Federal Register / Vol. 85, No. 72 / Tuesday, April 14, 2020 / Rules and Regulations 20593

This action amends Class E airspace, published yearly and effective on Paragraph 6002 Class E Airspace Areas designated as a surface area, by adding September 15. Designated as a Surface Area. a small extension to the northeast of the * * * * * Regulatory Notices and Analyses airport. The surface airspace extension ANM UT E2 Bryce Canyon, UT [Amended] is designed to contain IFR aircraft The FAA has determined that this descending below 1,000 feet above the regulation only involves an established Bryce Canyon Airport, UT (Lat. 37°42′23″ N, long. 112°08′45″W) surface. The amended surface area is body of technical regulations for which described as follows: That airspace frequent and routine amendments are That airspace extending upward from the surface within a 4.2-mile radius of the extending upward from the surface necessary to keep them operationally ° current, is non-controversial and airport, and 1 mile each side of the 047 within a 4.2-mile radius of the airport, bearing from the airport, extending from the and 1 mile each side of the 047° bearing unlikely to result in adverse or negative 4.2-mile radius to 5.4 miles northeast of from the airport, extending from the 4.2- comments. It, therefore: (1) Is not a Bryce Canyon Airport. mile radius to 5.4 miles northeast of the ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a Paragraph 6004 Class E Airspace Areas Bryce Canyon Airport. Designated as an Extension to a Class D or Also, this action amends Class E ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 Class E Surface Area. airspace by establishing an area, * * * * * designated as an extension to a surface FR 11034; February 26, 1979); and (3) area, to the southwest of the airport. does not warrant preparation of a ANM UT E4 Bryce Canyon, UT [New] This area is also designed to contain IFR regulatory evaluation as the anticipated Bryce Canyon Airport, UT aircraft descending below 1,000 feet impact is so minimal. Since this is a (Lat. 37°42′23″ N, long. 112°08′45″ W) routine matter that will only affect air above the surface and is described as That airspace extending upward from the follows: That airspace extending traffic procedures and air navigation, it surface within 1 mile each side of the 227° upward from the surface within 1 mile is certified that this rule, when bearing from the airport, extending from the each side of the 227° bearing from the promulgated, would not have a 4.2-mile radius to 7.8 miles southwest of significant economic impact on a airport, extending from the 4.2-mile Bryce Canyon Airport. substantial number of small entities radius to 7.8 miles southwest of the Paragraph 6005 Class E Airspace Areas under the criteria of the Regulatory Bryce Canyon Airport. Extending Upward from 700 Feet or More Flexibility Act. Additionally, this action amends Above the Surface of the Earth. Class E airspace, extending upward Environmental Review * * * * * from 700 feet above the surface, by The FAA has determined that this ANM UT E5 Bryce Canyon, UT [Amended] reducing the area to the east and action qualifies for categorical exclusion southeast of the airport. This area is Bryce Canyon Airport, UT under the National Environmental (Lat. 37°42′23″ N, long. 112°08′45″ W) designed to contain IFR arrivals Policy Act in accordance with FAA descending below 1,500 feet above the That airspace extending upward from 700 Order 1050.1F, ‘‘Environmental feet above the surface within 8 miles north surface and IFR departures until Impacts: Policies and Procedures,’’ and 4.2 miles south of the 047° bearing from reaching 1,200 feet above the surface. paragraph 5–6.5a. This airspace action the airport, extending from the airport to 16 This area is described as follows: That is not expected to cause any potentially miles northeast of the airport, and within 8 airspace extending upward from 700 significant environmental impacts, and miles north and 4.2 miles south of the 227° feet above the surface within 8 miles no extraordinary circumstances exist bearing from the airport, extending from the north and 4.2 miles south of the 047° that warrant preparation of an airport to 16 miles southwest of Bryce bearing from the airport, extending from environmental assessment. Canyon Airport. the airport to 16 miles northeast of the Issued in Seattle, Washington, on April 7, airport, and with 8 miles north and 4.2 List of Subjects in 14 CFR Part 71 2020. miles south of the 227° bearing from the Airspace, Incorporation by reference, Shawn M. Kozica airport, extending from the airport to 16 Navigation (air). Group Manager, Western Service Center miles southwest of Bryce Canyon Adoption of the Amendment Operations Support Group. Airport. [FR Doc. 2020–07703 Filed 4–13–20; 8:45 am] In consideration of the foregoing, the Further, this action removes Class E BILLING CODE 4910–13–P airspace extending upward from 1,200 Federal Aviation Administration feet above the surface. This airspace is amends 14 CFR part 71 as follows: wholly contained within the Denver en PART 71—DESIGNATION OF CLASS A, DEPARTMENT OF HOMELAND route airspace and duplication is not B, C, D, AND E AIRSPACE AREAS; AIR SECURITY necessary. TRAFFIC SERVICE ROUTES; AND Lastly, this action makes an REPORTING POINTS Coast Guard administrative update to the Class E surface airspace’s legal descriptions. ■ 1. The authority citation for 14 CFR 33 CFR Part 165 The surface airspace should be in effect part 71 continues to read as follows: [Docket Number USCG–2020–0061] full time. The following two sentences Authority: 49 U.S.C. 106(f), 106(g), 40103, do not accurately reflect the time of use 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, RIN 1625–AA00 and are removed. ‘‘This Class E airspace 1959–1963 Comp., p. 389. area is effective during specific dates Safety Zone for Fireworks Displays; and times established in advance by a § 71.1 [Amended] Upper Potomac River, Washington Notice to Airmen. The effective date and ■ 2. The incorporation by reference in Channel, DC time will thereafter be continuously 14 CFR 71.1 of FAA Order 7400.11D, AGENCY: Coast Guard, DHS. published in the Airport/Facility Airspace Designations and Reporting ACTION: Temporary final rule. Directory.’’ Points, dated August 8, 2019, and FAA Order 7400.11, Airspace effective September 15, 2019, is SUMMARY: The Coast Guard is Designations and Reporting Points, is amended as follows: establishing a temporary safety zone for

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certain waters of the Upper Potomac the NPRM, and invited comments on after the scheduled fireworks display. River. This action is necessary to our proposed regulatory action related No vessel or person will be permitted to provide for the safety of life on these to these fireworks displays. During the enter the safety zone without obtaining navigable waters of the Washington comment period that ended March 16, permission from the COTP or a Channel adjacent to The Wharf DC, 2020, we received no comments. designated representative. Washington, DC, for recurring fireworks Under 5 U.S.C. 553(d)(3), the Coast V. Regulatory Analyses displays from April 4, 2020, through Guard finds that good cause exists for December 31, 2020. This regulation making this rule effective less than 30 We developed this rule after prohibits persons and vessels from days after publication in the Federal considering numerous statutes and being in the safety zone unless Register. Delaying the effective date of Executive orders related to rulemaking. authorized by the Captain of the Port this rule would be impracticable Below we summarize our analyses Maryland-National Capital Region or a because immediate action is needed to based on a number of these statutes and designated representative. respond to the potential safety hazards Executive orders, and we discuss First DATES: This rule is effective without associated with the fireworks displays, Amendment rights of protestors. actual notice from April 14, 2020 including the accidental discharge of A. Regulatory Planning and Review through December 31, 2020. For the fireworks, dangerous projectiles, and Executive Orders 12866 and 13563 purposes of enforcement, actual notice falling hot embers or other debris. direct agencies to assess the costs and will be used from April 4, 2020, until III. Legal Authority and Need for Rule benefits of available regulatory April 14, 2020. The Coast Guard is issuing this rule alternatives and, if regulation is ADDRESSES: To view documents under authority in 46 U.S.C. 70034 necessary, to select regulatory mentioned in this preamble as being (previously 33 U.S.C. 1231). The approaches that maximize net benefits. available in the docket, go to https:// Captain of the Port Maryland-National Executive Order 13771 directs agencies www.regulations.gov, type USCG–2020– Capital Region (COTP) has determined to control regulatory costs through a 0061 in the ‘‘SEARCH’’ box and click that potential hazards associated with budgeting process. This rule has not ‘‘SEARCH.’’ Click on Open Docket the fireworks to be used in these been designated a ‘‘significant Folder on the line associated with this displays will be a safety concern for regulatory action,’’ under Executive rule. anyone within 200 feet of the fireworks Order 12866. Accordingly, this rule has FOR FURTHER INFORMATION CONTACT: If barge. The purpose of this rule is to not been reviewed by the Office of you have questions on this rule, call or ensure safety of vessels and the Management and Budget (OMB), and email Mr. Ron Houck, Sector Maryland- navigable waters in the safety zone pursuant to OMB guidance it is exempt National Capital Region Waterways before, during, and after the scheduled from the requirements of Executive Management Division, U.S. Coast events. Order 13771. Guard; telephone 410–576–2674, email This regulatory action determination [email protected]. IV. Discussion of Comments, Changes, is based on the size, duration, and time- and the Rule SUPPLEMENTARY INFORMATION: of-day of the safety zone. It is As noted above, we received no I. Table of Abbreviations anticipated that the safety zone will be comments on our NPRM published activated for seven separate events CFR Code of Federal Regulations February 14, 2020. There are no changes during 2020. Although vessel traffic will COTP Captain of the Port in the regulatory text of this rule from not be able to safely transit around this DHS Department of Homeland Security the proposed rule in the NPRM. safety zone when being enforced, the FR Federal Register This rule establishes a temporary NPRM Notice of proposed rulemaking impact will be for 5 hours or less for § Section recurring safety zone in the Washington each of the 7 fireworks events (35 total U.S.C. United States Code Channel from April 4, 2020, through enforcement hours or fewer) during the December 31, 2020. The safety zone will evening when vessel traffic in II. Background Information and cover all navigable waters of the Washington Channel is normally low. Regulatory History Washington Channel within 200 feet of Moreover, the Coast Guard will issue a On January 9, 2020, Pyrotecnico, Inc., the fireworks barge. It is anticipated that Broadcast Notice to Mariners via VHF– of New Castle, PA, notified the Coast the safety zone will be activated for FM marine channel 16 about the zone. Guard that it will be conducting seven seven separate events during 2020. For fireworks displays, sponsored by The each event, the barge will be located B. Impact on Small Entities Wharf DC, from 7 p.m. to 11:59 p.m. for within an area bounded on the south by The Regulatory Flexibility Act of various events from April 4, 2020, latitude 38°52′30″ N, and bounded on 1980, 5 U.S.C. 601–612, as amended, through December 31, 2020. The the north by the Francis Case (I–395) requires Federal agencies to consider fireworks are to be launched from a Memorial Bridge, located at the potential impact of regulations on barge in the Washington Channel, Washington, DC. The safety zone will be small entities during rulemaking. The adjacent to The Wharf DC in enforced from 7 p.m. until 11:59 p.m. term ‘‘small entities’’ comprises small Washington, DC. The fireworks for each fireworks display scheduled businesses, not-for-profit organizations company has provided dates for two of from April 4, 2020, through December that are independently owned and the events, April 4, 2020, and December 31, 2020. Prior to enforcement, the operated and are not dominant in their 5, 2020. However, the dates for the COTP will provide notice by publishing fields, and governmental jurisdictions remaining five events have not yet been a Notice of Enforcement at least 2 days with populations of less than 50,000. finalized. in advance of the event in the Federal The Coast Guard received no comments On February 14, 2020, the Coast Register, as well as issuing a Local from the Small Business Administration Guard published a notice of proposed Notice to Mariners and Broadcast Notice on this rulemaking. The Coast Guard rulemaking (NPRM) titled ‘‘Safety Zone to Mariners at least 24 hours in advance. certifies under 5 U.S.C. 605(b) that this for Fireworks Displays; Upper Potomac The duration of the zone is intended to rule will not have a significant River, Washington Channel, DC’’ (85 FR ensure the safety of vessels and these economic impact on a substantial 8507). There we stated why we issued navigable waters before, during, and number of small entities.

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While some owners or operators of responsibilities between the Federal PART 165—REGULATED NAVIGATION vessels intending to transit the safety Government and Indian tribes. AREAS AND LIMITED ACCESS AREAS zone may be small entities, for the E. Unfunded Mandates Reform Act reasons stated in section V.A above, this ■ 1. The authority citation for part 165 rule will not have a significant The Unfunded Mandates Reform Act continues to read as follows: economic impact on any vessel owner of 1995 (2 U.S.C. 1531–1538) requires Authority: 46 U.S.C. 70034, 70051; 33 CFR or operator. Federal agencies to assess the effects of 1.05–1, 6.04–1, 6.04–6, and 160.5; Under section 213(a) of the Small their discretionary regulatory actions. In Department of Homeland Security Delegation Business Regulatory Enforcement particular, the Act addresses actions No. 0170.1. Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a ■ 2. Add § 165.T05–0061 to read as we want to assist small entities in State, local, or tribal government, in the follows: understanding this rule. If the rule aggregate, or by the private sector of would affect your small business, $100,000,000 (adjusted for inflation) or § 165.T05–0061 Safety Zone for Fireworks organization, or governmental Displays; Upper Potomac River, more in any one year. Though this rule Washington Channel, Washington, DC. jurisdiction and you have questions will not result in such an expenditure, (a) Location. The following area is a concerning its provisions or options for we do discuss the effects of this rule safety zone: All navigable waters of the compliance, please call or email the elsewhere in this preamble. person listed in the FOR FURTHER Washington Channel within 200 feet of INFORMATION CONTACT section. F. Environment the fireworks barge which will be located within an area bounded on the Small businesses may send comments We have analyzed this rule under south by latitude 38°52′30″ N, and on the actions of Federal employees Department of Homeland Security bounded on the north by the southern who enforce, or otherwise determine Directive 023–01, Rev. 1, associated extent of the Francis Case (I–395) compliance with, Federal regulations to implementing instructions, and Memorial Bridge, located at the Small Business and Agriculture Environmental Planning COMDTINST Washington, DC. These coordinates are Regulatory Enforcement Ombudsman 5090.1 (series), which guide the Coast based on datum NAD 1983. and the Regional Small Business Guard in complying with the National (b) Definitions. As used in this Regulatory Fairness Boards. The Environmental Policy Act of 1969 (42 section— Ombudsman evaluates these actions U.S.C. 4321–4370f), and have (1) Captain of the Port (COTP) means annually and rates each agency’s determined that this action is one of a the Commander, U.S. Coast Guard responsiveness to small business. If you category of actions that do not Sector Maryland-National Capital wish to comment on actions by individually or cumulatively have a Region. employees of the Coast Guard, call 1– significant effect on the human (2) Designated representative means 888–REG–FAIR (1–888–734–3247). The environment. This rule involves a safety any Coast Guard commissioned, Coast Guard will not retaliate against zone that will be in effect for the entire warrant, or petty officer who has been small entities that question or complain year, however, when activated, it will authorized by the Captain of the Port about this rule or any policy or action last less than 5 hours and prohibit entry Maryland-National Capital Region to of the Coast Guard. within a portion of the Washington assist in enforcing the safety zone C. Collection of Information Channel. It is categorically excluded described in paragraph (a) of this from further review under paragraph section. This rule will not call for a new L60(a) of Appendix A, Table 1 of DHS (c) Regulations. (1) Under the general collection of information under the Instruction Manual 023–01–001–01, safety zone regulations in subpart C of Paperwork Reduction Act of 1995 (44 Rev. 1. A Record of Environmental this part, you may not enter the safety U.S.C. 3501–3520). Consideration supporting this zone described in paragraph (a) of this D. Federalism and Indian Tribal determination is available in the docket. section unless authorized by the COTP Governments For instructions on locating the docket, or the COTP’s designated representative. see the ADDRESSES section of this All vessels underway within this safety A rule has implications for federalism preamble. zone at the time it is activated are to under Executive Order 13132, G. Protest Activities depart the zone. Federalism, if it has a substantial direct (2) To seek permission to enter, effect on the States, on the relationship The Coast Guard respects the First contact the COTP or the COTP’s between the National Government and Amendment rights of protesters. representative by telephone at 410–576– the States, or on the distribution of Protesters are asked to call or email the 2693 or on Marine Band Radio VHF–FM power and responsibilities among the person listed in the FOR FURTHER channel 16 (156.8 MHz). The Coast various levels of government. We have INFORMATION CONTACT section to Guard vessels enforcing this section can analyzed this rule under that Order and coordinate protest activities so that your be contacted on Marine Band Radio have determined that it is consistent message can be received without VHF–FM channel 16 (156.8 MHz). with the fundamental federalism jeopardizing the safety or security of (3) Those in the safety zone must principles and preemption requirements people, places or vessels. comply with all lawful orders or described in Executive Order 13132. directions given to them by the COTP or Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 the COTP’s designated representative. implications under Executive Order (d) Enforcement officials. The U.S. Harbors, Marine safety, Navigation 13175, Consultation and Coordination Coast Guard may be assisted in the (water), Reporting and recordkeeping with Indian Tribal Governments, patrol and enforcement of the safety requirements, Security measures, because it does not have a substantial zone by Federal, State, and local Waterways. direct effect on one or more Indian agencies. tribes, on the relationship between the For the reasons discussed in the (e) Enforcement. This safety zone will Federal Government and Indian tribes, preamble, the Coast Guard amends 33 be enforced April 4, 2020, through or on the distribution of power and CFR part 165 as follows: December 31, 2020, from 7 p.m. to 11:59

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p.m. each day that a barge with a SUPPLEMENTARY INFORMATION: or parties directly involved or impacted ‘‘FIREWORKS—DANGER—STAY by the RNA, and the final comment I. Table of Abbreviations AWAY’’ sign on the port and starboard received was from a private citizen. All sides is on-scene or a ‘‘FIREWORKS— CFR Code of Federal Regulations three comments received are discussed DANGER—STAY AWAY’’ sign is COTP Captain of the Port below. posted on land adjacent to the shoreline, RNA Regulated Navigation Area The first comment agreed with the DHS Department of Homeland Security proposed changes; however, it proposed near the location described in paragraph GT Gross Tons (a) of this section. The enforcement LNG Liquefied Natural Gas further sections of the existing RNA, times of this section are subject to FR Federal Register originally published on September 10, change, but the duration of each GA Georgia 2007, be amended. The commenter enforcement of the zone is expected to FiFi Fire Fighting proposed removal of three paragraphs be 5 hours or less. Prior to enforcement, NPRM Notice of proposed rulemaking from the original RNA in § 165.756: the COTP will provide notice by BNM Broadcast Notice to Mariners (d)(1)(iii)(D), (d)(3)(i), and (d)(3)(ii). This publishing a Notice of Enforcement at § Section recommendation is due to the U.S.C. United States Code possibility of smaller vessels calling to least 2 days in advance of the event in OMB Office of Management and Budget the Federal Register, as well as issuing port at the Southern LNG Facility in the a Local Notice to Mariners and II. Background Information and future. The commenter’s first preference Broadcast Notice to Mariners at least 24 Regulatory History is to remove these paragraphs, but in the hours in advance. A notice of proposed rulemaking alternative, proposed to amend the three paragraphs to apply only to LNG Dated: March 26, 2020. (NPRM) entitled ‘‘Revision for Regulated Navigation Area; Savannah Tankships with cargo capacity of over Joseph B. Loring, 120,000 m3. In alignment with the Captain, U.S. Coast Guard, Captain of the GA’’ was published in the Federal Register on June 13, 2019 (84 FR 25506). purpose of this rule—to adapt the RNA Port Maryland-National Capital Region. to the facility changes—the Coast Guard [FR Doc. 2020–07094 Filed 4–13–20; 8:45 am] The NPRM proposed to amend the regulated navigation area (RNA) on the agrees that stating which requirements BILLING CODE 9110–04–P Savannah River located between Fort apply only to large LNG Tankships will Jackson, GA (32°04.93 N, 081°02.19 W) provide additional clarity to the applicability of these requirements. This DEPARTMENT OF HOMELAND and the Savannah River Channel Entrance Sea Buoy in 33 CFR 165.756. final rule further amends existing SECURITY § 165.756(d)(1)(iii)(D), (d)(3)(i), and The NPRM proposed to remove (d)(3)(ii) (redesignated by this rule as inapplicable and/or outdated Coast Guard §§ 165.756(d)(1)(iii)(D), (d)(2)(i), and definitions, processes and requirements (d)(2)(ii), respectively) by adding a in the RNA following a change in 33 CFR Part 165 statement that the requirements of those capability, infrastructure and layout of paragraphs only apply to LNG [Docket Number USCG–2018–0648] the Southern Liquefied Natural Gas Tankerships with cargo capacity of over RIN 1625–AA11 (LNG) facility on the Savannah River. 120,000 m3. The NPRM provided for a 60-day The second commenter expressed Regulated Navigation Area; Savannah comment period, which closed on River, GA concern with removing paragraph (d)(5) August 12, 2019. We received three of § 165.756 as proposed in the NPRM AGENCY: Coast Guard, DHS. comments on the NPRM that are due to potential safety concerns. The addressed below. ACTION: Final rule. commenter stated that, ‘‘By removing III. Legal Authority and Need for the the Docking Pilot as a watch stander on SUMMARY: The Coast Guard is amending Rule the bridge of an LNG Tankship, one of an existing regulated navigation area the layers of safety is being eliminated.’’ The Coast Guard is issuing this rule (RNA) on the Savannah River located While the Coast Guard agrees that under the authority in 46 U.S.C. 70034. between Fort Jackson, GA and the having a docking pilot onboard each Through the NPRM and commenting Savannah River Channel Entrance Sea moored vessel could have a positive period, the Coast Guard has determined Buoy. This rule removes inapplicable impact on the emergency response to a that the RNA needs to be amended to and/or outdated definitions, processes potential incident, this is not a standard remove inapplicable and/or outdated and requirements in the RNA following practice among other LNG facilities, nor definitions, processes, and requirements a change in capability, infrastructure is this a requirement for other deep draft due to changes in capability, and layout of the Southern Liquefied vessels moored throughout the Port of infrastructure, and layout of the Natural Gas (LNG) facility on the Savannah. In addition, it is a standard Southern LNG facility on the Savannah Savannah River. practice for the vessel to maintain a River. DATES: This rule is effective May 14, bridge watchstander while moored. No 2020. IV. Discussion of Comments and LNG vessels moor outside of the slip at Changes to the Rule Southern LNG at Elba Island due to the ADDRESSES: To view documents changes in the facility layout. Therefore, mentioned in this preamble go to: A. Discussion of Comments the passing arrangements and http://www.regulations.gov and enter The Coast Guard received three communications this watchstander USCG–2018–0648 in the ‘‘SEARCH’’ comment submissions from the public facilitated are no longer necessary. For feature. Click on Open Docket Folder on in response to the proposed rule. Two these reasons, we believe the the line associated with this rule. of the comments proposed additional requirement in paragraph (d)(5) to have FOR FURTHER INFORMATION CONTACT: If amendments and/or changes. One an additional watchstander on the you have questions on this rule, call or comment agreed to the Coast Guard’s bridge, such as a docking pilot, is an email LT Joseph Palmquist, Coast proposed amendments to the RNA. The unnecessary burden and are removing Guard; telephone 912–652–4353 ext. comments that proposed additional this requirement with this final rule. 221, email [email protected]. amendments were from companies and/ LNG tankship vessels mooring in this

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