Safety Zone; Northern Atlantic Ocean, Nahant, MA, 44736-44738 [2020-16212]
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Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations
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
establishes a temporary safety zone. 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.T09–0394 to read as
follows:
■
jbell on DSKJLSW7X2PROD with RULES
§ 165.T09–0394 Safety Zone; Erie Yacht
Club 125th Anniversary Summer Event;
Presque Isle Bay, Erie, PA.
(a) Location. The safety zone will
encompass a 420-foot radius of position
42°07′60″ N 80°08′00″ W of Preque Isle
Bay, Erie, PA.
(b) Enforcement period. This rule is
enforced from 8 p.m. until 10:45 p.m. on
August 1, 2020.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or her
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
VerDate Sep<11>2014
16:42 Jul 23, 2020
Jkt 250001
Buffalo or her designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on her behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or her on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or her on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or her on-scene
representative.
Dated: July 10, 2020.
L.M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2020–15741 Filed 7–23–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0446]
RIN 1625–AA00
Safety Zone; Northern Atlantic Ocean,
Nahant, MA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 100-yard
radius of the DREDGE 200 salvage
vessels and machinery located in the
Northern Atlantic Ocean approximately
2 miles southeast of Nahant,
Massachusetts. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by salvage
operations. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Boston (COTP) or a designated
representative.
DATES: This rule is effective without
actual notice from July 24, 2020 through
August 12, 2020. For the purposes of
enforcement, actual notice will be used
from July 22, 2020 through July 24,
2020.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
PO 00000
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available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0446 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 MSTC Ramirez, Waterways
Management, U.S. Coast Guard;
telephone 617–447–1620, email
Jae.L.Ramirez@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
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 the
DREDGE 200 sank in close proximity to
the North Channel outside of the Boston
Harbor and immediate action is needed
to respond to the potential safety
hazards associated with salvage
operations. It is impracticable to publish
an NPRM because we must establish
this safety zone by July 22, 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. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the DREDGE 200
salvage operations.
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 potential hazards
associated with salvage operations
starting July 22, 2020, will be a safety
concern for anyone within a 100-yard
radius of salvage vessels and machinery.
This rule is needed to protect personnel,
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Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations
vessels, and the marine environment in
the navigable waters within the safety
zone while the DREDGE 200 is salvaged.
IV. Discussion of the Rule
This rule establishes a safety zone
from July 22, 2020 through August 12,
2020. The safety zone will cover all
navigable waters within 100 yards of
vessels and machinery being used by
personnel to salvage the DREDGE 200
located in the Northern Atlantic Ocean,
latitude 42°23.937′ N, longitude
070°52.525′ W, approximately 2 miles
southeast of Nahant, Massachusetts. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the DREDGE 200 is
salvaged. 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.
jbell on DSKJLSW7X2PROD with RULES
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 safety zone.
Vessel traffic will be able to safely
transit around this safety zone.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone.
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
VerDate Sep<11>2014
16:42 Jul 23, 2020
Jkt 250001
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 (Public Law 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.
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44737
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 12 days that will prohibit
entry within 100 yards of vessels and
machinery being used by personnel to
salvage the DREDGE 200. 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.
E:\FR\FM\24JYR1.SGM
24JYR1
44738
Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Rules and Regulations
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and record keeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED
NAVIGACTION 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.T01–0446 to read as
follows:
■
jbell on DSKJLSW7X2PROD with RULES
(a) Location. The following area is a
safety zone: all navigable waters of the
Northern Atlantic Ocean, within 100
yards of latitude 42°23.937′ N, longitude
070°52.525′ W, approximately 2 miles
southeast of Nahant, Massachusetts.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the COTP
Boston in the enforcement of the safety
zone.
(c) Regulations. When this safety zone
is enforced, the following regulations,
along with those contained in 33 CFR
165.23 apply:
(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 via Channel 16 (VHF–
FM) or 617–223–5757 (Sector Boston
Command Center). 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 12:01 a.m. on July
21, 2020, to 11:59 p.m. on August 12,
2020.
(e) Penalties. Those who violate this
section are subject to the penalties set
forth in 33 U.S.C. 1232.
16:42 Jul 23, 2020
Jkt 250001
[FR Doc. 2020–16212 Filed 7–23–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0634; FRL–10012–
07–Region 5]
Air Plan Approval; Indiana; Revisions
to NOX SIP Call and CAIR Rules
recommend that you telephone Eric
Svingen, Environmental Engineer, at
(312) 353–4489 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT: Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
AGENCY:
I. What is the background for this final
rule?
The Environmental Protection
Agency (EPA) is approving under the
Clean Air Act (CAA) a request from the
Indiana Department of Environmental
Management (IDEM) to revise the
Indiana State Implementation Plan (SIP)
to incorporate the following: A new rule
concerning nitrogen oxide (NOX)
emissions for the ozone season from
Electric Generating Units (EGUs) and
large non-EGUs; revisions concerning
NOX emission rate limits for specific
source categories; the repeal of the NOX
Budget Trading Program; and the repeal
of the Clean Air Interstate Rule (CAIR)
NOX ozone season trading program.
This SIP revision will ensure continued
compliance by EGUs and large nonEGUs with the requirements of the NOX
SIP Call.
DATES: This final rule is effective on
August 24, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0634. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
Under the ‘‘good neighbor provision’’
of CAA section 110(a)(2)(D)(i)(I), states
are required to eliminate their
significant contributions to air quality
problems in downwind states. To
address the good neighbor provision for
progressively more protective National
Ambient Air Quality Standards
(NAAQS) for ozone and fine particulate
matter (PM2.5), EPA published a series of
regulations requiring eastern states,
including Indiana, to comply with
statewide budgets limiting ozone season
emissions of NOX, a precursor to ozone,
as well as annual emissions of NOX and
sulfur dioxide (SO2), precursors to
PM2.5.
On October 27, 1998, EPA published
the NOX SIP Call, which addressed the
good neighbor provision for the 1979
ozone NAAQS by requiring eastern
states to submit SIPs complying with
statewide budgets for ozone season NOX
emissions (63 FR 57356). The NOX SIP
Call also established the NOX Budget
Trading Program, an allowance trading
program that states could adopt to meet
most of their obligations under the NOX
SIP Call. On May 12, 2005, EPA
published CAIR, which addressed the
good neighbor provision for the 1997
ozone NAAQS and 1997 PM2.5 NAAQS
by requiring eastern states to submit
SIPs complying with statewide budgets
for ozone season NOX emissions and
annual NOX and SO2 emissions (70 FR
25152). CAIR also established allowance
trading programs that states could adopt
to meet their obligations. Upon
implementation of the CAIR trading
program for ozone season NOX in 2009,
EPA discontinued administration of the
NOX Budget Trading Program. Both the
NOX SIP Call and CAIR allowed certain
sources to participate in the trading
programs: EGUs with capacity greater
than 25 megawatts; and large non-EGUs,
such as boilers and combustion
turbines, with a rated heat input greater
Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY:
§ 165.T01–0446 Safety Zone; Northern
Atlantic Ocean, Nahant, MA.
VerDate Sep<11>2014
Dated: July 21, 2020.
Eric J. Doucette,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
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]]>Agencies
[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Rules and Regulations]
[Pages 44736-44738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16212]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0446]
RIN 1625-AA00
Safety Zone; Northern Atlantic Ocean, Nahant, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 100-yard radius of the DREDGE 200 salvage
vessels and machinery located in the Northern Atlantic Ocean
approximately 2 miles southeast of Nahant, Massachusetts. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by salvage operations. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Boston (COTP) or a designated
representative.
DATES: This rule is effective without actual notice from July 24, 2020
through August 12, 2020. For the purposes of enforcement, actual notice
will be used from July 22, 2020 through July 24, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0446 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 MSTC Ramirez, Waterways Management, U.S. Coast Guard;
telephone 617-447-1620, 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 the DREDGE 200 sank in close
proximity to the North Channel outside of the Boston Harbor and
immediate action is needed to respond to the potential safety hazards
associated with salvage operations. It is impracticable to publish an
NPRM because we must establish this safety zone by July 22, 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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the DREDGE 200
salvage operations.
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
potential hazards associated with salvage operations starting July 22,
2020, will be a safety concern for anyone within a 100-yard radius of
salvage vessels and machinery. This rule is needed to protect
personnel,
[[Page 44737]]
vessels, and the marine environment in the navigable waters within the
safety zone while the DREDGE 200 is salvaged.
IV. Discussion of the Rule
This rule establishes a safety zone from July 22, 2020 through
August 12, 2020. The safety zone will cover all navigable waters within
100 yards of vessels and machinery being used by personnel to salvage
the DREDGE 200 located in the Northern Atlantic Ocean, latitude
42[deg]23.937' N, longitude 070[deg]52.525' W, approximately 2 miles
southeast of Nahant, Massachusetts. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while the DREDGE 200 is salvaged. 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 safety zone. Vessel traffic
will be able to safely transit around this safety zone. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.
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 (Public Law 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
safety zone lasting 12 days that will prohibit entry within 100 yards
of vessels and machinery being used by personnel to salvage the DREDGE
200. 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.
[[Page 44738]]
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and record keeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGACTION 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.T01-0446 to read as follows:
Sec. 165.T01-0446 Safety Zone; Northern Atlantic Ocean, Nahant, MA.
(a) Location. The following area is a safety zone: all navigable
waters of the Northern Atlantic Ocean, within 100 yards of latitude
42[deg]23.937' N, longitude 070[deg]52.525' W, approximately 2 miles
southeast of Nahant, Massachusetts.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the COTP
Boston in the enforcement of the safety zone.
(c) Regulations. When this safety zone is enforced, the following
regulations, along with those contained in 33 CFR 165.23 apply:
(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 via Channel 16 (VHF-FM) or 617-223-5757 (Sector Boston
Command Center). 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 12:01
a.m. on July 21, 2020, to 11:59 p.m. on August 12, 2020.
(e) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232.
Dated: July 21, 2020.
Eric J. Doucette,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2020-16212 Filed 7-23-20; 8:45 am]
BILLING CODE 9110-04-P
