Emergency Safety Zone; Lower Mississippi River, Helena, AR, 45519-45521 [2020-15888]
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Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Rules and Regulations
that is treated as an overpayment and
refunded or credited to an employer
under section 6402(a) or section 6413(b)
of the Code and to which the employer
is not entitled, resulting in an erroneous
refund to the employer, shall be treated
as an underpayment of the taxes
imposed by section 3111(a) of the Code
and may be assessed and collected by
the Secretary in the same manner as the
taxes.
(c) Advance credit amounts
erroneously refunded. The
determination of any amount of credits
erroneously refunded as described in
paragraphs (a) and (b) of this section
must take into account any amount of
credits advanced to an employer under
the process established by the Internal
Revenue Service in accordance with
sections 7001(b)(4)(A)(ii) and
7003(b)(3)(B) of the Families First Act,
as modified by section 3606 of the
CARES Act, and section 2301(l)(1) of the
CARES Act.
(d) Third party payors. For purposes
of this section, employers against whom
an erroneous refund of the credits under
sections 7001 and 7003 of the Families
First Act (including any increases in
those credits under section 7005 of the
Families First Act), as modified by
section 3606 of the CARES Act, and the
credits under section 2301 of the CARES
Act can be assessed as an underpayment
of the taxes imposed by section 3111(a)
include persons treated as the employer
under sections 3401(d), 3504, and 3511
of the Code, consistent with their
liability for the section 3111(a) taxes
against which the credit applied.
(e) Applicability date. This regulation
applies to all credit refunds under
sections 7001 and 7003 of the Families
First Act (including any increases in
those credits under section 7005 of the
Families First Act), as modified by
section 3606 of the CARES Act,
advanced or paid on or after April 1,
2020 and all credit refunds under
section 2301 of the CARES Act
advanced or paid on or after March 13,
2020.
■ Par. 3.Section 31.3221–5T is added to
read as follows:
§ 31.3221–5T Recapture of credits under
the Families First Coronavirus Response
Act and the Coronavirus Aid, Relief, and
Economic Security Act.
(a) Recapture of erroneously refunded
credits under the Families First
Coronavirus Response Act. Any amount
of credits for qualified sick leave wages
or qualified family leave wages under
sections 7001 and 7003, respectively, of
the Families First Coronavirus Response
Act (Families First Act), Public Law
116–127, 134 Stat. 178 (2020), as
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15:51 Jul 28, 2020
Jkt 250001
modified by section 3606 of the
Coronavirus Aid, Relief, and Economic
Security Act (CARES Act), Public Law
116–136, 134 Stat. 281 (2020), plus any
amount of credits for qualified health
plan expenses under sections 7001 and
7003, that are treated as overpayments
and refunded or credited to an employer
under section 6402(a) or section 6413(b)
of the Internal Revenue Code (Code) and
to which the employer is not entitled,
resulting in an erroneous refund to the
employer, shall be treated as an
underpayment of the taxes imposed by
section 3221(a) of the Code and may be
assessed and collected by the Secretary
in the same manner as the taxes.
(b) Recapture of erroneously refunded
credits under the Coronavirus Aid,
Relief, and Economic Security Act. Any
amount of credits for qualified wages
under section 2301 of the CARES Act
that is treated as an overpayment and
refunded or credited to an employer
under section 6402(a) or section 6413(b)
of the Code and to which the employer
is not entitled, resulting in an erroneous
refund to the employer, shall be treated
as an underpayment of the taxes
imposed by section 3221(a) of the Code
and may be assessed and collected by
the Secretary in the same manner as the
taxes.
(c) Advance credit amounts
erroneously refunded. The
determination of any amount of credits
erroneously refunded as described in
paragraphs (a) and (b) of this section
must take into account any amount of
credits advanced to an employer under
the process established by the Internal
Revenue Service in accordance with
sections 7001(b)(4)(A)(ii) and
7003(b)(3)(B) of the Families First Act,
as modified by section 3606 of the
CARES Act, and section 2301(l)(1) of the
CARES Act.
(d) Third party payors. For purposes
of this section, employers against whom
an erroneous refund of the credits under
sections 7001 and 7003 of the Families
First Act, as modified by section 3606
of the CARES Act, and the credits under
section 2301 of the CARES Act can be
assessed as an underpayment of the
taxes imposed by section 3221(a)
include persons treated as the employer
under sections 3401(d), 3504, and 3511
of the Code, consistent with their
liability for the section 3221(a) taxes
against which the credit applied.
(e) Applicability date. This regulation
applies to all credit refunds under
sections 7001 and 7003 of the Families
First Act, as modified by section 3606
of the CARES Act, advanced or paid on
or after April 1, 2020, and all credit
refunds under section 2301 of the
PO 00000
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45519
CARES Act advanced or paid on or after
March 13, 2020.
Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
Approved: July 14, 2020.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2020–16302 Filed 7–24–20; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0408]
RIN 1625–AA00
Emergency Safety Zone; Lower
Mississippi River, Helena, AR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone for emergency
purposes for all waters of the Lower
Mississippi River (LMR), extending
from mile 660.0 to mile 663.0. This
emergency safety zone is needed to
protect persons, property, and
infrastructure from the potential safety
hazards associated with the diving and
salvage effort of a sunken barge at
Mississippi River Mile Marker (MM)
661.0, in the vicinity of the Helena
Highway Bridge, Helena, Arkansas.
Deviation from the safety zone is
prohibited unless specifically
authorized by the Captain of the Port
Lower Mississippi River or a designated
representative.
DATES: This rule is effective without
actual notice from July 29, 2020 through
August 30, 2020, or until all diving and
salvage work is complete, whichever
occurs earlier. For the purposes of
enforcement, actual notice will be used
from July 13, 2020 through July 29,
2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0408 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 LT Adam J. Paz, U.S. Coast Guard;
telephone 901–521–4825, email
adam.j.paz@uscg.mil.
SUMMARY:
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Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Rules and Regulations
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 salvage
efforts for a sunken barge mid-river will
impede the safe navigation of vessel
traffic and immediate action is needed
to protect persons and property.
Completing the full NPRM process is
impracticable because we must establish
this safety zone immediately.
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 respond
to the potential safety hazards
associated with salvage operations in
the vicinity of the Helena Highway
Bridge.
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 (COTP) Lower
Mississippi River has determined that
potential hazards associated with the
salvage of a sunken barge will be a
safety concern for anyone within a onemile radius of the salvage operation.
This rule is needed to protect persons,
property, and infrastructure from the
potential safety hazards associated with
the diving and salvage effort of a sunken
barge at Mississippi River Mile Marker
(MM) 661.0, in the vicinity of the
Helena Highway Bridge from July 13,
2020 through August 30, 2020, or until
all diving and salvage work is complete,
whichever occurs earlier.
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15:51 Jul 28, 2020
Jkt 250001
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from July 13, 2020 through
August 30, 2020, or until all diving and
salvage work is complete, whichever
occurs earlier. The safety zone will
cover all navigable waters of the
Mississippi River from MM 660.0 to
MM 663.0, extending the entire width of
the river. The safety zone will only be
activated when salvage work precludes
safe navigation of the established
channel. The duration of the zone is
intended to protect persons, property,
and infrastructure in these navigable
waters while the salvage work is being
conducted. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
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. This
emergency safety zone will temporarily
restrict navigation on the Mississippi
River from MM 660.0 through MM 663.0
in the vicinity of Helena, Arkansas, from
July 13, 2020 through August 30, 2020,
or until all diving and salvage work is
complete, whichever occurs earlier. The
Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 informing the public that the
zone will be activated, and the rule
would allow vessels to seek permission
to enter the zone on a case-by-case basis.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
PO 00000
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Fmt 4700
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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
E:\FR\FM\29JYR1.SGM
29JYR1
Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Rules and Regulations
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 an
emergency safety zone on the
Mississippi River from MM 660.0
through MM 663.0, that will prohibit
entry into this zone unless permission
has been granted by the COTP Lower
Mississippi River or a designated
representative. The safety zone will only
be enforced during short durations
while salvage work precludes the safe
navigation of the established channel. It
is categorically excluded from further
review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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15:51 Jul 28, 2020
Jkt 250001
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.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0444]
RIN 1625–AA87
Security Zone; North Atlantic Ocean,
Approaches to Ocean City, MD
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.T08–0408 to read as
follows:
■
§ 165.T08–0408 Emergency Safety Zone;
Lower Mississippi River, Helena, AR.
(a) Location. The following area is a
safety zone: All waters of the
Mississippi River from MM 660.0
through MM 663.0.
(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 telephone or email.
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 periods. This section
will be enforced as needed from July 13,
2020 through August 30, 2020, or until
all diving and salvage work is complete,
whichever occurs earlier. Periods of
activation will be promulgated by
Broadcast Notice to Mariners.
Dated: July 13, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Lower Mississippi River.
[FR Doc. 2020–15888 Filed 7–28–20; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
■
45521
The Coast Guard is
establishing a temporary security zone
encompassing certain waters of the
North Atlantic Ocean. The security zone
is necessary to prevent waterside threats
before, during, and after National
Geospatial-Intelligence Agency
equipment testing conducted offshore
near Ocean City, MD. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Maryland-National
Capital Region or his designated
representative.
SUMMARY:
This rule is effective without
actual notice from July 29, 2020 through
9:30 p.m. on August 28, 2020. For the
purposes of enforcement, actual notice
will be used from 9 a.m. on July 27,
2020, through July 29, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0444 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 Mr. Ron Houck, Sector MarylandNational Capital Region Waterways
Management Division, U.S. Coast
Guard; telephone 410–576–2674,
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
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29JYR1
]]>Agencies
[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Rules and Regulations]
[Pages 45519-45521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15888]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0408]
RIN 1625-AA00
Emergency Safety Zone; Lower Mississippi River, Helena, AR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for emergency
purposes for all waters of the Lower Mississippi River (LMR), extending
from mile 660.0 to mile 663.0. This emergency safety zone is needed to
protect persons, property, and infrastructure from the potential safety
hazards associated with the diving and salvage effort of a sunken barge
at Mississippi River Mile Marker (MM) 661.0, in the vicinity of the
Helena Highway Bridge, Helena, Arkansas. Deviation from the safety zone
is prohibited unless specifically authorized by the Captain of the Port
Lower Mississippi River or a designated representative.
DATES: This rule is effective without actual notice from July 29, 2020
through August 30, 2020, or until all diving and salvage work is
complete, whichever occurs earlier. For the purposes of enforcement,
actual notice will be used from July 13, 2020 through July 29, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0408 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 LT Adam J. Paz, U.S. Coast Guard; telephone 901-521-4825,
email [email protected].
[[Page 45520]]
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 salvage efforts for a sunken barge
mid-river will impede the safe navigation of vessel traffic and
immediate action is needed to protect persons and property. Completing
the full NPRM process is impracticable because we must establish this
safety zone immediately.
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 respond to the potential safety
hazards associated with salvage operations in the vicinity of the
Helena Highway Bridge.
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 (COTP) Lower
Mississippi River has determined that potential hazards associated with
the salvage of a sunken barge will be a safety concern for anyone
within a one-mile radius of the salvage operation. This rule is needed
to protect persons, property, and infrastructure from the potential
safety hazards associated with the diving and salvage effort of a
sunken barge at Mississippi River Mile Marker (MM) 661.0, in the
vicinity of the Helena Highway Bridge from July 13, 2020 through August
30, 2020, or until all diving and salvage work is complete, whichever
occurs earlier.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from July 13, 2020
through August 30, 2020, or until all diving and salvage work is
complete, whichever occurs earlier. The safety zone will cover all
navigable waters of the Mississippi River from MM 660.0 to MM 663.0,
extending the entire width of the river. The safety zone will only be
activated when salvage work precludes safe navigation of the
established channel. The duration of the zone is intended to protect
persons, property, and infrastructure in these navigable waters while
the salvage work is being conducted. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. 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. This emergency safety zone
will temporarily restrict navigation on the Mississippi River from MM
660.0 through MM 663.0 in the vicinity of Helena, Arkansas, from July
13, 2020 through August 30, 2020, or until all diving and salvage work
is complete, whichever occurs earlier. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 informing the
public that the zone will be activated, and the rule would allow
vessels to seek permission to enter the zone on a case-by-case basis.
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
[[Page 45521]]
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 an
emergency safety zone on the Mississippi River from MM 660.0 through MM
663.0, that will prohibit entry into this zone unless permission has
been granted by the COTP Lower Mississippi River or a designated
representative. The safety zone will only be enforced during short
durations while salvage work precludes the safe navigation of the
established channel. It is categorically excluded from further review
under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0408 to read as follows:
Sec. 165.T08-0408 Emergency Safety Zone; Lower Mississippi River,
Helena, AR.
(a) Location. The following area is a safety zone: All waters of
the Mississippi River from MM 660.0 through MM 663.0.
(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 telephone or email. 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 periods. This section will be enforced as needed
from July 13, 2020 through August 30, 2020, or until all diving and
salvage work is complete, whichever occurs earlier. Periods of
activation will be promulgated by Broadcast Notice to Mariners.
Dated: July 13, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Lower Mississippi River.
[FR Doc. 2020-15888 Filed 7-28-20; 8:45 am]
BILLING CODE 9110-04-P
