Federal Register - August 17, 2021
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Source: Federal Register
45938
Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.
C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995
44 U.S.C. 35013520.
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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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175 Consultation and Coordination with Indian Tribal Governments because it would 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.
If you believe this proposed rule has implications for federalism or Indian tribes, please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 2 U.S.C. 15311538 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
F. Environment We have analyzed this proposed rule under Department of Homeland Security Directive 02301, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 series, which
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guide the Coast Guard in complying with the National Environmental Policy Act of 1969 42 U.S.C. 43214370f, and have made a preliminary determination 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 proposed rule involves establishing an anchorage ground, Anchorage A, in an area traditionally used by cargo ships for anchoring in the approaches to the Cape Fear River, NC; and increasing the size of and relocating the Lockwoods Folly Inlet explosives anchorage to an area adjacent to Anchorage A on its western boundary, expanding its use, and renaming it Anchorage B. Normally such actions are categorically excluded from further review under paragraph L59 of Appendix A, Table 1 of DHS
Instruction Manual 0230100101, Rev. 1. A preliminary 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. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period.
Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking Portal at https
www.regulations.gov. If your material cannot be submitted using https
www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
We accept anonymous comments.
Comments we post to https
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www.regulations.gov will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHSs eRulemaking System of Records notice 85 FR 14226, March 11, 2020. Documents mentioned in this NPRM as being available in the docket, and public comments, will be in our online docket at https
www.regulations.gov and can be viewed by following that websites instructions.
We review all comments received, but we will only post comments that address the topic of the proposed rule.
We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. If you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 110 as follows:
PART 110ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
Authority: 46 U.S.C. 70006, 2071; 46
U.S.C. 70034; 33 CFR 1.051; Department of Homeland Security Delegation No. 0170.1.
2. Revise 110.170 to read as follows:
110.170
Cape Fear, NC.
a The anchorage grounds. All coordinates in this section are based on the World Geodetic System WGS 84.
1 Anchorage A. The waters bound by a line connecting the following points:
TABLE 1 TO PARAGRAPH a1
Latitude 334759.09
334759.09
334601.22
334601.22
N
N
N
N
Longitude 781458.67
780624.74
780624.74
781458.67
W
W
W
W
2 Anchorage B. Explosives Anchorage: The waters bound by a line connecting the following points:
TABLE 1 TO PARAGRAPH a2
Latitude 334759.09
334759.09
334601.22
334601.22
N
N
N
N
Longitude 781749.00
781458.67
781458.67
781749.00
b Definitions. As used in this section
E:FRFM17AUP1.SGM
17AUP1
W
W
W
W