Safety Zone; Lake Pontchartrain, New Orleans, LA, 55190-55192 [2020-19735]
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55190
Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Rules and Regulations
Independent Spent Fuel Storage
Installation). Such term does not
include otherwise deductible expenses
to be incurred in connection with the
disposal of spent nuclear fuel under the
Nuclear Waste Policy Act of 1982 (Pub.
L. 97–425).
*
*
*
*
*
■ Par. 3. Section 1.468A–5 is amended
by revising the section heading and
paragraphs (b)(2)(i) and (v) and (d)(3)(i)
to read as follows:
and the Treasury Department
participated in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
PART 1—INCOME TAXES
§ 1.468A–5 Nuclear decommissioning
fund—miscellaneous provisions.
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
■
*
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.468A–1 is amended
by adding paragraphs (b)(6)(i) and (ii) to
read as follows:
■
§ 1.468A–1 Nuclear decommissioning
costs; general rules.
jbell on DSKJLSW7X2PROD with RULES
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*
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(b) * * *
(6) * * *
(i) For the purpose of this title, the
term nuclear decommissioning costs or
decommissioning costs includes all
expenses related to land improvements
and otherwise deductible expenses to be
incurred in connection with the
entombment, decontamination,
dismantlement, removal and disposal of
the structures, systems and components
of a nuclear power plant, whether that
nuclear power plant will continue to
produce electric energy or has
permanently ceased to produce electric
energy. Such term includes all expenses
related to land improvements and
otherwise deductible expenses to be
incurred in connection with the
preparation for decommissioning, such
as engineering and other planning
expenses, and all otherwise deductible
expenses to be incurred with respect to
the plant after the actual
decommissioning occurs, such as
physical security and radiation
monitoring expenses. An expense is
otherwise deductible for purposes of
this paragraph (b)(6) if it would be
deductible or recoverable through
depreciation or amortization under
chapter 1 of the Internal Revenue Code
without regard to section 280B.
(ii) The term nuclear
decommissioning costs or
decommissioning costs, as applicable to
this title, also includes expenses
incurred in connection with the
construction, operation, and ultimate
decommissioning of a facility used
solely to store, pending delivery to a
permanent repository or disposal, spent
nuclear fuel generated by one or more
nuclear power plants (for example, an
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(b) * * *
(2) * * *
(i) A payment by a nuclear
decommissioning fund for the purpose
of satisfying, in whole or in part, the
liability of the electing taxpayer for
decommissioning costs of the nuclear
power plant to which the nuclear
decommissioning fund relates, whether
such payment is made to an unrelated
party in satisfaction of the
decommissioning liability or to the
plant operator or other otherwise
disqualified person as reimbursement
solely for actual expenses paid by such
person in satisfaction of the
decommissioning liability;
*
*
*
*
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(v) Any act described in section
4951(d)(2)(B) or (C). Whether payments
under section 4951(c)(2)(C) are not
excessive is determined under § 1.162–
7. See § 53.4941(d)–3(c)(1). The fact that
the amount of such payments that are
not excessive are also more than the
disqualified person’s actual expenses for
such personal services does not cause
the payments to constitute acts of selfdealing, even if the difference is
properly characterized as profit, or
direct or indirect overhead;
*
*
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(d) * * *
(3) * * *
(i) The substantial completion of the
decommissioning of a nuclear power
plant occurs on the date on which all
Federal, state, local, and contractual
decommissioning requirements are fully
satisfied (the substantial completion
date). Except as otherwise provided in
paragraph (d)(3)(ii) of this section, the
substantial completion date is also the
termination date.
*
*
*
*
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■ Par. 4. Section 1.468A–9 is revised to
read as follows:
§ 1.468A–9
Applicability dates.
(a) In general. Except as provided in
paragraph (b) of this section, §§ 1.468A–
1 through 1.468A–8 are effective on
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December 23, 2010, and apply with
respect to taxable years ending after
such date.
(b) Special rules—(1) Taxable years
ending before December 23, 2010.
Special rules that are provided for
taxable years ending on or before
December 23, 2010, such as the special
rule for certain special transfers
contained in § 1.468A–8(a)(4)(ii), apply
with respect to such taxable years. In
addition, except as provided in
paragraph (2) of this section, a taxpayer
may apply the provisions of §§ 1.468A–
1 through 1.468A–8 with respect to a
taxable year ending on or before
December 23, 2010, if all such
provisions are consistently applied.
(2) Applicability of § 1.468A–1(b)(6)
and § 1.468A–5(b)(2)(i), (b)(2)(v), and
(d)(3)(i). The rules in §§ 1.468A–1(b)(6)
and 1.468A–5(b)(2)(i), (b)(2)(v), and
(d)(3)(i) apply to taxable years ending on
or after September 4, 2020. Taxpayers
may also choose to apply the rules in
§ 1.468A–1(b)(6) and § 1.468A–5(b)(2)(i),
(b)(2)(v), and (d)(3)(i) to prior taxable
years for which a taxpayer’s deemed
payment deadline (as defined in
§ 1.468A–2(c)(1)) has not passed prior to
September 4, 2020.
Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
Approved: March 5, 2020.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2020–16955 Filed 9–3–20; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0510]
RIN 1625–AA00
Safety Zone; Lake Pontchartrain, New
Orleans, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary moving safety
zone for certain waters of Lake
Pontchartrain, New Orleans, LA. The
safety zone encompasses all navigable
waters from 30 02′58.3″ N, 090 12′54.6″
W to 30 04′05.3″ W, 090 00′09.0″ W. The
safety zone is needed to protect persons,
vessels, and the marine environment
from hazards associated with a boat
SUMMARY:
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Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Rules and Regulations
parade. Persons and vessels are
prohibited from entering or remaining
in this zone unless specifically
authorized by the Captain of the Port
Sector New Orleans or a designated
representative.
DATES: This rule is effective from 12
noon through 3 p.m. on September 7,
2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0510 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 Lieutenant Commander Corinne
Plummer, Sector New Orleans, U.S.
Coast Guard; telephone 504–365–2246,
email Corinne.M.Plummer@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port Sector New
Orleans
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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. It is impracticable to
publish an NPRM because we must
establish this safety zone by September
7, 2020 and lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing the rule.
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 contrary to the public
interest because the safety zone is
necessary to prevent potential hazards
associated with a boat parade.
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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 Sector New Orleans
(COTP) has determined that potential
hazards associated with a boat parade
on September 7, 2020, will be a safety
concern for anyone within a 25-foot
radius of the boat parade participants.
Possible hazards include risks of injury
or death from near or actual contact
among participant vessels and mariners
traversing through the safety zone. This
rule is necessary to protect persons,
vessels, and the marine environment
during the boat parade.
IV. Discussion of the Rule
This rule establishes a temporary
moving safety zone from 12 noon
through 3 p.m. on September 7, 2020.
The safety zone will cover all navigable
waters within 25-foot radius of the
NOLA Boat and Float parade
participants as they transit Lake
Pontchartrain from position 30 02′58.3″
N, 090 12′54.6″ W to 30 04′05.3″ W, 090
00′09.0″ W and back to 30 02′58.3″ N,
090 12′54.6″ W. The duration of the
zone is intended to protect persons,
vessels, and the marine environment on
these navigable waters while the vessels
transit with limited mobility at
minimum speed. No vessel or person
will be permitted to enter or remain in
the safety zone without obtaining
permission from the COTP or a
designated representative. Vessels
requiring entry into this safety zone
must request permission from the COTP
or a designated representative. They
may be contacted on VHF–FM Channel
16 or 67. Persons and vessels permitted
to enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
The COTP or a designated
representative will inform the public of
the enforcement times and date for this
safety zone through Broadcast Notices to
Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
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
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55191
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone. This
safety zone will restrict vessel traffic
from entering or remaining within a 25foot radius of the NOLA Boat and Float
parade participants as they transit Lake
Pontchartrain from position 30 02′58.3″
N, 090 12′54.6″ W to 30 04′05.3″ W, 090
00′09.0″ W and back to 30 02′58.3″ N,
090 12′54.6″ W. Vessels can safely
transit around the zone. Moreover, the
Coast Guard will issue Broadcast Notice
to Mariners via VHF–FM marine
channel 16 or 67 about the zone, and the
rule allows vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (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 contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Rules and Regulations
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).
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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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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,
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15:43 Sep 03, 2020
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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 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting 3 hours that will prohibit
entry within 25 feet of the participating
vessels with limited maneuverability. It
is categorically excluded from further
review under paragraph L(60)a of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination will be
made available in the docket where
indicated under ADDRESSES.
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.
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
04′05.3″ W, 090 00′09.0″ W and back to
30 02′58.3″ N, 090 12′54.6″ W.
(b) Effective period. This section is
effective from 12 noon. to 3 p.m. on
September 7, 2020.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into or remaining within this zone is
prohibited unless authorized by the
Captain of the Port Sector New Orleans
(COTP) or designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector New Orleans.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or 67.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: September 1, 2020.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2020–19735 Filed 9–3–20; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 551
Semipostal Stamp Program
ACTION:
1. The authority citation for part 165
continues to read as follows:
Postal ServiceTM.
Final rule.
AGENCY:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
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.T08–0510 to read as
follows:
■
§ 165.T08–0510 Safety Zone; Lake
Pontchartrain, New Orleans, LA.
(a) Location. The following area is a
safety zone: All navigable waters within
a 25-foot radius of the NOLA Boat and
Float parade participants as they transit
Lake Pontchartrain from position 30
02′58.3″ N, 090 12′54.6″ W to 30
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The Postal Service is revising
its discretionary Semipostal Stamp
Program regulations to provide more
flexibility to manage the program.
DATES: Effective October 5, 2020.
FOR FURTHER INFORMATION CONTACT:
Amity C. Kirby, Manager, Stamp
Products & Exhibitions, 202–268–7998,
amity.c.kirby@usps.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On June 10, 2020, the Postal Service
published its proposed rule to revise its
discretionary Semipostal Stamp
Program regulations to provide more
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Agencies
[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Rules and Regulations]
[Pages 55190-55192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19735]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0510]
RIN 1625-AA00
Safety Zone; Lake Pontchartrain, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
for certain waters of Lake Pontchartrain, New Orleans, LA. The safety
zone encompasses all navigable waters from 30 02'58.3'' N, 090
12'54.6'' W to 30 04'05.3'' W, 090 00'09.0'' W. The safety zone is
needed to protect persons, vessels, and the marine environment from
hazards associated with a boat
[[Page 55191]]
parade. Persons and vessels are prohibited from entering or remaining
in this zone unless specifically authorized by the Captain of the Port
Sector New Orleans or a designated representative.
DATES: This rule is effective from 12 noon through 3 p.m. on September
7, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0510 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 Lieutenant Commander Corinne Plummer, Sector New Orleans,
U.S. Coast Guard; telephone 504-365-2246, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. It is
impracticable to publish an NPRM because we must establish this safety
zone by September 7, 2020 and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule.
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 contrary to the public interest because the safety
zone is necessary to prevent potential hazards associated with a boat
parade.
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 Sector New
Orleans (COTP) has determined that potential hazards associated with a
boat parade on September 7, 2020, will be a safety concern for anyone
within a 25-foot radius of the boat parade participants. Possible
hazards include risks of injury or death from near or actual contact
among participant vessels and mariners traversing through the safety
zone. This rule is necessary to protect persons, vessels, and the
marine environment during the boat parade.
IV. Discussion of the Rule
This rule establishes a temporary moving safety zone from 12 noon
through 3 p.m. on September 7, 2020. The safety zone will cover all
navigable waters within 25-foot radius of the NOLA Boat and Float
parade participants as they transit Lake Pontchartrain from position 30
02'58.3'' N, 090 12'54.6'' W to 30 04'05.3'' W, 090 00'09.0'' W and
back to 30 02'58.3'' N, 090 12'54.6'' W. The duration of the zone is
intended to protect persons, vessels, and the marine environment on
these navigable waters while the vessels transit with limited mobility
at minimum speed. No vessel or person will be permitted to enter or
remain in the safety zone without obtaining permission from the COTP or
a designated representative. Vessels requiring entry into this safety
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or 67.
Persons and vessels permitted to enter this safety zone must transit at
their slowest safe speed and comply with all lawful directions issued
by the COTP or the designated representative. The COTP or a designated
representative will inform the public of the enforcement times and date
for this safety zone through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This safety
zone will restrict vessel traffic from entering or remaining within a
25-foot radius of the NOLA Boat and Float parade participants as they
transit Lake Pontchartrain from position 30 02'58.3'' N, 090 12'54.6''
W to 30 04'05.3'' W, 090 00'09.0'' W and back to 30 02'58.3'' N, 090
12'54.6'' W. Vessels can safely transit around the zone. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 or 67 about the zone, and the rule allows vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
[[Page 55192]]
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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting 3 hours that will prohibit entry within 25 feet
of the participating vessels with limited maneuverability. It is
categorically excluded from further review under paragraph L(60)a of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination
will be made available in the docket where indicated under ADDRESSES.
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.
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: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T08-0510 to read as follows:
Sec. 165.T08-0510 Safety Zone; Lake Pontchartrain, New Orleans, LA.
(a) Location. The following area is a safety zone: All navigable
waters within a 25-foot radius of the NOLA Boat and Float parade
participants as they transit Lake Pontchartrain from position 30
02'58.3'' N, 090 12'54.6'' W to 30 04'05.3'' W, 090 00'09.0'' W and
back to 30 02'58.3'' N, 090 12'54.6'' W.
(b) Effective period. This section is effective from 12 noon. to 3
p.m. on September 7, 2020.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into or remaining within this zone is prohibited
unless authorized by the Captain of the Port Sector New Orleans (COTP)
or designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector New
Orleans.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: September 1, 2020.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2020-19735 Filed 9-3-20; 8:45 am]
BILLING CODE 9110-04-P