Safety Zone; Tennessee River, Muscle Shoals, AL, 41370-41372 [2020-14759]
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41370
Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.501T05–0143 to read as
follows:
■
jbell on DSKJLSW7X2PROD with RULES
§ 100.501T05–0143 Washington, DC
Sharkfest Swim, Upper Potomac River,
National Harbor, MD.
(a) Regulated area. The regulations in
this section apply to the following area:
All navigable waters of the Upper
Potomac River, within an area bounded
by a line connecting the following
points: From the Rosilie Island
shoreline at latitude 38°47′30.30″ N,
longitude 077°01′26.70″ W, thence west
to latitude 38°47′30.00″ N, longitude
077°01′37.30″ W, thence south to
latitude 38°47′08.20″ N, longitude
077°01′37.30″ W, thence east to latitude
38°47′09.00″ N, longitude 077°01′09.20″
W, thence southeast along the pier to
latitude 38°47′06.30″ N, longitude
077°01′02.50″ W, thence north along the
shoreline and west along the southern
extent of the Woodrow Wilson (I–95/I–
495) Memorial Bridge and south and
west along the shoreline to the point of
origin, located at National Harbor, MD.
These coordinates are based on datum
NAD 1983.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) MarylandNational Capital Region means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the COTP to act on his behalf.
Coast Guard Patrol Commander
(PATCOM) means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Maryland-National Capital Region.
Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
Capital Region with a commissioned,
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16:12 Jul 09, 2020
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warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participant means all persons and
vessels registered with the event
sponsor as participating in the
Washington DC Sharkfest Swim event or
otherwise designated by the event
sponsor as having a function tied to the
event.
(c) Regulations. (1) Except for vessels
already at berth, all non-participants are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area described in
paragraph (a) of this section unless
authorized by the COTP MarylandNational Capital Region or PATCOM.
(2) To seek permission to enter,
contact the COTP Maryland-National
Capital Region at telephone number
410–576–2693 or on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz) or the PATCOM on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz). Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP
Maryland-National Capital Region or
PATCOM.
(3) The COTP Maryland-National
Capital Region will provide notice of the
regulated area through advanced notice
via Fifth Coast Guard District Local
Notice to Mariners, broadcast notice to
mariners, and on-scene official patrols.
(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
regulated area by other Federal, State,
and local agencies.
(e) Enforcement period. This section
will be enforced from 7 a.m. to 11 a.m.
on September 27, 2020.
Dated: June 29, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
Week Maritime Festival on waters
adjacent to Pier 66 in Elliott Bay,
Seattle, WA in July and August 2020.
The Captain of the Port Sector Puget
Sound has determined that since the
event is cancelled, enforcement of this
regulation is not necessary.
DATES: The Coast Guard does not plan
to enforce regulations in 33 CFR
165.1330 in July and August 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of non-enforcement, call or
email CWO2 William E. Martinez,
Sector Puget Sound Waterways
Management Division, U.S. Coast
Guard; telephone 206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard normally enforces the safety zone
in 33 CFR 165.1330 for the Fleet Week
Maritime Festival on waters adjacent to
Pier 66 in Elliott Bay, Seattle, WA. This
event is held annually during the parade
of ships on the last week of July or first
week of August. This year, the event
organizers cancelled Fleet Week.
Therefore, the Coast Guard does not
plan to enforce 33 CFR 165.1330, for
July and August 2020.
In addition to this notification of nonenforcement in the Federal Register, if
the situation changes and the Captain of
the Port Sector Puget Sound (COTP)
determines that the regulated area needs
to be enforced, the COTP will issue a
Broadcast Notice to Mariners and
provide actual notice of enforcement to
any persons in the regulated area.
Dated: June 23, 2020.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
[FR Doc. 2020–13981 Filed 7–9–20; 8:45 am]
BILLING CODE 9110–04–P
[FR Doc. 2020–14406 Filed 7–9–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Coast Guard
[Docket Number USCG–2020–0359]
33 CFR Part 165
RIN 1625–AA00
[Docket No. USCG–2020–0356]
Safety Zone; Fleet Week Maritime
Festival, Pier 66, Elliott Bay, Seattle,
Washington
Coast Guard, DHS.
Notification of non-enforcement
of regulation.
AGENCY:
ACTION:
The Coast Guard will not
enforce the safety zone for the Fleet
SUMMARY:
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Safety Zone; Tennessee River, Muscle
Shoals, AL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Tennessee River from Mile Marker
(MM) 407 to MM 409, on July 13, 2020
in conjunction with the operations
SUMMARY:
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
being conducted at the TVA Widows
Creek Fossil Plant. This safety zone is
needed to protect the public, vessels,
and waterfront facilities from
destruction, loss, or injury from
sabotage or other subversive acts,
accidents, or other causes of a similar
nature from the hazards associated with
demolition operations at the TVA
Widows Creek Fossil Plant. Entry of
vessels or persons into this safety zone
is prohibited unless specifically
authorized by the Captain of the Port
(COTP) Sector Ohio Valley or a
designated representative.
DATES: This rule is effective from 7 a.m.
through noon on July 13, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0359 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 Petty Officer Second Class Paul
Sanders, Marine Safety Detachment
Nashville U.S. Coast Guard; telephone
615–736–5421, email Paul.M.Sanders@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
jbell on DSKJLSW7X2PROD with RULES
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 there
is a vital need to ensure the closure of
the river due to the hazards associated
with the explosive operations at the
TVA Widows Creek Fossil Plant. A
safety zone on the Tennessee River from
MM 407 to MM 409 is necessary to
provide appropriate protection to the
public during the explosive operations.
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16:12 Jul 09, 2020
Jkt 250001
It is impracticable to publish an NPRM
because we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before the temporary safety zone needs
to be established by July 13, 2020.
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. the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because there
is a vital need to ensure the closure of
the river due to the hazards associated
with the explosive operations at the
TVA Widows Creek Fossil Plant. A
safety zone on the Tennessee River from
MM 407 to MM 409 is necessary to
provide appropriate protection to the
public during the explosive operations.
It is impracticable to publish an NPRM
because we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before the temporary safety zone needs
to be established by July 13, 2020.
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 Sector Ohio Valley
(COTP) has determined that potential
hazards associated with the demolition
operations at the TVA Widows Creek
Fossil Plant on July 13, 2020, will be a
safety concern for anyone within the 2
mile segment of river. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
before, during, and after the demolition
operations.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7 a.m. until noon on July 13, 2020.
The safety zone will cover all navigable
waters of Tennessee River from MM 407
to MM 409. The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters before, during, and
after the demolition operations. 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.
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41371
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. 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), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the regulated area.
This rule is limited to the Tennessee
River from MM 407 to MM 409 on July
13, 2020, and will be enforced only
during the times specified. Moreover,
the Coast Guard will issue Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the regulated area and
the rule allows vessels to seek
permission to enter the area.
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
E:\FR\FM\10JYR1.SGM
10JYR1
41372
Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
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).
jbell on DSKJLSW7X2PROD with RULES
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
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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 safety
zone lasting only 5 hours for a two mile
segment of the Tennessee River. 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 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
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.
2. Add § 165.T08–0359 to read as
follows:
■
§ 165.T08–0359 Safety Zone; Tennessee
River, Muscle Shoals, AL.
(a) Location. The following area is a
safety zone: The entire width of the
Tennessee River from mile marker (MM)
407 to MM 409.
(b) 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
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Frm 00052
Fmt 4700
Sfmt 4700
representative by VHF–FM radio
channel 16 or phone at 1–800–253–
7465. 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.
(c) Enforcement period. This section
will be enforced from 7 a.m. to noon on
July 13, 2020.
Dated: June 30, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2020–14759 Filed 7–9–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 263
RIN 1810–AB54
[Docket ID ED–2019–OESE–0068]
Indian Education Discretionary Grant
Programs; Professional Development
Program
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Final regulations.
AGENCY:
The Secretary amends the
regulations that govern the Professional
Development (PD) program, authorized
under title VI of the Elementary and
Secondary Education Act of 1965, as
amended (ESEA), to implement changes
to title VI resulting from the enactment
of the Every Student Succeeds Act
(ESSA). These final regulations update,
clarify, and improve the current
regulations. These regulations pertain to
Catalog of Federal Domestic Assistance
(CFDA) number 84.299B.
DATES: These regulations are effective
August 10, 2020.
FOR FURTHER INFORMATION CONTACT:
Angela Hernandez-Marshall, U.S.
Department of Education, 400 Maryland
Avenue SW, Washington, DC 20202.
Telephone: 202–205–1909. Email:
Angela.Hernandez-Marshall@ed.gov.
SUPPLEMENTARY INFORMATION: These
regulations implement statutory changes
made to the PD program in section 6122
of the ESEA (20 U.S.C. 7442) by the
ESSA and make other changes to better
enable the Department and grantees to
meet the objectives of the program.
We published a notice of proposed
rulemaking for this program (NPRM) in
the Federal Register on October 11,
2019 (84 FR 54806).
Publication of the control number
notifies the public that the Office of
Management and Budget (OMB) has
SUMMARY:
E:\FR\FM\10JYR1.SGM
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Agencies
[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41370-41372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14759]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0359]
RIN 1625-AA00
Safety Zone; Tennessee River, Muscle Shoals, AL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Tennessee River from Mile Marker (MM) 407 to MM 409, on July 13, 2020
in conjunction with the operations
[[Page 41371]]
being conducted at the TVA Widows Creek Fossil Plant. This safety zone
is needed to protect the public, vessels, and waterfront facilities
from destruction, loss, or injury from sabotage or other subversive
acts, accidents, or other causes of a similar nature from the hazards
associated with demolition operations at the TVA Widows Creek Fossil
Plant. Entry of vessels or persons into this safety zone is prohibited
unless specifically authorized by the Captain of the Port (COTP) Sector
Ohio Valley or a designated representative.
DATES: This rule is effective from 7 a.m. through noon on July 13,
2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0359 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 Petty Officer Second Class Paul Sanders, Marine Safety
Detachment Nashville U.S. Coast Guard; telephone 615-736-5421, email
[email protected].
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
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 there is a vital need to ensure the
closure of the river due to the hazards associated with the explosive
operations at the TVA Widows Creek Fossil Plant. A safety zone on the
Tennessee River from MM 407 to MM 409 is necessary to provide
appropriate protection to the public during the explosive operations.
It is impracticable to publish an NPRM because we lack sufficient time
to provide a reasonable comment period and then consider those comments
before the temporary safety zone needs to be established by July 13,
2020.
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. the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because there is a vital need to ensure the
closure of the river due to the hazards associated with the explosive
operations at the TVA Widows Creek Fossil Plant. A safety zone on the
Tennessee River from MM 407 to MM 409 is necessary to provide
appropriate protection to the public during the explosive operations.
It is impracticable to publish an NPRM because we lack sufficient time
to provide a reasonable comment period and then consider those comments
before the temporary safety zone needs to be established by July 13,
2020.
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 Sector Ohio
Valley (COTP) has determined that potential hazards associated with the
demolition operations at the TVA Widows Creek Fossil Plant on July 13,
2020, will be a safety concern for anyone within the 2 mile segment of
river. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone
before, during, and after the demolition operations.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. until noon on July
13, 2020. The safety zone will cover all navigable waters of Tennessee
River from MM 407 to MM 409. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters before, during, and after the demolition operations.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. This rule is
limited to the Tennessee River from MM 407 to MM 409 on July 13, 2020,
and will be enforced only during the times specified. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the regulated area and the rule allows vessels to seek
permission to enter the area.
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
[[Page 41372]]
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
safety zone lasting only 5 hours for a two mile segment of the
Tennessee River. 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 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.T08-0359 to read as follows:
Sec. 165.T08-0359 Safety Zone; Tennessee River, Muscle Shoals, AL.
(a) Location. The following area is a safety zone: The entire width
of the Tennessee River from mile marker (MM) 407 to MM 409.
(b) 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-FM radio channel 16 or phone at 1-800-253-7465.
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.
(c) Enforcement period. This section will be enforced from 7 a.m.
to noon on July 13, 2020.
Dated: June 30, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2020-14759 Filed 7-9-20; 8:45 am]
BILLING CODE 9110-04-P