoff Minimums and

Obstacle DP, Amdt 1

Venetie, AK, Venetie, Venetie Three Graphic

DP

Bay Minette, AL, 1R8, RNAV (GPS) RWY 8,

Amdt 2A

Bay Minette, AL, 1R8, RNAV (GPS) RWY 26,

Orig-E

Daytona Beach, FL, KDAB, RNAV (GPS)

RWY 25L, Amdt 1D

Cynthiana, KY, 0I8, RNAV (GPS) RWY 11,

Orig-B

Cynthiana, KY, 0I8, RNAV (GPS) RWY 29,

Orig-B

Beverly, MA, KBVY, LOC RWY 16, Amdt 8

Beverly, MA, Beverly Rgnl, VOR RWY 16,

Amdt 5E, CANCELLED

Sanford, ME, KSFM, RNAV (GPS) RWY 32,

Amdt 1

Ennis, MT, Ennis-Big Sky, Ennis Two

Graphic DP

Ennis, MT, Ennis-Big Sky, Takeoff

Minimums and Obstacle DP, Amdt 1

Rochester, NH, KDAW, RNAV (GPS) RWY

33, Amdt 1

Rochester, NH, KDAW, VOR/DME–A, Amdt

2A, CANCELLED

Schenectady, NY, KSCH, RNAV (GPS) RWY

4, Orig-D

Spartanburg, SC, KSPA, ILS OR LOC RWY 5,

Amdt 2

Spartanburg, SC, KSPA, RNAV (GPS) RWY 5,

Amdt 1

Dickson, TN, Dickson Muni, Takeoff

Minimums and Obstacle DP, Amdt 3

Houston, TX, KIAH, GLS RWY 27, Amdt 1C

Medford, WI, KMDZ, RNAV (GPS) RWY 9,

Amdt 1

Medford, WI, KMDZ, RNAV (GPS) RWY 27,

Amdt 1

RESCINDED: On April 26, 2021 (86 FR

21932), the FAA published an Amendment

in Docket No. 31366 Amdt No. 3953, to Part

97 of the Federal Aviation Regulations under

section 97.29 and 97.33. The following

entries for Gary, IN, effective June 17, 2021,

are hereby rescinded in their entirety:

Gary, IN, KGYY, ILS OR LOC RWY 30, Amdt

7

Gary, IN, KGYY, RNAV (GPS) Y RWY 12,

Amdt 3

Gary, IN, KGYY, RNAV (GPS) Y RWY 30,

Amdt 2

Gary, IN, KGYY, RNAV (RNP) Z RWY 12,

Amdt 2

Gary, IN, KGYY, RNAV (RNP) Z RWY 30,

Amdt 2

[FR Doc. 2021–10205 Filed 5–13–21; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG–2021–0230]

RIN 1625–AA00

Safety Zone; Lower Mississippi River,

Mile Marker 365, Natchez, MS

AGENCY

: Coast Guard, Department of

Homeland Security (DHS).

ACTION

: Temporary final rule.

SUMMARY

: The Coast Guard is

establishing a temporary safety zone for

all navigable waters of the Lower

Mississippi River (LMR), Mile Markers

364.5 through 365.5. The safety zone is

needed to protect persons, property, and

the marine environment from the

potential safety hazards associated with

a fireworks display in the vicinity of

Natchez, MS. Entry of persons or vessels

into this zone is prohibited unless

authorized by the Captain of the Port

Sector Lower Mississippi River or a

designated representative.

DATES

: This rule is effective from 4 p.m.

through 7 p.m. on May 15, 2021.

ADDRESSES

: To view documents

mentioned in this preamble as being

available in the docket, go to https://

www.regulations.gov, type USCG–2021–

0230 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 MSTC Lindsey Swindle, U.S.

Coast Guard; telephone 901–521–4813,

email Lindsey.M.Swindle@uscg.mil.

SUPPLEMENTARY INFORMATION

:

I. Table of Abbreviations

CFR Code of Federal Regulations

COTP Captain of the Port Sector Lower

Mississippi River

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. Immediate action is

needed to protect persons and property

from the potential safety hazards

associated with a fireworks display in

the vicinity of Natchez, MS. The NPRM

process would delay the establishment

of the safety zone until after the date of

the event and compromise public safety.

We must establish this temporary safety

zone immediately and lack sufficient

time to provide a reasonable comment

period and then consider those

comments before issuing the rule.

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 contrary to the public

interest because immediate action is

needed to respond to the potential

safety hazards associated with the

firework display in the vicinity of

Natchez, MS.

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 Sector Lower

Mississippi River (COTP) has

determined that potential hazards

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Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations

associated with the firework display,

would be a safety concern for all

persons and vessels on the Lower

Mississippi River between Mile Marker

(MM) 364.5 and MM 365.5 in the

vicinity of Natchez, MS. This rule is

needed to protect persons, property,

infrastructure, and the marine

environment in all waters of the LMR

within the safety zone during the

firework display.

IV. Discussion of the Rule

This rule establishes a temporary

safety zone on May 15, 2021. The safety

zone will cover all navigable waters of

the LMR from MM 364.5 through MM

365.5 in the vicinity of Natchez, MS.

The duration of this safety zone is

intended to ensure the safety of

waterway users on these navigable

waters during the firework display.

Entry of persons or vessels into this

safety zone is prohibited unless

authorized by the COTP or a designated

representative. A designated

representative is a commissioned,

warrant, or petty officer of the U.S.

Coast Guard assigned to units under the

operational control of USCG Sector

Lower Mississippi River. Persons or

vessels seeking to enter the safety zones

must request permission from the COTP

or a designated representative on VHF–

FM channel 16 or by telephone at 901–

521–4822. If permission is granted, all

persons and vessels shall comply with

the instructions of the COTP or

designated representative. The COTP or

a designated representative will inform

the public of the enforcement times and

date for this safety zone through

Broadcast Notices to Mariners (BNMs),

Local Notices to Mariners (LNMs), and/

or Marine Safety Information Bulletins

(MSIBs), 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.

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, location, and

duration of the safety zone. This

emergency safety zone will temporarily

restrict navigation on the LMR at MM

762 through 782 in the vicinity of

Natchez, MS on May 15, 2021.

Moreover, The Coast Guard will issue

Broadcast Notices to Mariners (BNMs),

Local Notices to Mariners (LNMs), and/

or Marine Safety Information Bulletins

(MSIBs), as appropriate. 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 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

temporary safety zone on the LMR at

MM 364.5 through 365.5 in the vicinity

of Natchez, MS that will prohibit entry

into this zone.. It is categorically

excluded from further review under

paragraph L60 of Appendix A, Table 1

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1

See National Ambient Air Quality Standards for

Particulate Matter; (2012) Final Rule (78 FR 3086–

3088, January 15, 2013).

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.T08–0230 to read as

follows:

§ 165.T08–0230 Safety Zone; Lower

Mississippi River, Mile Marker 365, Natchez,

MS.

(a) Location. The following area is a

safety zone: All navigable waters of the

Lower Mississippi River from Mile

Marker (MM) 364.5 through 365.5 in the

vicinity of Natchez, MS.

(b) 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 Captain

of the Port Sector Lower Mississippi

River (COTP) or the COTP’s designated

representative. A designated

representative is a commissioned,

warrant, or petty officer of the U.S.

Coast Guard assigned to units under the

operational control of USCG Sector

Lower Mississippi River.

(2) To seek permission to enter,

contact the COTP or the COTP’s

representative via VHF–FM channel 16

or by telephone at 901–521–4822. 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.

(3) Persons or vessels seeking to enter

the safety zones must request

permission from the COTP or a

designated representative on VHF–FM

channel 16 or by telephone at 901–521–

4822. If permission is granted, all

persons and vessels shall comply with

the instructions of the COTP or

designated representative.

(c) Effective period. This section is

effective from 4 p.m. through 7 p.m. on

May 15, 2021.

(d) Information broadcasts. The COTP

or a designated representative will

inform the public of the enforcement

times and date for this safety zone

through Broadcast Notices to Mariners,

Local Notices to Mariners, and/or Safety

Marine Information Broadcasts, as

appropriate.

Dated: May 5, 2021.

R.S. Rhodes,

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

Port Sector Lower Mississippi River.

[FR Doc. 2021–10256 Filed 5–13–21; 8:45 am]

BILLING CODE 9110–04–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA–R03–OAR–2020–0157; FRL–10023–

27–Region 3]

Air Plan Approval; Pennsylvania;

Allegheny County Area Attainment

Plan for the 2012 Fine Particulate

Matter National Ambient Air Quality

Standard

AGENCY

: Environmental Protection

Agency (EPA).

ACTION

: Final rule.

SUMMARY

: The Environmental Protection

Agency (EPA) is approving most

elements of a state implementation plan

(SIP) revision submitted by the

Pennsylvania Department of

Environmental Protection (PADEP) on

behalf of the Allegheny County Health

Department (ACHD) to address Clean

Air Act (CAA or ‘‘the Act’’)

requirements for the 2012 annual fine

particulate matter (PM

2.5

) national

ambient air quality standards (NAAQS

or ‘‘standards’’) in the Allegheny County

Moderate PM

2.5

nonattainment area (the

‘‘Allegheny County Area,’’ or ‘‘the

Area’’). The revision constitutes a

comprehensive plan to ensure the

Allegheny County Area’s timely

attainment of the 2012 PM

2.5

NAAQS.

EPA is approving this revision to the

Pennsylvania SIP in accordance with

the requirements of the CAA.

DATES

: This final rule is effective on

June 14, 2021.

ADDRESSES

: EPA has established a

docket for this action under Docket ID

Number EPA–R03–OAR–2020–0157. 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

:

Brian Rehn, 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) 814–2176.

Mr. Rehn can also be reached via

electronic mail at rehn.brian@epa.gov.

SUPPLEMENTARY INFORMATION

:

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

and ‘‘our’’ refer to EPA.

Table of Contents

I. Background

II. Summary of SIP Revision and EPA

Proposed Action

III. Public Comments and EPA Responses

IV. Final Action

A. Approval of the Attainment Plan and

Related Elements

B. Conditional Approval of the

Contingency Measures Portion of the

Attainment Plan

V. Statutory and Executive Order Reviews

I. Background

Epidemiological studies have shown

statistically significant correlations

between elevated levels of PM

2.5

(particulate matter with a diameter of

2.5 microns or less) and premature

mortality. Other important health effects

associated with PM

2.5

exposure include

aggravation of respiratory and

cardiovascular disease, changes in lung

function, and increased respiratory

symptoms. Individuals particularly

sensitive to PM

2.5

exposure include

older adults, people with heart and lung

disease, and children.

1

PM

2.5

can be

emitted directly into the atmosphere as

a solid or liquid particle (‘‘primary

PM

2.5

’’ or ‘‘direct PM

2.5

’’) or can be

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