Safety Zone, Object Removal; Delaware River and Bay, Philadelphia, PA, 42303-42305 [2020-13507]
Download as PDF
Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Rules and Regulations
in this rulemaking. Reports from the
consultative sessions will be made part
of the USDA annual reporting on Tribal
Consultation and Collaboration. USDA
is unaware of any current Tribal laws
that could be in conflict with this rule.
FNS consulted with ITO
representatives late 2019 and early 2020
to assess their opinions on comments
requesting a change in obtaining a
signature from Tribal council in order to
submit a waiver for substantial burden.
This rulemaking is in direct response to
concerns Tribal leaders shared during
consultation with requiring a signature
from Tribal council. We are unaware of
any current Tribal laws that could be in
conflict with the final rule.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. Chap. 35; 5 CFR part 1320)
requires the Office of Management and
Budget (OMB) approve all collections of
information by a Federal agency before
they can be implemented. Respondents
are not required to respond to any
collection of information unless it
displays a current valid OMB control
number. This rule does not contain
information collection requirements
subject to approval by the Office of
Management and Budget under the
Paperwork Reduction Act of 1994.
E-Government Act Compliance
The Department is committed to
complying with the E-Government Act,
to promote the use of the internet and
other information technologies to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes.
List of Subjects in 7 CFR Part 253
Administrative practice and
procedure, Food assistance programs,
Grant programs, Social programs,
Indians, Surplus agricultural
commodities.
Accordingly, 7 CFR part 253 is
amended as follows:
PART 253—ADMINISTRATION OF THE
FOOD DISTRIBUTION PROGRAM FOR
HOUSEHOLDS ON INDIAN
RESERVATIONS
1. The authority citation for 7 CFR
part 253 continues to read as follows:
■
2. In § 253.11:
a. Revise paragraph (c)(2)(ii);
b. Revise paragraph (i)(1) introductory
text; and
■ c. Revise paragraph (i)(2).
The revisions read as follows:
VerDate Sep<11>2014
16:18 Jul 13, 2020
Jkt 250001
Administrative funds.
*
*
*
*
*
(c) * * *
(2) * * *
(ii) For a waiver based on substantial
burden, a signed letter from the
leadership of the State agency or, in the
case of an Indian Tribal Organization,
from the leadership of the Tribal agency
that oversees the Food Distribution
Program, describing why meeting the 20
percent matching requirement would
impose a substantial burden on the State
agency, and why additional
administrative funds are necessary for
the effective operation of the program,
along with supporting documentation,
as needed.
*
*
*
*
*
(i) * * *
(1) FNS may require State agencies to
return, during the period of performance
of their administrative grant and after
receipt of administrative funds, any or
all unobligated funds received under
this section, and may reduce the amount
it has apportioned or agreed to pay to
any State agency if FNS determines that:
* * *
(2) The State agency shall return to
FNS, within ninety (90) days following
the close of the period of performance
of each administrative grant, any funds
received under this section which are
unobligated at that time.
Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2020–15047 Filed 7–13–20; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0344]
RIN 1625–AA00
Safety Zone, Object Removal;
Delaware River and Bay, Philadelphia,
PA
Coast Guard, DHS.
Interim final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Delaware River and
Bay within 250 yards of the bucket
dredge KOKO VI, towing vessel
GEORGETOWN, the deck barge BC 45,
and all associated equipment while
object removal, dredging, and diving
operations are taking place. This safety
zone is needed to protect personnel,
SUMMARY:
Authority: 91 Stat. 958 (7 U.S.C. 2011–
2036).
■
■
■
§ 253.11
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42303
vessels, and the marine environment
from hazards created by the
aforementioned operations. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Delaware Bay (COTP) or his designated
representitives.
DATES: This rule is effective without
actual notice from July 14, 2020 through
October 15, 2020. For the purposes of
enforcement, actual notice will be used
from June 18, 2020, through July 14,
2020.
Comments and related material must
be received by the Coast Guard on or
before August 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–
0344 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 Edmund Ofalt,
Waterways Management Branch, U.S.
Coast Guard Sector Delaware Bay;
telephone (215) 271–4889, email
Edmund.J.Ofalt@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
II. Background Information and
Regulatory History
The Coast Guard is issuing this
interim final 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 and contrary to the public
interest. There is insufficient time to
allow for a reasonable comment period
prior to the starte date for object
removal, dredging and diving
operations. The rule needs to be issued
and enforceable with actual notice by
June 18, 2020, to serve its purpose of
ensuring the safety of the general public
E:\FR\FM\14JYR1.SGM
14JYR1
42304
Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Rules and Regulations
from hazards associated with these
operations.
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 impracticable and
contrary to the public interest because
immediate action is needed to mitigate
the potential safety hazards associated
with object removal, dredging and
diving operations within 250 yards of
the bucket dredge KOKO VI, towing
vessel GEORGETOWN, barge BC 45, and
all associated equipment.
We are soliciting comments on this
rulemaking. If the Coast Guard
determines that changes to the rule are
necessary we will publish a temporary
final rule or other appropriate
document.
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 COTP
has determined that there are potential
hazards associated with the object
removal, dredging and diving
operations. The purpose of this
rulemaking is to ensure the safety of
personnel, vessels, and the marine
environment within a 250-yard radius of
these operations.
IV. Discussion of the Rule
16:18 Jul 13, 2020
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, and
duration of the safety zone. The safety
zone will be enforced in a manner that
does not conflict with transiting
commercial and recreational traffic.
Vessels may transit through or around
the safety zone if satisfactory passing
arrangements can be agreed upon.
B. Impact on Small Entities
This rule establishes a safety zone
from June 18, 2020, through October 15,
2020. The safety zone is necessary to
facilitate the main channel deepening of
the Delaware River and Bay. Object
removal operations will most likely be
conducted with the dredge KOKO VI,
towing vessel GEORGETOWN, and deck
barge BC 45, though other dredges or
vessels may be used, along with
associated equipment. Due to the
hazards related to these operations a
safety zone is being established for all
navigable waters within 250 yards of the
vessels conducting these operations.
Entry into, transiting or anchoring
within the safety zone is prohibited
unless the vessel obtains permission
from the COTP or makes satisfactory
passing arrangements with the operating
dredge per this rule and the Rules of the
Road (33 CFR subchapter E). Though the
dredge KOKO VI, towing vessel
GEORGETOWN, and deck barge BC 45
are the primary vessels to be used in
these operations, the COTP may update
the information and the vessels being
utilized with these operations via
Marine Safety Information Bulletin and
Broadcast Notice to Mariners.
VerDate Sep<11>2014
V. Regulatory Analyses
Jkt 250001
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
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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,
E:\FR\FM\14JYR1.SGM
14JYR1
Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Rules and Regulations
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 to protect waterway users that
would prohibit entry within 250 yards
of object removal, dredging and diving
operations within and around the main
navigational channel. Vessels may
request permission to enter or transit
through the safety zone. It is
categorically excluded from further
review under paragraph L[60a] 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.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help us amend this
regulation so that it provides a better
solution to the problem we seek to
address. We may issue a temporary final
rule or other appropriate document in
response to your comments. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
VerDate Sep<11>2014
16:18 Jul 13, 2020
Jkt 250001
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this
temporary interim rule as being
available in the docket, and all public
comments, will be in our online docket
at https://www.regulations.gov and can
be viewed by following that website’s
instructions.
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.T05–0344, to read as
follows:
■
§ 165.T05–0344 Safety Zone, Object
Removal; Delaware River and Bay,
Philadelphia, PA.
(a) Location. The following area is a
safety zone: All navigable waters within
250 yards of the dredge KOKO VI, the
towing vessel GEORGETOWN, the deck
barge BC 45, and all associated
equipment while conducting object
removal, dredging and dive operations
within the Delaware Bay and River.
(b) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port to
assist with enforcement of the safety
zone described in paragraph (a) of this
section.
(c) Regulations. (1) Entry into or
transiting within the safety zone
identified in paragraph (a) of this
section is prohibited unless vessels
obtain permission from the Captain of
the Port or his designated
representitives via VHF–FM channel 16
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Frm 00007
Fmt 4700
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42305
or 215–271–4807, or make satisfactory
passing arrangements via VHF–FM
channel 13 or 8 with the operating
dredge per this section and the rules of
the Road (33 CFR subchapter E). To
avoid transit delays, vessels requesting
to transit should contact the operating
dredge via VHF–FM channel 13 or 8 at
least 1 hour prior to arrival.
(2) This section applies to all vessels
except those engaged in the following
operations: Enforcement of laws, service
of aids to navigation, and emergency
response.
(d) Enforcement agencies. The U.S.
Coast Guard may be assisted by federal,
state and local agencies in the patrol
and enforcement of the zone.
(e) Enforcement period. This section
will be enforced from June 18, 2020,
through October 15, 2020, unless
cancelled earlier by the Captain of the
Port.
Dated: June 18, 2020.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2020–13507 Filed 7–13–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED–2019–OESE–0142]
Final Priorities, Requirements,
Definitions, and Selection Criteria—
Indian Education Discretionary Grants
Programs—Native American Language
(NAL@ED) Program
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Final priorities, requirements,
definitions, and selection criteria.
AGENCY:
The Assistant Secretary for
Elementary and Secondary Education
announces priorities, requirements,
definitions, and selection criteria under
the NAL@ED program, CFDA number
84.415B. The Assistant Secretary may
use one or more of these priorities,
requirements, definitions, and selection
criteria for competitions in fiscal year
(FY) 2020 and later years. We take this
action to support Native language
revitalization and instruction through
the development and expansion of highquality Native language programs.
DATES: These priorities, requirements,
definitions, and selection criteria are
effective August 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Tanya Tullos, U.S. Department of
Education, 400 Maryland Avenue SW,
SUMMARY:
E:\FR\FM\14JYR1.SGM
14JYR1
Agencies
[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Rules and Regulations]
[Pages 42303-42305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13507]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0344]
RIN 1625-AA00
Safety Zone, Object Removal; Delaware River and Bay,
Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Delaware River and Bay within 250 yards of the bucket
dredge KOKO VI, towing vessel GEORGETOWN, the deck barge BC 45, and all
associated equipment while object removal, dredging, and diving
operations are taking place. This safety zone is needed to protect
personnel, vessels, and the marine environment from hazards created by
the aforementioned operations. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Delaware Bay (COTP) or his designated representitives.
DATES: This rule is effective without actual notice from July 14, 2020
through October 15, 2020. For the purposes of enforcement, actual
notice will be used from June 18, 2020, through July 14, 2020.
Comments and related material must be received by the Coast Guard
on or before August 13, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0344 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 Edmund Ofalt, Waterways Management Branch,
U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4889, 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 interim final 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 and contrary to
the public interest. There is insufficient time to allow for a
reasonable comment period prior to the starte date for object removal,
dredging and diving operations. The rule needs to be issued and
enforceable with actual notice by June 18, 2020, to serve its purpose
of ensuring the safety of the general public
[[Page 42304]]
from hazards associated with these operations.
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 impracticable and contrary to the public interest
because immediate action is needed to mitigate the potential safety
hazards associated with object removal, dredging and diving operations
within 250 yards of the bucket dredge KOKO VI, towing vessel
GEORGETOWN, barge BC 45, and all associated equipment.
We are soliciting comments on this rulemaking. If the Coast Guard
determines that changes to the rule are necessary we will publish a
temporary final rule or other appropriate document.
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 COTP has determined that there
are potential hazards associated with the object removal, dredging and
diving operations. The purpose of this rulemaking is to ensure the
safety of personnel, vessels, and the marine environment within a 250-
yard radius of these operations.
IV. Discussion of the Rule
This rule establishes a safety zone from June 18, 2020, through
October 15, 2020. The safety zone is necessary to facilitate the main
channel deepening of the Delaware River and Bay. Object removal
operations will most likely be conducted with the dredge KOKO VI,
towing vessel GEORGETOWN, and deck barge BC 45, though other dredges or
vessels may be used, along with associated equipment. Due to the
hazards related to these operations a safety zone is being established
for all navigable waters within 250 yards of the vessels conducting
these operations.
Entry into, transiting or anchoring within the safety zone is
prohibited unless the vessel obtains permission from the COTP or makes
satisfactory passing arrangements with the operating dredge per this
rule and the Rules of the Road (33 CFR subchapter E). Though the dredge
KOKO VI, towing vessel GEORGETOWN, and deck barge BC 45 are the primary
vessels to be used in these operations, the COTP may update the
information and the vessels being utilized with these operations via
Marine Safety Information Bulletin and Broadcast Notice to Mariners.
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, and duration of the safety zone. The safety zone will be
enforced in a manner that does not conflict with transiting commercial
and recreational traffic. Vessels may transit through or around the
safety zone if satisfactory passing arrangements can be agreed upon.
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,
[[Page 42305]]
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 to protect waterway users that would prohibit entry within
250 yards of object removal, dredging and diving operations within and
around the main navigational channel. Vessels may request permission to
enter or transit through the safety zone. It is categorically excluded
from further review under paragraph L[60a] 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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help us amend this regulation so that it
provides a better solution to the problem we seek to address. We may
issue a temporary final rule or other appropriate document in response
to your comments. If you submit a comment, please include the docket
number for this rulemaking, indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this temporary interim rule as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov and can be viewed by following
that website's instructions.
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.T05-0344, to read as follows:
Sec. 165.T05-0344 Safety Zone, Object Removal; Delaware River and
Bay, Philadelphia, PA.
(a) Location. The following area is a safety zone: All navigable
waters within 250 yards of the dredge KOKO VI, the towing vessel
GEORGETOWN, the deck barge BC 45, and all associated equipment while
conducting object removal, dredging and dive operations within the
Delaware Bay and River.
(b) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Captain of the Port to assist with enforcement
of the safety zone described in paragraph (a) of this section.
(c) Regulations. (1) Entry into or transiting within the safety
zone identified in paragraph (a) of this section is prohibited unless
vessels obtain permission from the Captain of the Port or his
designated representitives via VHF-FM channel 16 or 215-271-4807, or
make satisfactory passing arrangements via VHF-FM channel 13 or 8 with
the operating dredge per this section and the rules of the Road (33 CFR
subchapter E). To avoid transit delays, vessels requesting to transit
should contact the operating dredge via VHF-FM channel 13 or 8 at least
1 hour prior to arrival.
(2) This section applies to all vessels except those engaged in the
following operations: Enforcement of laws, service of aids to
navigation, and emergency response.
(d) Enforcement agencies. The U.S. Coast Guard may be assisted by
federal, state and local agencies in the patrol and enforcement of the
zone.
(e) Enforcement period. This section will be enforced from June 18,
2020, through October 15, 2020, unless cancelled earlier by the Captain
of the Port.
Dated: June 18, 2020.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2020-13507 Filed 7-13-20; 8:45 am]
BILLING CODE 9110-04-P