[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Rules and Regulations]
[Pages 62459-62462]
[FR Doc No: 2013-24282]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2012-0564; FRL-9901-63-Region 5]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Redesignation of the Canton-Massillon Area to Attainment of the
1997 Annual Standard and the 2006 24-Hour Standard for Fine Particulate
Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving, under the Clean Air Act (CAA), the state of
Ohio's request to redesignate the Canton-Massillon nonattainment area
(Canton), Stark County, to attainment of the 1997 annual and 2006 24-
hour national ambient air quality standards (NAAQS or standards) for
fine particulate matter (PM2.5). On June 26, 2012, the Ohio
Environmental Protection Agency (OEPA) submitted a request for EPA to
redesignate the Canton nonattainment area. EPA determined that the
Canton area has attained the 1997 annual and 2006 24-hour
PM2.5 standards, and proposed on August 7, 2013, to approve
Ohio's request to redesignate the area. EPA is taking final action
today on that proposal. EPA is also taking final action in this
rulemaking on several related proposals. EPA is approving, as a
revision to the Ohio state implementation plan (SIP), the state's plan
for maintaining the 1997 annual and 2006 24-hour PM2.5 NAAQS
in the area through 2025. Finally, EPA finds adequate and is approving
Ohio's nitrogen oxides (NOX) and PM2.5 motor
vehicle emission budgets (MVEBs) for 2015 and 2025 for the Canton area.
EPA is also approving the 2005 and 2008 emissions inventories for
primary PM2.5, NOX, sulfur dioxide
(SO2), volatile organic compounds (VOCs) and ammonia for the
area. EPA, therefore, grants Ohio's request to redesignate the Canton
area to attainment for the 1997 annual and 2006 24-hour
PM2.5 standards.

DATES: This rule is effective October 22, 2013.

ADDRESSES: EPA has established a docket for this action under Docket
Identification EPA-R05-OAR-2012-0564. All documents in these dockets
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the U.S.
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Carolyn Persoon at
(312) 353-8290 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for the actions?
II. What actions is EPA taking?
III. What is EPA's response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On June 26, 2012, OEPA submitted its request to redesignate the
Canton nonattainment area to attainment for the 1997 annual and 2006
24-hour PM2.5 NAAQS, and for EPA approval of the state's SIP
revision containing a maintenance plan for the area. On August 7, 2013,
(78 FR 48087), EPA proposed approval of Ohio's redesignation request
and plan for maintaining the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA also proposed approval of Ohio's MVEBs for
PM2.5 and NOX for 2015 and 2025 for the area.
Additional background for today's action is set forth in EPA's August
7, 2013, proposed rulemaking.

II. What actions is EPA taking?

    EPA has determined that the entire Canton area is attaining the
1997 annual and 2006 24-hour PM2.5 standards (78 FR 48087)
and that the Canton area has met the requirements for redesignation
under section 107(d)(3)(E) of the CAA. Thus, EPA is approving the
requests from the state of Ohio to change the legal designation of the
Canton area from nonattainment to attainment for the 1997 annual and
2006 24-hour PM2.5 NAAQS. EPA is also taking several
additional actions related to Ohio's PM2.5 redesignation
requests, as discussed below.
    EPA is approving Ohio's PM2.5 maintenance plan for the
Canton area as a revision to the Ohio SIP (such approval being one of
the CAA criteria for redesignation to attainment status). The
maintenance plan is designed to keep the Canton area in attainment of
the 1997 annual and 2006 24-hour PM2.5 NAAQS through 2025.
    EPA is also approving the 2005 and 2008 emission inventories for
primary PM2.5,\1\ NOX, SO2,\2\ VOCs,
and ammonia documented in Ohio's PM2.5 redesignation request
and supplemental submittals. These emissions inventories satisfy the
requirement in section 172(c)(3) of the CAA for a comprehensive,
current emission inventory.
---------------------------------------------------------------------------

    \1\ Fine particulates directly emitted by sources and not formed
in a secondary manner through chemical reactions or other processes
in the atmosphere.
    \2\ NOX and SO2 are precursors for fine
particulates through chemical reactions and other related processes
in the atmosphere.
---------------------------------------------------------------------------

    EPA also finds adequate and is approving Ohio's 2015 and 2025
primary PM2.5 and NOX MVEBs for the Canton area.
These MVEBs will be used in future transportation conformity analyses
for the area.

III. What is EPA's response to comments?

    EPA received one supportive comment and no adverse comments on its
proposed rulemaking. The comment has been added to the docket.

IV. Why is EPA taking these actions?

    EPA has determined that the Canton area has attained the 1997
annual and 2006 24-hour PM2.5 NAAQS. EPA has also determined
that all other criteria have been met for the redesignation of the
Canton area from nonattainment to attainment of the 1997 annual and
2006 24-hour PM2.5 NAAQS and for approval of Ohio's
maintenance plan for the area. See CAA sections 107(d)(3)(E) and 175A.
The detailed rationale for EPA's findings and actions is set forth in
the proposed rulemaking of August 7, 2013 (78 FR 48087).

V. Final Action

    EPA is determining that the Canton area has attained the standards
and that the area meets the requirements for redesignation to
attainment of that standard under sections 107(d)(3)(E) and 175A of the
CAA. Thus, EPA is granting the request from Ohio to change the legal
designation of the Canton area from nonattainment to attainment for the
1997 annual and 2006 24-hour PM2.5 NAAQS. EPA is also
approving Ohio's 1997 annual and 2006 24-hour PM2.5
maintenance plan for the Canton area as a revision to the SIP because
the plan meets the requirements of section 175A of the CAA. EPA is
approving the 2005 and 2008 emissions inventories for primary
PM2.5, NOX, SO2, VOCs, and ammonia
documented in Ohio's June 26, 2012, and May 31, 2013, submittals as
satisfying the requirement in section 172(c)(3) of the CAA for a
comprehensive, current emission inventory. Finally, EPA finds adequate
and is approving Ohio's 2015 and 2025 primary PM2.5 and
NOX MVEBs for the Canton area. These MVEBs will be used in
future transportation conformity analyses for the area after the
effective date for the adequacy finding and approval.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. This
is because a delayed effective date is unnecessary due to the nature of
a redesignation to attainment, which relieves the area from certain CAA
requirements that would otherwise apply to it. The immediate effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rulemaking actions may become effective less than 30 days
after publication if the rule grants or recognizes an exemption or
relieves a restriction, and section 553(d)(3), which allows an
effective date less than 30 days after publication as otherwise
provided by the agency for good cause found and published with the
rule. The purpose of the 30-day waiting period prescribed in section
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's rule relieves Ohio of various requirements for
the Canton area. For these reasons, EPA finds good cause under 5 U.S.C.
553(d)(3) for this action to become effective on the date of
publication of this action.

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For these reasons, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office

of Management and Budget under Executive Order 12866 (58 FR 51735,
October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not significant regulatory action subject to Executive
Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this final rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the Commonwealth, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 23, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: September 19, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. Section 52.1880 is amended by adding paragraphs (p)(8), (q)(8),
(s)(3), and (t)(3) to read as follows:

Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (p) * * *
    (8) The Canton-Massillon nonattainment area (Stark County). The
maintenance plan establishes motor vehicle emissions budgets for the
Canton-Massillon area of 204.33 tpy for primary PM2.5 and
7,782.84 tpy for NOX for 2015, and 101.50 tpy for primary
PM2.5 and 4,673.83 tpy for NOX for 2025.
    (q) * * *
    (8) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Canton-Massillon area.
* * * * *
    (s) * * *
    (3) The Canton-Massillon nonattainment area (Stark County). The
maintenance plan establishes motor vehicle emissions budgets for the
Canton-Massillon area of 204.33 tpy for primary PM2.5 and
7,782.84 tpy for NOX for 2015, and 101.50 tpy for primary
PM2.5 and 4,673.83 tpy for NOX for 2025.
    (t) * * *
    (3) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Canton-Massillon area.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
4. Section 81.336 is amended by revising the entry for Canton-
Massillon, OH in the tables entitled ``Ohio--PM2.5 (Annual
NAAQS)'' and ``Ohio--PM2.5 (24-Hour NAAQS)'' to read as
follows:

Sec.  81.336  Ohio.

* * * * *

                               Ohio--PM2.5
                             [Annual NAAQS]
------------------------------------------------------------------------
                                              Designation \a\
         Designated area          --------------------------------------
                                       Date \1\             Type
------------------------------------------------------------------------

                              * * * * * * *
Canton-Massillon, OH:
------------------------------------------------------------------------

    Stark County.................        10/22/13   Attainment.

                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *

                                                   Ohio--PM2.5
                                                 [24-Hour NAAQS]
----------------------------------------------------------------------------------------------------------------
                                     Designation for the 1997 NAAQS \a\     Designation for the 2006 NAAQS \a\
         Designated area          ------------------------------------------------------------------------------
                                       Date \1\             Type              Date \2\              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Canton-Massillon, OH:
    Stark County.................  ...............  Unclassifiable/             10/22/13   Attainment.
                                                     Attainment.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.

[FR Doc. 2013-24282 Filed 10-21-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Rules and Regulations]
[Pages 56206-56207]
[FR Doc No: 2021-22040]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2021-0780]
RIN 1625-AA08

Safety Zone; Lake Tahoe Dive Operations, Lake Tahoe, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Coast Guard is establishing a safety zone, within
Lake Tahoe in Lake Tahoe, CA, in support of Navy Special Warfare Group
(NSWG-1) dive operations. This safety zone is necessary to provide for
the safety of the divers while performing dive operations and to
protect personnel, vessels, and the marine environment from potential
hazards created by the NSWG-1 on-water training and associated
operations. The regulation restricts vessel traffic movement and
protects divers from the hazards associated with the operation and
vessel traffic. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector San Francisco.

DATES: This rule is effective without actual notice from October 8,
2021, through 11:59 p.m. on October 14, 2021. For the purposes of
enforcement, actual notice will be used from 12:01 a.m. October 5,
2021, until October 8, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0780 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Anthony I. Solares, U.S. Coast Guard District
11, Sector San Francisco, at<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
COTP Captain of the Port
PATCOM Patrol Commander
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this regulation by October 5, 2021, and lack sufficient time
to provide a reasonable comment period and then consider those comments
before issuing this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to ensure the safety of divers and to protect personnel,
vessels, and the marine environment from potential hazards created by
the NSWG-1 dive operations starting October 5, 2021.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco has determined that potential hazards associated with dive
operations will exist between October 5, 2021, and October 14, 2021.
There will be a safety concern for anyone within a 100-yard radius of
dive operations. For this reason, the rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
surrounding the dive operations.

IV. Discussion of the Rule

    This rule establishes a safety zone in the navigable waters around
the dive operations occurring in Lake Tahoe, CA. The safety zone will
be in effect between October 5, 2021, and October 14, 2021, while NSWG-
1 is conducting on-water dive operations and associated activities. The
safety zone will cover all navigable waters of Lake Tahoe, from surface
to bottom, within a circle formed by connecting all points 100 yards
out from the location of the dive operations at approximate position
39[deg]9'52.8'' N, 120[deg]7'49.4'' W to approximate position
39[deg]10'50.9'' N, 120[deg]5'37.4'' W or as announced via Broadcast
Notice to Mariners. The duration of the zone is intended to protect
divers, personnel, vessels, and the marine environment in the navigable
waters surrounding the dive operations while dive operations are being
conducted. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits.
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the water encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterway users will be notified to ensure the safety zone
will result in minimum impact. The vessels desiring to transit through
or around the safety zone may do so upon express permission from the
COTP or the COTP's designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 will 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 rule has implications for federalism or Indian tribes,
please contact 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. 1531-1538)
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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, 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. 4321-4370f), 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 in the navigable waters that will only extend
100-yards out from active NSWG-1 dive operations and associated
activities occurring in Lake Tahoe, CA. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A 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 contact 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:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T11-071 to read as follows:

Sec.  165.T11-071   Safety Zone; Lake Tahoe Dive Operations, Lake
Tahoe, CA.

    (a) Location. The following area is a safety zone: All navigable
waters of Lake Tahoe, from surface to bottom, within the area formed by
connecting all points 100 yards out from the location of the dive
operation at approximate position 39[deg]9'52.8'' N, 120[deg]7'49.4'' W
to approximate position 39[deg]10'50.9'' N, 120[deg]5'37.4'' W or as
announced via Broadcast Notice to Mariners.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francisco (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
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zone on VHF-23A or through the 24-hour Command Center at
telephone<PHONE_NUMBER>.
    (d) Enforcement period. This section will be enforced from October
5, 2021, at 12:01 a.m. until October 14, 2021, at 11:59 p.m., or as
announced via marine information broadcast.
    (e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced in accordance with Sec.  165.7.

    Dated: October 4, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-22040 Filed 10-7-21; 8:45 am]
BILLING CODE 9110-04-P