Emergency Safety Zone; Red River, Avoyelles Parish, LA, 53674-53676 [2020-19138]
Download as PDF
<![CDATA[
53674
Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Rules and Regulations
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
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.T08–0520 to read as
follows:
■
khammond on DSKJM1Z7X2PROD with RULES
§ 165.T08–0520 Emergency Safety Zone;
Lower Mississippi River, Knowlton
Revetment, AR.
(a) Location. The following area is a
safety zone: All waters of the Lower
Mississippi River from MM 618 through
MM 622.
(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 from August
17, 2020 through August 31, 2020, or
until all dredge work is complete,
whichever occurs earlier. Periods of
activation will be promulgated by
Broadcast Notice to Mariners.
Jkt 250001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0503]
RIN 1625–AA00
Emergency Safety Zone; Red River,
Avoyelles Parish, LA
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
emergency purposes for all waters of the
Red River (RR), extending from River
Mile Marker (MM) 34 through MM 39.
The emergency safety zone is needed to
protect persons, property, infrastructure,
and the marine environment from the
potential safety hazards associated with
the dredging operations being
conducted on the Red River, in the
vicinity of Avoyelles Parish, LA.
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 31, 2020
through August 31, 2020, or until all
dredge work is complete, whichever
occurs earlier. For the purposes of
enforcement, actual notice will be used
from August 13, 2020 through August
31, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0503 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 Lindsey Swindle, U.S.
Coast Guard; telephone 901–521–4813,
email Lindsey.M.Swindle@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
PO 00000
Frm 00030
Fmt 4700
MM River Mile Marker
NPRM Notice of proposed rulemaking
RR Red River
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
BILLING CODE 9110–04–P
ACTION:
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
16:03 Aug 28, 2020
[FR Doc. 2020–19139 Filed 8–28–20; 8:45 am]
AGENCY:
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
VerDate Sep<11>2014
Dated: August 24, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Lower Mississippi River.
Sfmt 4700
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
shoaling and falling water levels in the
vicinity of Avoyelles Parish, LA has
greatly reduced the width of the
navigable channel, impeding 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 as soon as possible.
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 the dredge operations in
the vicinity of Avoyelles Parish, LA.
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 dredge effort will be a safety concern
for anyone within a mile radius of the
dredge vessels and machinery. This rule
is needed to protect persons, property,
infrastructure, and the marine
environment in all waters of the RR
within the safety zone while dredge
operations are being conducted.
IV. Discussion of the Rule
This rule establishes a temporary
emergency safety zone from August 13,
2020 through August 31, 2020, or until
all dredge work is complete, whichever
occurs earlier. The safety zone will
cover all waters of the RR from MM 34
E:\FR\FM\31AUR1.SGM
31AUR1
Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Rules and Regulations
through MM 39, extending the entire
width of the river. The safety zone will
only be activated when dredge
operations 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 dredging 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.
khammond on DSKJM1Z7X2PROD 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, and
duration of the safety zone. This
emergency safety zone will temporarily
restrict navigation on the RR from MM
34 through MM 39 in the vicinity of
Avoyelles Parish, LA, from August 13,
2020 through August 31, 2020, or until
all dredge 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
VerDate Sep<11>2014
16:03 Aug 28, 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 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
53675
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
RR from MM 34 through MM 39, 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 while dredge operations
preclude 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\31AUR1.SGM
31AUR1
53676
Federal Register / Vol. 85, No. 169 / Monday, August 31, 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.T08–0503 to read as
follows:
■
§ 165.T08–0503 Emergency Safety Zone;
Red River, Avoyelles Parish, LA.
(a) Location. The following area is a
safety zone: All waters of the Red River
from MM 34 through MM 39.
(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 from August
13, 2020 through August 31, 2020, or
until all dredge work is complete,
whichever occurs earlier. Periods of
activation will be promulgated by
Broadcast Notice to Mariners.
Dated: August 13, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Lower Mississippi River.
[FR Doc. 2020–19138 Filed 8–28–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 600
khammond on DSKJM1Z7X2PROD with RULES
[EPA–HQ–OAR–2020–0314; FRL–10012–25–
OAR]
RIN 2060–AU89
Technical Correction to the Flex-Fuel
Vehicle Provisions in CAFE
Regulations
Environmental Protection
Agency (EPA).
VerDate Sep<11>2014
16:03 Aug 28, 2020
Jkt 250001
This direct final rule corrects
an error in EPA’s regulations for test
procedures used in the Corporate
Average Fuel Economy (CAFE) program
finalized in a 2012 rulemaking. EPA
established the procedures under the
general provisions of Energy Policy and
Conservation Act (EPCA) which
authorize EPA to establish test and
calculation procedures for CAFE. The
correction clarifies the method for how
flex-fuel vehicles are accounted for in
manufacturer fuel economy calculations
in model years 2020 and later. This
correction allows the program to be
implemented as originally intended in
the 2012 rule. This rulemaking action is
not expected to result in any significant
changes in regulatory burdens or costs.
DATES: This rule is effective on
November 30, 2020 without further
notice, unless EPA receives adverse
comment by October 15, 2020. If EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule, or the relevant provisions
of this rule on which EPA received
adverse comment, will not take effect.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OAR–2020–0314, by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting comments.
• Email: a-and-r-Docket@epa.gov.
Include Docket ID No. EPA–HQ–OAR–
2020–0314 in the subject line of the
message.
• Fax: (202) 566–9744 Include Docket
ID No. EPA–HQ–OAR–2020–0314 on
the cover of the fax.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
OAR, Docket EPA–HQ–OAR–2020–
0314, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington,
DC 20460.
• Hand Delivery/Courier: EPA Docket
Center, WJC West Building, Room 3334,
1301 Constitution Avenue NW,
Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
Federal Holidays).
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUMMARY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
AGENCY:
Direct final rule.
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION section of
this document. Out of an abundance of
caution for members of the public and
our staff, the EPA Docket Center and
Reading Room are closed to the public,
with limited exceptions, to reduce the
risk of transmitting COVID–19. Our
Docket Center staff will continue to
provide remote customer service via
email, phone, and webform. We
encourage the public to submit
comments via https://
www.regulations.gov/ or email, as there
may be a delay in processing mail and
faxes. Hand deliveries and couriers may
be received by scheduled appointment
only. For further information on EPA
Docket Center services and the current
status, please visit us online at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Christopher Lieske, Office of
Transportation and Air Quality (OTAQ),
Assessment and Standards Division
(ASD), Environmental Protection
Agency, 2000 Traverwood Drive, Ann
Arbor MI 48105; telephone number:
(734) 214–4584; email address:
lieske.christopher@epa.gov fax number:
(734) 214–4816.
SUPPLEMENTARY INFORMATION:
I. Why is EPA using a direct final rule?
EPA is publishing this rule without a
prior proposed rule because we view
this as a noncontroversial action and
anticipate no adverse comment. EPA
believes this to be the case because the
direct final rule corrects an error in the
regulations and the corrections will
allow the program to be implemented as
originally intended, consistent with the
original final rule. However, in the
‘‘Proposed Rules’’ section of this issue
of the Federal Register, we are
publishing a separate document that
will serve as the proposed rule to
correct the regulations if adverse
comments are received on this direct
final rule. We will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document.
If EPA receives adverse comment, we
will publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. If we receive adverse comment on
a distinct provision of this rulemaking,
we will publish a timely withdrawal in
the Federal Register indicating which
provisions we are withdrawing. The
provisions that are not withdrawn will
become effective on the date set out
above, notwithstanding adverse
E:\FR\FM\31AUR1.SGM
31AUR1
]]>Agencies
[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53674-53676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19138]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0503]
RIN 1625-AA00
Emergency Safety Zone; Red River, Avoyelles Parish, LA
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 Red River (RR), extending from
River Mile Marker (MM) 34 through MM 39. The emergency safety zone is
needed to protect persons, property, infrastructure, and the marine
environment from the potential safety hazards associated with the
dredging operations being conducted on the Red River, in the vicinity
of Avoyelles Parish, LA. 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 31,
2020 through August 31, 2020, or until all dredge work is complete,
whichever occurs earlier. For the purposes of enforcement, actual
notice will be used from August 13, 2020 through August 31, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0503 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 Lindsey Swindle, U.S. Coast Guard; telephone 901-
521-4813, 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
MM River Mile Marker
NPRM Notice of proposed rulemaking
RR Red River
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 shoaling and falling water levels in
the vicinity of Avoyelles Parish, LA has greatly reduced the width of
the navigable channel, impeding 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 as soon as possible.
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 the dredge operations in the vicinity of
Avoyelles Parish, LA.
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 dredge effort will be a safety concern for anyone
within a mile radius of the dredge vessels and machinery. This rule is
needed to protect persons, property, infrastructure, and the marine
environment in all waters of the RR within the safety zone while dredge
operations are being conducted.
IV. Discussion of the Rule
This rule establishes a temporary emergency safety zone from August
13, 2020 through August 31, 2020, or until all dredge work is complete,
whichever occurs earlier. The safety zone will cover all waters of the
RR from MM 34
[[Page 53675]]
through MM 39, extending the entire width of the river. The safety zone
will only be activated when dredge operations 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 dredging 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 RR from MM 34 through MM 39
in the vicinity of Avoyelles Parish, LA, from August 13, 2020 through
August 31, 2020, or until all dredge 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 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, 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 RR from MM 34 through MM 39,
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 while dredge operations preclude
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 53676]]
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.T08-0503 to read as follows:
Sec. 165.T08-0503 Emergency Safety Zone; Red River, Avoyelles Parish,
LA.
(a) Location. The following area is a safety zone: All waters of
the Red River from MM 34 through MM 39.
(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
from August 13, 2020 through August 31, 2020, or until all dredge work
is complete, whichever occurs earlier. Periods of activation will be
promulgated by Broadcast Notice to Mariners.
Dated: August 13, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Lower Mississippi River.
[FR Doc. 2020-19138 Filed 8-28-20; 8:45 am]
BILLING CODE 9110-04-P
