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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Proposed Rules
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.

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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 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 a temporary safety zone that would prohibit entry within certain navigable waters of the Chesapeake Bay and Coastal Virginia. Normally such actions are categorically excluded from further review under paragraph L60c of Appendix A, Table 1 of DHS Instruction Manual 0230100101, Rev. 1. A
Memorandum for the Record 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.

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G. Protest Activities
List of Subjects in 33 CFR Part 165

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.

Harbors, Marine safety, Navigation water, Reporting and recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 165 as follows:

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.
Submitting comments. We encourage you to submit comments through the Federal Decision Making Portal at https www.regulations.gov. To do so, go to https www.regulations.gov, type USCG20210623 in the search box and click Search. Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using https
www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select Supporting & Related Material in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the https
www.regulations.gov Frequently Asked Questions web page. 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.
Personal information. We accept anonymous comments. Comments we post to https www.regulations.gov will include any personal information you have provided. For more about privacy and submissions to the docket in response to this document, see DHSs eRulemaking System of Records notice 85 FR 14226, March 11, 2020.

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PART 165REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 1
continues to read as follows:

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.T050623 to read as follows:

165.T050623 Safety Zone; M/V ZHEN
HUA 24, Crane Delivery Operation, Chesapeake Bay and Coastal Virginia
a Regulated Area. The rule establishes the following regulated area as a temporary moving safety zone: All waters within a 500 yards radius of the M/V ZHEN HUA 24 during its inbound transit to Baltimore, MD. Inbound transit will begin when the M/V ZHEN
HUA enters the U.S. Territorial Sea, as defined in 33 CFR 2.22a1, and end when the vessel crosses the VirginiaMaryland State Line in the Chesapeake Bay, a line starting at a point 380136
N latitude, 751434 W longitude, then south east to a point 371914 N
latitude, 721313 W longitude. These coordinates are based on WGS 84.
b Definitions. As used in this section Captain of the Port COTP means the Commander, U.S. Coast Guard Sector Virginia.
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 Virginia COTP
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, contact the COTP or the COTPs representative by telephone at 757
4838567 or on Marine Band Radio VHFFM channel 16 156.8 MHz.
Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTPs designated representative.

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