Special Local Regulation; San Diego Bay, San Diego, CA

Published date07 October 2021
Citation86 FR 55702
Record Number2021-21891
SectionRules and Regulations
CourtCoast Guard,Homeland Security Department
55702
Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
pay rent must provide such information
as required by the Secretary; and
(2) Notwithstanding § 966.4(l)(3)(i)(A),
the notice of lease termination for
failure to pay rent must provide for at
least 30 days from the date the tenant
receives the notice.
(b) Upon the Secretary’s
determination in paragraph (a) of this
section, the PHA must provide notice to
all tenants of the requirements in
paragraph (a) taking effect.
Dominique Blom,
General Deputy Assistant Secretary, Office
of Public and Indian Housing.
Lopa P. Kolluri,
Principal Deputy Assistant Secretary, Office
of Housing-Federal Housing Administration.
[FR Doc. 2021–21960 Filed 10–6–21; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0748]
RIN 1625–AA08
Special Local Regulation; San Diego
Bay, San Diego, CA
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a special local regulation
for the San Diego Sharkfest Swim
marine event that will be held on the
navigable waters of San Diego Bay, San
Diego, CA. This action is necessary to
provide for the safety of life on these
navigable waters of San Diego Bay
during a swim event on October 10,
2021. This rule would prohibit
spectators from anchoring, blocking,
loitering or transiting through the event
area unless authorized by the Captain of
the Port San Diego or a designated
representative.
DATES
: This rule is effective from 8:30
a.m. to 10:30 a.m. on October 10, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0748 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 Lieutenant Commander John
Santorum, Waterways Management,
U.S. Coast Guard Sector San Diego, CA;
telephone (619) 278–7656, email
D11MarineEventsSD@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 we
must establish this special local
regulation by October 10, 2021. The
Coast Guard was given short notice from
the event sponsor that the date of the
the event would differ from the existing
annual marine event as outlined in 33
CFR 100.1101, Table 1 to § 100.1101,
Item 7. As such, it is impracticable to
publish an NPRM because we lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
This regulation is necessary to ensure
the safety of life on the navigable waters
of San Diego Bay during the marine
event.
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 public
interest because immediate action is
needed to ensure the safety of life on the
navigable waters of San Diego Bay
during the marine event on October 10,
2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041
(previously 33 U.S.C. 1236). The
Captain of the Port Sector San Diego
(COTP) has determined that a large
amount of swimmers in San Diego Bay
associated with the San Diego Sharkfest
Swim marine event on October 10,
2021, poses a potential safety concern.
This rule is needed to protect persons,
vessels, and the marine environment in
the navigable waters within San Diego
Bay while the event is occurring.
IV. Discussion of the Rule
This rule establishes a special local
regulation from 8:30 a.m. to 10:30 a.m.
on October 10, 2021. This special local
regulation will cover the navigable
waters of San Diego Bay encompassed
by a line connecting the following
coordinates beginning at 32°4214N,
117°0955W (Point A); thence running
southerly to 32°4149N, 117°0957W
(Point B); thence running south, along
the shoreline to 32°4119N, 117°0948
W (Point C); thence running north
easterly to 32°4123N, 117°0941W
(Point D); thence running northerly to
32°4200N, 117°0938(Point E);
thence running northerly, along the
shoreline to the beginning point. The
duration of the zone is intended to
ensure the safety of vessels, event
participants, and these navigable waters
during the scheduled marine event. No
vessel or person would be permitted to
enter the regulated area without
obtaining permission from the COTP or
a designated representative. The
regulatory text appears at the end of this
document.
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, duration,
and time-of-day of the regulated area.
The affected portion of the San Diego
Bay will be of very limited duration,
during morning hours when vessel
traffic is historically low and is
necessary for safety of life to
participants in the event. Moreover, the
Coast Guard would make a post in the
Local Notice to Mariners with details on
the regulated area, as well as, issue a
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Safety Marine Information Broadcast
over Channel 22A.
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
regulated area that would limit access to
certain areas of San Diego Bay from 8:30
a.m. to 10 a.m. It is categorically
excluded from further review under
paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1.
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 100
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 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T11–0748 to read as
follows:
§ 100.T11–0748 San Diego Sharkfest
Swim, San Diego Bay, California.
(a) Regulated area. The regulations in
this section apply to the following area:
all navigable waters of San Diego Bay
encompassed by a line connecting the
following points beginning at 32°4214
N, 117°0955W (Point A); thence
running southerly to 32°4149N,
117°0957W (Point B); thence running
south, along the shoreline to 32°4119
N, 117°0948W (Point C); thence
running north easterly to 32°4123N,
117°0941W (Point D); thence running
northerly to 32°4200N, 117°0938
(Point E); thence running northerly,
along the shoreline to the beginning
point. These coordinates are based on
the 1984 World Geodetic System (WGS
84).
(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 San Diego
(COTP) in the enforcement of the
regulations in this section.
Participant means all persons and
vessels registered with the event
sponsor as a participants in the race.
(c) Regulations. (1) All non-
participants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the Captain
of the Port San Diego or their designated
representative.
(2) Vessels requiring entry into this
regulated area must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 21A or by
telephone at 619–278–7033.
(3) The COTP will provide notice of
the regulated area through advanced
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notice via Local Notice to Mariners and
Safety Marine Information Broadcasts
on Channel 22A.
(d) Enforcement period. This section
will be enforced from 8:30 a.m. to 10:30
a.m. on October 10, 2021.
Dated: September 29, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2021–21891 Filed 10–6–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2020–0581; FRL–8585–01–
OCSPP]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (21–2.B)
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Final rule.
SUMMARY
: EPA is issuing significant new
use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for
chemical substances which were the
subject of premanufacture notices
(PMNs). This action requires persons to
notify EPA at least 90 days before
commencing manufacture (defined by
statute to include import) or processing
of any of these chemical substances for
an activity that is designated as a
significant new use by this rule. This
action further requires that persons not
commence manufacture or processing
for the significant new use until they
have submitted a Significant New Use
Notice (SNUN), EPA has conducted a
review of the notice, made an
appropriate determination on the notice,
and has taken any risk management
actions as are required as a result of that
determination.
DATES
: This rule is effective on
December 6, 2021. For purposes of
judicial review, this rule shall be
promulgated at 1 p.m. (e.s.t.) on October
21, 2021.
FOR FURTHER INFORMATION CONTACT
: For
technical information contact: William
Wysong, New Chemicals Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 564–4163; email address:
wysong.william@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION
:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or use the chemical substances
contained in this rule. The following list
of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
Manufacturers or processors of one
or more subject chemical substances
(NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum
refineries.
This action may also affect certain
entities through pre-existing import
certification and export notification
rules under TSCA, which would
include the SNUR requirements.
Chemical importers are subject to the
TSCA section 13 (15 U.S.C. 2612)
import provisions. The EPA policy in
support of import certification appears
at 40 CFR part 707, subpart B. In
addition, pursuant to 40 CFR 721.20,
any persons who export or intend to
export a chemical substance that is the
subject of this rule are subject to the
export notification provisions of TSCA
section 12(b) (15 U.S.C. 2611(b)), and
must comply with the export
notification requirements in 40 CFR part
707, subpart D.
B. How can I access the docket?
The docket includes information
considered by the Agency in developing
the proposed and final rules. The docket
for this action, identified by docket
identification (ID) number EPA–HQ–
OPPT–2020–0581, is available at
https://www.regulations.gov and at the
Office of Pollution Prevention and
Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
Due to the public health emergency,
the EPA Docket Center (EPA/DC) and
Reading Room is closed to visitors with
limited exceptions. The staff continues
to provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
II. Background
A. What action is the Agency taking?
EPA is finalizing SNURs under TSCA
section 5(a)(2) for chemical substances
which were the subject of PMNs P–19–
82, P–20–76, and P–20–94. These
SNURs require persons who intend to
manufacture or process any of these
chemical substances for an activity that
is designated as a significant new use to
notify EPA at least 90 days before
commencing that activity.
Previously, in the Federal Register of
April 30, 2021 (86 FR 22924) (FRL–
10017–51), EPA proposed SNURs for
these chemical substances. More
information on the specific chemical
substances subject to this final rule can
be found in the Federal Register
document proposing the SNURs. The
docket includes information considered
by the Agency in developing the
proposed and final rules, including
public comments and EPA’s responses
to the public comments received on the
proposed rules, as described in Unit IV.
B. What is the Agency’s authority for
taking this action?
TSCA section 5(a)(2) (15 U.S.C.
2604(a)(2)) authorizes EPA to determine
that a use of a chemical substance is a
‘‘significant new use.’’ EPA must make
this determination by rule after
considering all relevant factors,
including the four TSCA section 5(a)(2)
factors listed in Unit III.
C. Do the SNUR general provisions
apply?
General provisions for SNURs appear
in 40 CFR part 721, subpart A. These
provisions describe persons subject to
the rule, recordkeeping requirements,
exemptions to reporting requirements,
and applicability of the rule to uses
occurring before the effective date of the
rule. Provisions relating to user fees
appear at 40 CFR part 700. Pursuant to
40 CFR 721.1(c), persons subject to
these SNURs must comply with the
same SNUN requirements and EPA
regulatory procedures as submitters of
PMNs under TSCA section 5(a)(1)(A). In
particular, these requirements include
the information submission
requirements of TSCA sections 5(b) and
5(d)(1), the exemptions authorized by
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