[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Rules and Regulations]
[Pages 22017-22019]
[FR Doc No: 2011-9613]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 110106012-1013-01]
RIN 0694-AF04

Implementation of the Understandings Reached at the 2010
Australia Group (AG) Plenary Meeting and Other AG-Related
Clarifications and Corrections to the EAR

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) publishes this final
rule to amend the Export Administration Regulations (EAR) to implement
the understandings reached at the June 2010 plenary meeting of the
Australia Group (AG) and to make certain AG-related editorial
clarifications and corrections to the EAR. Consistent with the June
2010 AG understandings, this rule amends the chemical manufacturing
equipment entry on the Commerce Control List (CCL) of the EAR to
reflect the addition of two parenthetical phrases that clarify the
description of certain ``materials'' contained in items on the AG
``Control List of Dual-Use Chemical Manufacturing Facilities and
Equipment and Related Technology and Software.'' In addition, this rule
makes AG-related clarifications and corrections to the EAR.
Specifically, this rule amends the human and zoonotic pathogens and
toxins entry and the animal pathogens entry on the CCL by making an
update and a clarification that are consistent with the description of
items on the AG ``List of Biological Agents for Export Control'' and
the AG ``List of Animal Pathogens for Export Control,'' respectively.
Finally, this rule amends the listing for ``valves'' in the chemical
manufacturing equipment entry on the CCL to clarify that it controls
``valves'' for the ``production'' of chemicals, as well as ``valves''
for the ``processing'' or ``containment'' of chemicals. The purpose of
this rule is to ensure that the AG-related entries on the CCL conform
with the wording in the AG Control Lists (as updated by the
understandings reached at the 2010 AG Plenary) and to clarify the
meaning of terms used in these entries.

DATES: This rule is effective April 20, 2011.

ADDRESSES: Send comments regarding this collection of information,
including suggestions for reducing the burden, to Jasmeet Seehra,
Office of Management and Budget (OMB), by e-mail to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230. Comments on this collection of information should
be submitted separately from comments on the final rule (i.e., RIN
0694-AF04)--all comments on the latter should be submitted by one of
the three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Elizabeth Sangine, Director, Chemical
and Biological Controls Division, Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and Security, Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    The Bureau of Industry and Security (BIS) is amending the Export
Administration Regulations (EAR) to implement the understandings
reached at the annual plenary meeting of the Australia Group (AG) that
was held in Paris, France, from May 31 through June 4, 2010. The AG is
a multilateral forum consisting of 40 participating countries that
maintain export controls on a list of chemicals, biological agents, and
related equipment and technology that could be used in a chemical or
biological weapons program. The AG periodically reviews items on its
control list to enhance the effectiveness of participating governments'
national controls and to achieve greater harmonization among these
controls.
    Consistent with the understandings reached at the 2010 AG Plenary,
this final rule amends Export Control Classification Number (ECCN)
2B350 (Chemical manufacturing facilities and equipment) on the Commerce
Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) to reflect
the addition of two parenthetical phrases that describe types of
``materials'' contained in items on the AG ``Control List of Dual-Use
Chemical Manufacturing Facilities and Equipment and Related Technology
and Software.'' Specifically, this rule adds a parenthetical phrase to
ECCN 2B350.a .3, .b.3, .c.3, .d.3, .e.3, .g.3, .h.3., and .i.3 to
clarify the meaning

of the term ``fluoropolymers'' in connection with the types of
``materials'' from which certain chemical manufacturing equipment is
made. This parenthetical phrase describes ``fluoropolymers'' as
``polymeric or elastomeric materials with more than 35% fluorine by
weight.'' This rule also adds a parenthetical phrase in ECCN 2B350.i.11
(under the listing for ``pumps'') to clarify that the ``material''
``ferrosilicon'' refers to ``high silicon iron alloys.''
    In addition to the AG Plenary changes described above, this rule
amends ECCN 1C351 (human and zoonotic pathogens and ``toxins'') and
ECCN 1C352 (animal pathogens) on the CCL by updating ECCN 1C351 and
clarifying ECCN 1C352 consistent with the controls described in the AG
``List of Biological Agents for Export Control'' and the AG ``List of
Animal Pathogens for Export Control,'' respectively. Specifically, this
rule revises the listing for ``Chlamydia psittaci'' in ECCN 1C351.c.7
by updating the name of the bacterium to read ``Chlamydophilapsittaci
(formerly known as Chlamydia psittaci).'' This rule also revises the
listing for the ``Lyssa virus'' in ECCN 1C352.a.8 by adding a
parenthetical phrase to indicate that the virus is also known as
``Rabies.''
    This rule also makes two clarifications to ECCN 2B350, consistent
with the controls described in the AG ``Control List of Dual-Use
Chemical Manufacturing Facilities and Equipment and Related Technology
and Software.'' First, this rule amends the introductory text of ECCN
2B350.g (``valves'') to clarify that the ECCN controls valves specified
therein that are used in the ``production'' of chemicals, as well as
valves that are used in the ``processing'' or ``containment'' of
chemicals. Second, this rule revises the description of the material
``Glass or glasslined (including vitrified or enameled coatings)'' in
ECCN 2B350.g.4 to read ``Glass (including vitrified or enameled coating
or glass lining)'' to clarify the extent to which valves containing
this type of material are controlled under this ECCN.
    None of the changes made by this rule alters the scope of the
controls in ECCNs 1C351, 1C352, or 2B350.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 12,
2010, 75 FR 50681 (August 16, 2010), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
contains a collection of information subject to the requirements of the
PRA. This collection has been approved by OMB under Control Number
0694-0088 (Multi-Purpose Application), which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and
to the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, as indicated in the ADDRESSES section of this
rule.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (See 5 U.S.C. 553(a)(1)). Immediate
implementation of these amendments is non-discretionary and fulfills
the United States' international obligation to the Australia Group
(AG). The AG contributes to international security and regional
stability through the harmonization of export controls and seeks to
ensure that exports do not contribute to the development of chemical
and biological weapons. The AG consists of 40 member countries that act
on a consensus basis and the amendments set forth in this rule
implement agreements reached at the June 2010 plenary session of the AG
and other changes that are necessary to ensure consistency with the
controls maintained by the AG. Since the United States is a significant
exporter of the items in this rule, implementation of this provision is
necessary for the AG to achieve its purpose. Any delay in
implementation will create a disruption in the movement of affected
items globally because of disharmony between export control measures
implemented by AG members, resulting in tension between member
countries. Export controls work best when all countries implement the
same export controls in a timely and coordinated manner.
    Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable.Therefore, this regulation is issued in final form.

List of Subjects in 15 CFR Part 774

    Exports, Foreign trade, Reporting and recordkeeping requirements.

    Accordingly, part 774 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 774--[AMENDED]

0
1. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010).

Supplement No. 1 to Part 774--[Amended]

    2. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,

``Microorganisms'' & ``Toxins,'' ECCN 1C351 is amended by removing the
name ``Chlamydia psittaci'', where it appears in paragraph c.7 of the
``Items'' paragraph in the List of Items Controlled section, and adding
in its place the name ``Chlamydophilapsittaci (formerly known as
Chlamydia psittaci)''.
    3. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' & ``Toxins,'' ECCN 1C352 is amended by removing the
name ``Lyssa virus'', where it appears in paragraph a.8 of the
``Items'' paragraph in the List of Items Controlled section, and adding
in its place the name ``Lyssa virus (a.k.a. Rabies)''.
    4. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B350 is amended under the
``Items'' paragraph in the List of Items Controlled section:
    a. By adding the parenthetical phrase ``(polymeric or elastomeric
materials with more than 35% fluorine by weight)'' immediately
following the word ``Fluoropolymers'', where it appears in paragraphs
a.3, b.3, c.3, d.3, e.3, g.3, h.3, and i.3;
    b. By removing the phrase ``chemical(s) being processed or
contained'', where it appears in the introductory text to paragraph g,
and adding in its place the phrase ``chemical(s) being produced,
processed, or contained'';
    c. By removing the phrase ``Glass or glasslined (including
vitrified or enameled coatings);'', where it appears in paragraph g.4,
and adding in its place the phrase ``Glass (including vitrified or
enameled coating or glass lining)''; and
    d. By adding the parenthetical phrase ``(high silicon iron
alloys)'' immediately following the word ``Ferrosilicon'', where it
appears in paragraph i.11.

    Dated: April 12, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-9613 Filed 4-19-11; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Notices]
[Page 6639]
[FR Doc No: 2021-01350]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Number: PR21-15-000.
    Applicants: Columbia Gas of Maryland, Inc.
    Description: Tariff filing per 284.123(b),(e)/: CMD Rates effective
Dec 11 2020 to be effective 12/11/2020 under PR21-15.
    Filed Date: 1/11/2021.
    Accession Number:<PHONE_NUMBER>73.
    Comments/Protests Due: 5 p.m. ET 2/1/2021.

    Docket Numbers: RP21-380-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--CNX Gas to
Direct Energy 961387 to be effective 1/14/2021.
    Filed Date: 1/13/21.
    Accession Number: 20210113-5032.
    Comments Due: 5 p.m. ET 1/25/21.

    Docket Numbers: RP21-381-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Abandonment of X-23 in Volume
No.2 to be effective 2/12/2021.
    Filed Date: 1/13/21.
    Accession Number: 20210113-5060.
    Comments Due: 5 p.m. ET 1/25/21.

    Docket Numbers: RP21-382-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Yankee Gas
510802 Release eff 1-14-2021 to be effective 1/14/2021.
    Filed Date: 1/13/21.
    Accession Number: 20210113-5131.
    Comments Due: 5 p.m. ET 1/25/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 14, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-01350 Filed 1-21-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Rules and Regulations]
[Pages 25949-25951]
[FR Doc No: 2021-10085]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Rules
and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0313]
RIN 1625-AA00

Safety Zone; Pierce County Ferry Steilacoom II, Puget Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
for navigable waters within a 1,000-yard radius around the Pierce
County ferry Steilacoom II. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the on-the-water military exercise. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Puget Sound or a designated
representative.

DATES: This rule is effective from 8:30 a.m. through 2:30 p.m. on May
13, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0313 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 on this rule,
call or email Chief Warrant Officer William Martinez, Sector Puget
Sound Waterways Management Division, U.S. Coast Guard; telephone 206-
217-6051, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
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. The Coast Guard
was notified of the military exercise on April 7, 2021, and due to the
evolving dynamic nature of the on-the-water exercise it was determined
on May 4, 2021, that immediate action is needed to respond to the
potential safety hazards associated with the exercise. The COTP
determined this regulation is necessary to ensure the safety of the
public. The Coast Guard lacks sufficient time to provide a reasonable
comment period and then consider those comments before issuing the
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 the public interest because this
regulation is needed on May 13, 2021, less than 30 days after the Coast
Guard received final details of the exercise, in order to ensure safety
of the public, mariners, and exercise participants.

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 Puget
Sector Sound (COTP) has determined that potential hazards associated
with the on-the-water military exercise on May 13, 2021, will be a
safety concern for anyone within a 1,000-yard radius of the Pierce
County ferry Steilacoom II and the exercise participants. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the moving safety zone.

IV. Discussion of the Rule

    This rule establishes a moving safety zone from 8:30 a.m. until
2:30 p.m. on May 13, 2021. The moving safety zone will cover all
navigable waters within 1,000 yards of Pierce County ferry Steilacoom
II. Part of this exercise includes the use of high speed Coast Guard
and law enforcement vessel maneuvers and the use of blank fire
ammunition. The duration of the zone is intended to protect mariners
from the hazards associated with military training operations. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. As
used in this section, a 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 Puget
Sound (COTP) in the enforcement of the safety zone.

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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on size, location,
and duration of the safety zone. Vessel traffic will be able to safely
transit around this safety zone which would impact a small designated
area of the Puget sound for a 6 hour period. The Coast Guard will

transmit a Safety Marine Information Broadcast to mariners via VHF-FM
marine channel 16 regarding the safety zone enforcement and publish in
the Local Notice to Mariners information about details of the safety
zone. In addition, the rule allows mariners to seek permission to enter
the zone. To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by 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
call or email 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 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. 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
moving safety zone lasting only 6 hours that will prohibit entry within
1,000 yards of Pierce County ferry Steilacoom II. It is categorically
excluded from further review under paragraph L60 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1.

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:

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. 0170.1.

0
2. Add Sec.  165.T13-0313 to read as follows:

Sec.  165.T13-0313  Safety Zone; Pierce County Ferry Steilacoom II,
Puget Sound, WA.

    (a) Location. The following area is a moving safety zone: All
navigable waters within a 1,000-yard radius around the Pierce County
ferry Steilacoom II.
    (b) Definitions. As used in this section, a 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 Sector Puget Sound (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) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 8:30
a.m. to 2:30 p.m. on May 13, 2021.

    Dated: May 5, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2021-10085 Filed 5-11-21; 8:45 am]
BILLING CODE 9110-04-P