13998 Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations

Regulatory Enforcement Fairness Act of DEPARTMENT OF HOMELAND II. Background Information and 1996, Public Law 104–121, 110 Stat. SECURITY Regulatory History 847, 868, et seq. The Coast Guard is issuing this Coast Guard D. Executive Order 13132 (Federalism) temporary rule without prior notice and opportunity to comment pursuant to 33 CFR Part 100 This final rule would not have authority under section 4(a) of the substantial direct effects on the States, Administrative Procedure Act (APA) (5 on the relationship between the national [Docket No. USCG–2021–0118] U.S.C. 553(b)). This provision government and the States, or on the authorizes an agency to issue a rule distribution of power and RIN 1625–AA08 without prior notice and opportunity to responsibilities among the various comment when the agency for good Special Local Regulation; Bay levels of government. Therefore, in cause finds that those procedures are Guardian Exercise, Treasure Island, accordance with section 6 of E.O. 13132, ‘‘impracticable, unnecessary, or contrary San Francisco, CA it is determined that this final rule does to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that not have sufficient federalism AGENCY: Coast Guard, DHS. implications to warrant the preparation good cause exists for not publishing a ACTION: Temporary final rule. of a federalism summary impact notice of proposed rulemaking (NPRM) with respect to this rule because it is statement. SUMMARY: The Coast Guard is impracticable. The Coast Guard did not E. Executive Order 12988 (Civil Justice establishing a temporary special local receive final details for this event until Reform) regulation (SLR) in the navigable waters February 22, 2021. The Coast Guard of the San Francisco Bay, near Treasure must establish this safety zone by March This final rule meets the applicable Island, San Francisco, CA in support of 17, 2021 and lacks sufficient time to standards set forth in sections 3(a) and the Bay Guardian 2021 exercise. This provide a reasonable comment period 3(b)(2) of E.O. 12988. special local regulation will temporarily and consider those comments before restrict vessel traffic in the vicinity of issuing the rule. F. Regulatory Flexibility Executive Order Treasure Island and prohibit vessels and Under 5 U.S.C. 553(d)(3), the Coast 13175 (Consultation and Coordination persons not participating in the exercise Guard finds that good cause exists for With Indian Tribal Governments) from entering the regulated area. The making this rule effective less than 30 This final rule does not have ‘‘tribal purpose of the exercise it to use days after publication in the Federal radioactive detection equipment in a implications’’ because it does not have Register. Delaying the effective date of mock scenario. The exercise will be substantial direct effects on one or more this rule would be contrary to public interrupted, as necessary, to permit the interest because this regulation is Indian tribes, on the relationship passage of commercial vessel traffic. between the Federal Government and needed on March 17, 2021, less than 30 Exercise participants and non- days after the Coast Guard received the Indian tribes, or on the distribution of participants operating within the SLR final details of the event, in order to power and responsibilities between the area shall comply with all instructions keep vessels away from the immediate Federal Government and Indian tribes. given by the on-scene Patrol vicinity of the exercise to ensure the Accordingly, E.O. 13175, Consultation Commander monitoring the event. This safety of exercise participants, mariners, and Coordination with Indian Tribal regulation is necessary to provide safety and transiting vessels. Governments, requires no further of life on the navigable waters during agency action or analysis. the exercise, which will be held on III. Legal Authority and Need for Rule March 17, 2021. G. Paperwork Reduction Act The legal basis for the proposed rule DATES: This rule is effective from 8 a.m. is 46 U.S.C. 70041 (previously 33 U.S.C. The Paperwork Reduction Act of 1995 to 6 p.m. on March 17, 2021. 1233). Under 33 CFR 100.35, the Coast (PRA), 44 U.S.C. 3501, et seq., and its Guard District Commander has ADDRESSES: To view documents attendant regulations, 5 CFR part 1320, authority to promulgate certain special mentioned in this preamble as being local regulations deemed necessary to require the Department to consider the available in the docket, go to https:// agency’s need for its information ensure the safety of life on the navigable www.regulations.gov, type USCG–2021– waters immediately before, during, and collections and their practical utility, 0118 in the ‘‘SEARCH’’ box and click the impact of paperwork and other immediately after an approved regatta or ‘‘SEARCH.’’ Click on Open Docket marine parade. The Commander of information collection burdens imposed Folder on the line associated with this on the public, and how to minimize Coast Guard District 11 has delegated to rule. the Captain of the Port (COTP) San those burdens. This final rule does not FOR FURTHER INFORMATION CONTACT: If Francisco the responsibility of issuing require a collection of information you have questions on this rule, call or such regulations. subject to approval by OMB under the email Lieutenant Anthony Solares, The regulation establishes a regulated PRA, or affect any existing collections of Waterways Management, U.S. Coast area on the waters on which the Bay information. Guard; telephone (415) 399–7443, email Guardian exercise will be held. The Suzan G. LeVine, [email protected]. regulated area is necessary to ensure the Principal Deputy Assistant Secretary for SUPPLEMENTARY INFORMATION: safety of exercise participants and Employment and Training, Labor. mariners transiting near the exercise I. Table of Abbreviations area. [FR Doc. 2021–05269 Filed 3–11–21; 8:45 am] BILLING CODE 4510–FP–P CFR Code of Federal Regulations IV. Discussion of the Rule COTP Captain of the Port San Francisco DHS Department of Homeland Security The Bay Guardian 2021 exercise will § Section occur in the navigable waters of San U.S.C. United States Code Francisco Bay, near Treasure Island, CA,

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within an area bounded by a line B. Impact on Small Entities power and responsibilities among the ° ′ ″ beginning at position 37 50 48.9 N, The Regulatory Flexibility Act of various levels of government. We have 122°23 45.4″ W; thence to position analyzed this rule under that Order and ° ′ ″ ° ′ ″ 1980, 5 U.S.C. 601–612, as amended, 37 50 51.1 N, 122 22 14.1 W; thence to requires Federal agencies to consider have determined that it is consistent position 37°49′14.0″ N, 122°21′18.1″ W; with the fundamental federalism ° ′ ″ the potential impact of regulations on thence to position 37 49 8.4 N, small entities during rulemaking. The principles and preemption requirements 122°21′28.7″ W; thence to position described in Executive Order 13132. ° ′ ″ ° ′ ″ term ‘‘small entities’’ comprises small 37 49 13.3 N, 122 21 48.4 W; thence businesses, not-for-profit organizations Also, this rule does not have tribal along Treasure island shoreline to implications under Executive Order ° ′ ″ ° ′ ″ that are independently owned and position 37 49 22.3 N, 122 21 44.4 W, operated and are not dominant in their 13175, Consultation and Coordination thence along Treasure island shoreline with Indian Tribal Governments, ° ′ ″ ° ′ ″ fields, and governmental jurisdictions to position 37 50 1.1 N, 122 22 12.1 with populations of less than 50,000. because it does not have a substantial W; thence to position 37°50′1.1″ N, direct effect on one or more Indian ° ′ ″ The Coast Guard certifies under 5 U.S.C. 122 23 46 W; and thence to the point 605(b) that this rule will not have a tribes, on the relationship between the of beginning. significant economic impact on a Federal Government and Indian tribes, This rule will be enforced before, substantial number of small entities. or on the distribution of power and during, and immediately after the event, While some owners or operators of responsibilities between the Federal from 8 a.m. to 6 p.m. on March 17, 2021, vessels intending to transit the Government and Indian tribes. or as broadcasted via BNM. temporary regulated area may be small E. Unfunded Mandates Reform Act Except for persons or vessels entities, for the reasons stated in section authorized by the Captain of the Port or V.A. above, this rule will not have a The Unfunded Mandates Reform Act a designated representative, no vessel significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires may enter or remain in the restricted vessel owner or operator. Federal agencies to assess the effects of area. A ‘‘designated representative’’ Under section 213(a) of the Small their discretionary regulatory actions. In means a Coast Guard Patrol Business Regulatory Enforcement particular, the Act addresses actions Commander, including a Coast Guard Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a coxswain, petty officer, or other officer we want to assist small entities in State, local, or tribal government, in the operating a Coast Guard vessel or a understanding this rule. If the rule aggregate, or by the private sector of Federal, State, or local officer would affect your small business, $100,000,000 (adjusted for inflation) or designated by or assisting the COTP in organization, or governmental more in any one year. Though this rule enforcement of the restricted area. jurisdiction and you have questions will not result in such an expenditure, concerning its provisions or options for we do discuss the effects of this rule V. Regulatory Analyses compliance, please contact the person elsewhere in this preamble. We developed this rule after listed in the FOR FURTHER INFORMATION F. Environment CONTACT section. considering numerous statutes and We have analyzed this rule under Executive orders related to rulemaking. Small businesses may send comments on the actions of Federal employees Department of Homeland Security Below we summarize our analyses Directive 023–01, Rev. 1, associated based on a number of these statutes and who enforce, or otherwise determine compliance with, Federal regulations to implementing instructions, and Executive orders, and we discuss First Environmental Planning COMDTINST Amendment rights of protestors. the Small Business and Agriculture Regulatory Enforcement Ombudsman 5090.1 (series), which guide the Coast A. Regulatory Planning and Review and the Regional Small Business Guard in complying with the National Regulatory Fairness Boards. The Environmental Policy Act of 1969 (42 Executive Orders 12866 and 13563 Ombudsman evaluates these actions U.S.C. 4321–4370f), and have direct agencies to assess the costs and annually and rates each agency’s determined that this action is one of a benefits of available regulatory responsiveness to small business. If you category of actions that do not alternatives and, if regulation is wish to comment on actions by individually or cumulatively have a necessary, to select regulatory employees of the Coast Guard, call 1– significant effect on the human approaches that maximize net benefits. 888–REG–FAIR (1–888–734–3247). The environment. This rule involves a This rule has not been designated a Coast Guard will not retaliate against special local regulation of limited size ‘‘significant regulatory action,’’ under small entities that question or complain and duration which will be in active use Executive Order 12866. Accordingly, about this rule or any policy or action by exercise participant during the 10- this rule has not been reviewed by the of the Coast Guard. hour enforcement period. It is Office of Management and Budget categorically excluded from further (OMB). C. Collection of Information review under paragraph L61 of This regulatory action determination This rule will not call for a new Appendix A, Table 1 of DHS Instruction is based on the limited duration and collection of information under the Manual 023–01–001–01, Rev. 1. narrowly tailored geographic area of the Paperwork Reduction Act of 1995 (44 G. Protest Activities restricted area. Although this rule U.S.C. 3501–3520). restricts access to the water of the The Coast Guard respects the First encompassed area, the effect of this rule D. Federalism and Indian Tribal Amendment rights of protesters. will not be significant because the local Governments Protesters are asked to contact the waterway users will be notified to A rule has implications for federalism person listed in the FOR FURTHER minimize impact. The vessels desiring under Executive Order 13132, INFORMATION CONTACT section to to transit through or around the Federalism, if it has a substantial direct coordinate protest activities so that your temporary restricted area may do so effect on the States, on the relationship message can be received without upon express permission from the COTP between the national government and jeopardizing the safety or security of or the COTP’s designated representative. the States, or on the distribution of people, places, or vessels.

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List of Subjects in 33 CFR Part 100 (3) The COTP will provide notice of the person identified in the FOR FURTHER Marine safety, Navigation (water), the regulated area through advanced INFORMATION CONTACT section for Reporting and recordkeeping notice via broadcast notice to mariners additional information. requirements, Waterways. and by on-scene designated FOR FURTHER INFORMATION CONTACT: Jed For the reasons discussed in the representatives. D. Wolkins, Environmental Protection (d) Enforcement period. This section preamble, the Coast Guard amends 33 Agency, Region 7 Office, Air Quality will be enforced from 8 a.m. to 6 p.m. CFR part 100 as follows: Planning Branch, 11201 Renner on March 17, 2021. Boulevard, Lenexa, Kansas 66219; PART 100—SAFETY OF LIFE ON Dated: March 9, 2021. telephone number: (913) 551–7588; NAVIGABLE WATERS H.H. Wright, email address: [email protected]. ■ 1. The authority citation for part 100 Captain, U.S. Coast Guard, Alternate Captain SUPPLEMENTARY INFORMATION: of the Port. continues to read as follows: Throughout this document ‘‘we,’’ ‘‘us,’’ [FR Doc. 2021–05258 Filed 3–11–21; 8:45 am] and ‘‘our’’ refer to the EPA. Authority: 46 U.S.C. 70041; 33 CFR 1.05– BILLING CODE 9110–04–P 1. Table of Contents ■ 2. Add § 100.T11–049 to read as I. What is being addressed in this document? follows: ENVIRONMENTAL PROTECTION II. Background III. The EPA’s Response to Comments § 100.T11–049 Special Local Regulation; AGENCY IV. Have the requirements for approval of a Bay Guardian Exercise, Treasure Island, SIP revision been met? San Francisco, CA. 40 CFR Part 52 V. What action is the EPA taking? (a) Regulated area. The regulations in [EPA–R07–OAR–2020–0711; FRL–10021– VI. Impacts on the Boutique Fuels List this section apply to the following area: 10–Region 7] VII. Incorporation by Reference The navigable waters of San Francisco VIII. Statutory and Executive Order Reviews Bay, near Treasure Island, CA, bounded Air Plan Approval; Kansas; Removal of I. What is being addressed in this by a line beginning at position Kansas City, Kansas Reid Vapor document? 37°50′48.9″ N, 122°23 45.4″ W; thence Pressure Fuel Requirement ° ′ ″ ° ′ ″ to position 37 50 51.1 N, 122 22 14.1 AGENCY: The EPA is approving a revision to ° ′ ″ Environmental Protection W; thence to position 37 49 14.0 N, Agency (EPA). the Kansas SIP, submitted by the Kansas 122°21′18.1″ W; thence to position ACTION: Final rule. Department of Health and Environment 37°49′8.4″ N, 122°21′28.7″ W; thence to (KDHE) on December 9, 2020. The ° ′ ″ ° ′ ″ position 37 49 13.3 N, 122 21 48.4 W; SUMMARY: The Environmental Protection revision removes the seven psi RVP fuel thence along Treasure island shoreline Agency (EPA) is taking final action to requirement for the Kansas City, Kansas, to position 37°49′22.3″ N, 122°21′44.4″ approve a revision to the State area: Consisting of Johnson and W, thence along Treasure island Implementation Plan (SIP) for the State Wyandotte Counties. The former SIP- ° ′ ″ shoreline to position 37 50 1.1 N, of Kansas. This final action will amend approved rule, K.A.R. 28–19–719, ° ′ ″ 122 22 12.1 W; thence to position the SIP to remove the Kansas City, required gasoline sold in the two ° ′ ″ ° ′ ″ 37 50 1.1 N, 122 23 46 W; and thence Kansas low Reid Vapor Pressure (RVP) counties to have a RVP of seven psi or to the point of beginning. fuel requirement which required less from June 1 through September 15. (b) Definitions. As used in this gasoline sold in the Kansas City, Kansas After the effective date of this final section— area to have a seven pounds per square action, the Kansas City, Kansas area will Designated representative means a inch (psi) Reid Vapor Pressure from only be subject to the CAA RVP fuel Coast Guard Patrol Commander, June 1 to September 15. The majority of requirement of nine psi or less from including a Coast Guard coxswain, petty the state is subject to the Clean Air Act June 1 through September 15. officer, or other officer operating a Coast (CAA) nine pounds per square inch Guard vessel and a Federal, State, and II. Background Reid Vapor Pressure fuel requirement local officer designated by or assisting from June 1 to September 15. In The EPA established a 1-hour ozone the Captain of the Port (COTP) San addition, the EPA has issued a separate national ambient air quality standard Francisco in the enforcement of the proposal for the Missouri side of the (NAAQS) in 1971.1 See 36 FR 8186 regulations in this section. (April 30, 1971). On March 3, 1978, the Participant means all persons and Kansas City metropolitan area. EPA designated Johnson and Wyandotte vessels registered with the event DATES: This final rule is effective on Counties (hereinafter referred to in this sponsor as a participant in the exercise. April 12, 2021. (c) Regulations. (1) All non- ADDRESSES: The EPA has established a document as the ‘‘Kansas City area’’) in participants are prohibited from docket for this action under Docket ID nonattainment of the 1971 1-hour ozone entering, transiting through, anchoring No. EPA–R07–OAR–2020–0711. All NAAQS, as required by the CAA in, or remaining within the regulated documents in the docket are listed on Amendments of 1977. See 43 FR 8962 area described in paragraph (a) of this the https://www.regulations.gov (March 3, 1978). On February 8, 1979, section unless authorized by the Captain website. Although listed in the index, the EPA revised the 1-hour ozone of the Port (COTP) San Francisco or some information is not publicly NAAQS, referred to as the 1979 ozone their designated representative. available, i.e., CBI or other information (2) To seek permission to enter, whose disclosure is restricted by statute. 1 The 1-hour ozone NAAQS was originally promulgated as a photochemical oxidant standard. contact the COTP or the COTP’s Certain other material, such as See 36 FR 8186 (April 30, 1971). In 1979, the EPA representative by calling the Sector copyrighted material, is not placed on substituted the word ‘‘ozone’’ for ‘‘photochemical Command Center at 415–399–3547. the internet and will be publicly oxidant.’’ See 44 FR 8202 (February 8, 1979). In Those in the regulated area must available only in hard copy form. doing so, the EPA stated that ‘‘(t)he intent of the standard (total-oxidant reduction), the control comply with all lawful orders or Publicly available docket materials are strategies, and the index of Progress toward directions given to them by the COTP or available through https:// attainment (measured ozone levels) remain the designated representative. www.regulations.gov or please contact unchanged.’’ Id. at 8203.

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