Emergency Safety Zone; Lower Mississippi River, Rosedale, MS, 51648-51650 [2020-17482]
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51648
Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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.
[FR Doc. 2020–18316 Filed 8–20–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 33 CFR Part 100
Coast Guard
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
33 CFR Part 165
[Docket Number USCG–2020–0415]
RIN 1625–AA00
Emergency Safety Zone; Lower
Mississippi River, Rosedale, MS
PART 100—REGATTAS AND MARINE
PARDES
AGENCY:
1. The authority citation for part 100
continues to read as follows:
SUMMARY:
■
Authority: 33 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T08–0518 to read as
follows:
■
§ 100.T08–0518 Special Local Regulation;
Cumberland River, Hendersonville, TN
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Dated: August 14, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
(a) Location. The Cumberland River,
miles 236.0 to 237.5.
(b) Periods of enforcement. This
temporary special local regulation will
be enforced from 7:30 p.m. until 9:30
p.m. on August 22, 2020.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or
designated personnel. Moreover,
persons or vessels desiring to enter into
or pass through the zone must request
permission from the COTP Sector Ohio
Valley or a designated representative.
They may be contacted on VHF-FM
radio channel 16 or phone at 1–800–
253–7465
(2) Persons and vessels permitted to
deviate from the special local regulation
requirements as well as enter the
restricted area must transit at the
slowest safe speed and comply with all
lawful directions issued by the COTP
Sector Ohio Valley or a designated
representative.
(d) Informational broadcasts. The
COTP Sector Ohio Valley or a
designated representative will inform
the public through broadcast notices to
mariners of the enforcement period for
the special local regulation, as well as
any changes in the dates and times of
enforcement.
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ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
emergency purposes for all waters of the
Lower Mississippi River (LMR),
extending from River Mile Marker (MM)
592.0 to MM 595.0. The emergency
safety zone is needed to protect persons,
property, infrastructure, and the marine
environment from the potential safety
hazards associated with the salvage and
diving effort of two sunken barges at
MM 593.5, in the vicinity of the Victoria
Bend Revetment, Rosedale, Mississippi.
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 August 21, 2020
through August 31, 2020, or until all
salvage and diving work is complete,
whichever occurs earlier. For purposes
of enforcement, actual notice will be
used from August 3, 2020 through
August 21, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0415 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.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
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Frm 00016
Fmt 4700
Sfmt 4700
FR Federal Register
LMR Lower Mississippi River
MM River Mile Marker
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 two sunken barges 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 by August 3, 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 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 Victoria Bend Revetment.
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 (LMR) has determined
that potential hazards associated with
the salvage of two sunken barges will be
a safety concern for anyone within a one
and one-half mile radius of the salvage
and diving vessels and machinery. This
rule is needed to protect persons,
property, infrastructure, and the marine
environment in all waters of the LMR
within the safety zone while the salvage
and diving work is being conducted.
IV. Discussion of the Rule
This rule establishes a temporary
emergency safety zone from August 3,
2020 through August 31, 2020, or until
all salvage and diving work is complete,
whichever occurs earlier. The safety
zone will cover all waters of the LMR
from MM 592.0 to MM 595.0, extending
the entire width of the river. The safety
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Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations
zone will only be activated during
daylight hours when salvage work
precludes safe navigation of the
established channel. The duration of the
zone is intended to protect persons,
property, infrastructure, and the marine
environment in these navigable waters
while salvage and diving 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.
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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 during daylight hours
on the LMR from MM 592.0 to MM
595.0 in the vicinity of Rosedale,
Mississippi, from August 3, 2020
through August 31, 2020, or until all
salvage and diving 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 of the times 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
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16:00 Aug 20, 2020
Jkt 250001
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
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51649
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
temporary emergency safety zone on the
LMR from MM 592.0 to MM 595.0, that
will prohibit entry into this zone unless
permission has been granted by the
COTP Lower Mississippi or a designated
representative. The safety zone will only
be enforced for short durations during
daylight hours while salvage and diving
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. 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\21AUR1.SGM
21AUR1
51650
Federal Register / Vol. 85, No. 163 / Friday, August 21, 2020 / Rules and Regulations
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:
ACTION:
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.T08–0415 to read as
follows:
■
§ 165.T08–0415 Emergency Safety Zone;
Lower Mississippi River, Rosedale, MS.
(a) Location. The following area is a
safety zone: All waters of the
Mississippi River from MM 592.0 to
MM 595.0.
(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 period. This section
will be enforced as needed during
daylight hours from August 3, 2020
through August 31, 2020, or until all
salvage and diving work is complete,
whichever occurs earlier. Periods of
activation will be promulgated by
Broadcast Notice to Mariners.
Dated: July 30, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Lower Mississippi River.
[FR Doc. 2020–17482 Filed 8–20–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Parts 1, 49, 71, and 124
[EPA–HQ–OGC–2019–0406; FRL 10012–97–
OGC]
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
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I. General Information
The action finalizes a
procedural rule to streamline and
modernize the Environmental
Protection Agency’s (EPA) permit
appeal process and ensure that appeals
are decided consistent with the
authority delegated from the
Administrator by modifying existing
procedural requirements and realigning
prior delegations. This final procedural
rule applies to permits issued by or on
behalf of EPA under the Clean Air Act,
the Clean Water Act, the Safe Drinking
Water Act, and the Resources
Conservation and Recovery Act.
DATES: This final rule is effective on
September 21, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OGC–2019–0406. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., 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 electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mark Talty, Office of General Counsel,
Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington,
DC 20460; (202) 564–2751; email
address: staff_ogc@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
following outline is provided to aid in
locating information in this preamble.
SUMMARY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS
AREAS.
Streamlining Procedures for Permit
Appeals
Final rule.
I. General Information
A. Does this action apply to me?
B. What is the Agency’s authority for
taking this action?
II. Background
A. What changes did the Agency propose
in its December 3, 2019 proposal?
B. What action is the Agency taking today?
III. Summary of the Final Rule
A. What are the key elements of this final
rule?
1. Clarifying the EAB’s Scope of Review in
Permit Appeals
2. Reforming Amicus Curiae Participation
3. Eliminating Sua Sponte Review
4. Expediting the Appeal Process
5. 12-Year Terms for EAB Judges
6. Designating EAB Decisions for
Publication
7. Administrator’s Legal Interpretations
B. How does this final rule affect pending
appeals?
C. Why is EPA finalizing these reforms?
IV. Statutory and Executive Orders
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Fmt 4700
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A. Does this action apply to me?
This rule modifies the rules of
practice governing certain
administrative appeals handled by the
Environmental Appeals Board (EAB)
under 40 CFR 124.19 and other
regulations listed below. It applies to
persons and entities that seek to
challenge EPA permitting decisions
under the National Pollutant Discharge
Elimination System (NPDES) program of
the Clean Water Act, the Safe Drinking
Water Act’s Underground Injection
Control (UIC) program, and the
Resources Conservation and Recovery
Act (RCRA), including Remedial Action
Plans, 40 CFR 270.42(f) and 270.155. It
also applies to persons or entities that
seek to challenge the following EPA
permitting decisions under the Clean
Air Act: Prevention of Significant
Deterioration permits, 40 CFR 52.21(q),
Outer Continental Shelf permits, 40 CFR
55.6(a)(3); Title V permits, 40 CFR
71.11(l); Tribal Major Non-Attainment
NSR permits, 40 CFR 49.172(d)(5); and
Tribal Minor NSR permits, 40 CFR
49.159(d).
With exception of section III.A.7
(Administrator’s Legal Interpretations)
of this preamble, nothing in this
proposal affects the EAB’s adjudication
of enforcement appeals.
B. What is the Agency’s authority for
taking this action?
EPA’s authority to issue this
procedural rule is contained in Resource
Conservation and Recovery Act, 42
U.S.C. 6901 et seq.; Safe Drinking Water
Act, 42 U.S.C. 300(f) et seq.; Clean
Water Act, 33 U.S.C. 1251 et seq.; and
Clean Air Act, 42 U.S.C. 1857 et seq.
EPA is also issuing this rule under its
general housekeeping authority. The
Federal Housekeeping Statute provides
that ‘‘[t]he head of an Executive
department or military department may
prescribe regulations for the government
of his department, the conduct of its
employees, the distribution and
performance of its business, and the
custody, use, and preservation of its
records, papers, and property.’’ EPA is
not one of the 15 ‘‘Executive
Departments’’ listed at 5 U.S.C. 301.
However, EPA gained housekeeping
authority through the Reorganization
Plan No. 3 of 1970, 84 Stat. 2086 (July
9, 1970). The Office of Legal Counsel
has opined that the Reorganization Plan
‘‘convey[s] to the [EPA] Administrator
all of the housekeeping authority
available to other department heads
under section 301’’ and demonstrates
that ‘‘Congress has vested the
Administrator with the authority to run
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Agencies
[Federal Register Volume 85, Number 163 (Friday, August 21, 2020)]
[Rules and Regulations]
[Pages 51648-51650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17482]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0415]
RIN 1625-AA00
Emergency Safety Zone; Lower Mississippi River, Rosedale, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
emergency purposes for all waters of the Lower Mississippi River (LMR),
extending from River Mile Marker (MM) 592.0 to MM 595.0. The emergency
safety zone is needed to protect persons, property, infrastructure, and
the marine environment from the potential safety hazards associated
with the salvage and diving effort of two sunken barges at MM 593.5, in
the vicinity of the Victoria Bend Revetment, Rosedale, Mississippi.
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 August 21,
2020 through August 31, 2020, or until all salvage and diving work is
complete, whichever occurs earlier. For purposes of enforcement, actual
notice will be used from August 3, 2020 through August 21, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0415 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].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM River Mile Marker
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 two sunken barges
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 by August 3, 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 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 Victoria
Bend Revetment.
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 (LMR) has determined that potential hazards
associated with the salvage of two sunken barges will be a safety
concern for anyone within a one and one-half mile radius of the salvage
and diving vessels and machinery. This rule is needed to protect
persons, property, infrastructure, and the marine environment in all
waters of the LMR within the safety zone while the salvage and diving
work is being conducted.
IV. Discussion of the Rule
This rule establishes a temporary emergency safety zone from August
3, 2020 through August 31, 2020, or until all salvage and diving work
is complete, whichever occurs earlier. The safety zone will cover all
waters of the LMR from MM 592.0 to MM 595.0, extending the entire width
of the river. The safety
[[Page 51649]]
zone will only be activated during daylight hours when salvage work
precludes safe navigation of the established channel. The duration of
the zone is intended to protect persons, property, infrastructure, and
the marine environment in these navigable waters while salvage and
diving 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 during daylight hours on the LMR
from MM 592.0 to MM 595.0 in the vicinity of Rosedale, Mississippi,
from August 3, 2020 through August 31, 2020, or until all salvage and
diving 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 of the times 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 (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
temporary emergency safety zone on the LMR from MM 592.0 to MM 595.0,
that will prohibit entry into this zone unless permission has been
granted by the COTP Lower Mississippi or a designated representative.
The safety zone will only be enforced for short durations during
daylight hours while salvage and diving 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. 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 51650]]
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.T08-0415 to read as follows:
Sec. 165.T08-0415 Emergency Safety Zone; Lower Mississippi River,
Rosedale, MS.
(a) Location. The following area is a safety zone: All waters of
the Mississippi River from MM 592.0 to MM 595.0.
(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 period. This section will be enforced as needed
during daylight hours from August 3, 2020 through August 31, 2020, or
until all salvage and diving work is complete, whichever occurs
earlier. Periods of activation will be promulgated by Broadcast Notice
to Mariners.
Dated: July 30, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Lower Mississippi River.
[FR Doc. 2020-17482 Filed 8-20-20; 8:45 am]
BILLING CODE 9110-04-P