Federal Register - June 29, 2021
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Source: Federal Register
34138
Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations
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. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
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F. Environment We have analyzed this rule under Department of Homeland Security Directive 02301, 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. 43214370f, 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 that prohibits persons and vessels from entering, transiting through, anchoring in, or remaining within a limited area on the navigable water in the Delaware Bay, during a fireworks display lasting approximately one hour. It is categorically excluded from further review under paragraph L60a of Appendix A, Table 1 of DHS Instruction Manual 0230100101, Rev. 1. A
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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:
them by the COTP or the COTPs designated representative.
3 No vessel may take on bunkers or conduct lightering operations within the safety zone during its enforcement period.
4 This section applies to all vessels except those engaged in law enforcement, aids to navigation servicing, and emergency response operations.
d Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies.
e Enforcement period. This zone will be enforced from approximately, but no earlier than, 9 p.m. to approximately, but no later than,10 p.m.
on July 4, 2021.
Dated: June 22, 2021.
Jonathan D. Theel, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
FR Doc. 202113856 Filed 62821; 8:45 am
PART 165REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 911004P
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.051, 6.041, 6.046, and 160.5;
Department of Homeland Security Delegation No. 0170.1.
2. Add 165.T050324 to read as follows:
165.T050324 Safety Zone; Fireworks, Delaware Bay, Lewes, DE.
a Location. The following area is a safety zone: All waters of Delaware Bay off Lewes, DE, within 350 yards of the fireworks barge anchored in approximate position latitude 384712.07 N longitude 0750748.89
W.
b Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard petty officer, warrant or commissioned officer on board a Coast Guard vessel or on board a Federal, state, or local law enforcement vessel assisting the Captain of the Port COTP, Delaware Bay 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 COTPs designated representative.
2 To seek permission to enter or remain in the zone, contact the COTP or the COTPs representative via VHFFM
channel 16 or 2152714807. Those in the safety zone must comply with all lawful orders or directions given to
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Coast Guard 33 CFR Part 165
Docket No. USCG20210402
Safety Zone; Marine Events Within the Eighth Coast Guard District Coast Guard, Department of Homeland Security DHS.
ACTION: Notice of enforcement of regulation.
AGENCY:
The Coast Guard will enforce a safety zone for the Madisonville Old Fashioned 4th of July fireworks display July 3, 2021, from 8 p.m. through 9 p.m.
to provide for the safety of life on navigable waterways during this event.
Our regulation for marine events within the Eighth Coast Guard District identifies the regulated area for this event on the Tchefuncte River, near Madisonville, Louisiana. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any Official Patrol designated by the Captain of the Port.
DATES: The regulations in 33 CFR
165.801, Table 5, line 15, will be enforced from 8 p.m. through 9 p.m. on July 3, 2021.
FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Lieutenant Commander Thao V. Nguyen, Sector SUMMARY:
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