Safety Zone; Environmental Response, Breton Sound, LA, 67280-67282 [2020-22262]
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67280
Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations
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
VerDate Sep<11>2014
16:23 Oct 21, 2020
Jkt 253001
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
establishing offshore anchorage
grounds, which would be comprised of
three circles, each with a 1,400-foot
radius. The anchorage grounds are not
designated a critical habitat or special
management area. Normally such
actions are categorically excluded from
further review under paragraph L59(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
List of Subjects in 33 CFR Part 110
Anchorage Grounds.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
■
Authority: 33 U.S.C. 471, 2071, 46 U.S.C.
70034; 33 CFR 1.05–1; Department of
Homeland Security Delegation No. 0170.1.
■
2. Add § 110.184 to read as follows:
§ 110.184 Atlantic Ocean, Offshore
Jacksonville, FL.
(a) Location. All waters of the Atlantic
Ocean encompassed within a radius of
1,400 feet of the following coordinates
based on North American Datum 1983:
(1) Anchorage Ground 1 with a center
point in position 30°26″48.6′ N,
81°17″14.9′ W.
(2) Anchorage Ground 2 with a center
point in position 30°26″20.5′ N,
81°17″30.8′ W; and
(3) Anchorage Ground 3 with a center
point in position 30°26″20.2′ N,
81°16″57.8′ W.
(b) The regulations. (1) Commercial
vessels in the Atlantic Ocean near the
Port of Jacksonville desiring to anchor
must anchor only within the anchorage
area defined and established in
paragraph (a) of this section, except in
cases of emergency.
(2) All vessels within the designated
anchorage area must maintain a 24-hour
bridge watch by a licensed or
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Fmt 4700
Sfmt 4700
credentialed deck officer proficient in
English, monitoring VHF–FM channel
16. This individual must confirm that
the ship’s crew performs frequent
checks of the vessel’s position to ensure
the vessel is not dragging anchor.
(3) Vessels may anchor anywhere
within the designated anchorage area,
provided that: Such anchoring does not
interfere with the operations of any
other vessels currently at anchorage;
and all anchor and chain or cable is
positioned in such a manner to preclude
dragging.
(4) No vessel may anchor in a ‘‘dead
ship’’ status (that is, propulsion or
control unavailable for normal
operations) without the prior approval
of the Captain of the Port (COTP).
Vessels which are planning to perform
main propulsion engine repairs or
maintenance, must immediately notify
the COTP on VHF–FM Channel 22A.
Vessels must also report marine
casualties in accordance with 46 CFR
4.05–1.
(5) No vessel may anchor within the
designated anchorage for more than 72
hours without the prior approval of the
COTP. To obtain this approval, contact
the COTP on VHF–FM Channel 22A.
(6) The COTP may close the
anchorage area and direct vessels to
depart the anchorage during periods of
adverse weather or at other times as
deemed necessary in the interest of port
safety or security.
(7) Commercial vessels anchoring
under emergency circumstances outside
the anchorage area must shift to new
positions within the anchorage area
immediately after the emergency ceases.
Dated: September 15, 2020.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2020–22059 Filed 10–21–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0612]
RIN 1625–AA00
Safety Zone; Environmental Response,
Breton Sound, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters of Breton Sound,
SUMMARY:
E:\FR\FM\22OCR1.SGM
22OCR1
Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations
LA. The safety zone encompasses all
navigable waters within a 100-yard
radius of environmental response
activity taking place at 29 27.000N, 089
17.682W while response operations are
being conducted. The safety zone is
necessary to protect personnel, vessels,
and the marine environment from
potential hazards created by response
operations to repair a damaged platform.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
New Orleans.
DATES: This rule is effective without
actual notice from October 22, 2020
through November 2, 2020. For the
purposes of enforcement, actual notice
will be used from October 2, 2020 until
October 22, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0612 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
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. It is impracticable to
publish an NPRM because we must
establish this safety zone by October 2,
2020 and lack sufficient time to provide
a reasonable comment period and then
consider those comments before issuing
the rule.
VerDate Sep<11>2014
16:23 Oct 21, 2020
Jkt 253001
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 public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
environmental response activity.
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 New Orleans (COTP)
has determined that potential hazards
associated with environmental response
operations, consisting of securing and
repairs to a damaged platform, will be
of a safety concern for anyone within a
100-yard radius of the platform, located
at approximately 29 27.000N, 089
17.682W. This rule is necessary to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while
platform repairs are being carried out.
IV. Discussion of the Rule
This rule establishes a safety zone on
October 2, 2020 until approximately
November 2, 2020 or until repairs are
complete. The safety zone will
encompass all navigable waters within
100-yards radius of the platform located
at approximately 29 27.000N, 089
17.682W. The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters while the platform is
being repaired. No vessel or person will
be permitted to enter 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 or by telephone at
(504) 365–2200. 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
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Fmt 4700
Sfmt 4700
67281
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 and duration of the
temporary safety zone. This safety zone
will restrict vessel traffic from entering
or remaining within a 100-yard radial
section of Breton Sound for
approximately one month while an
environmental response activity, repairs
to a damaged platform, occurs.
Moreover, the Coast Guard will issue a
BNMs via VHF–FM marine channel 16
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
E:\FR\FM\22OCR1.SGM
22OCR1
67282
Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations
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.
VerDate Sep<11>2014
16:23 Oct 21, 2020
Jkt 253001
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting approximately one month
in duration that will prohibit entry
within 100-yard radius of the platform
located at approximately 29 27.000N,
089 17.682W. It is categorically
excluded from further review under
paragraph L[60a] of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0612 to read as
follows:
■
§ 165.T08-0612 Safety Zone;
Environmental Response, Breton Sound,
LA.
(a) Location. The following area is a
safety zone: All navigable waters within
a 100-yard radius of 29 27.000N, 089
17.682W in Breton Sound, LA.
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Fmt 4700
Sfmt 4700
(b) Effective period. This section is
effective without actual notice from
October 22, 2020 until November 2,
2020. For the purposes of enforcement,
actual notice will be used from October
2, 2020 until October 22, 2020.
(c) Enforcement periods. This section
will be enforced from October 2, 2020
until approximately November 2, 2020.
(d) 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.
(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 or by
telephone at (504) 365–2200.
(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.
(e) 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: October 1, 2020.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2020–22262 Filed 10–21–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0095; FRL–10014–
96–Region 4]
Air Plan Approval; Kentucky:
Revisions to Jefferson County VOC
Definition
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision to
the Jefferson County portion of the
Kentucky SIP, submitted by the
Commonwealth of Kentucky
(Commonwealth), through the Energy
and Environment Cabinet (Cabinet) on
September 5, 2019. The revision was
submitted by the Cabinet on behalf of
SUMMARY:
E:\FR\FM\22OCR1.SGM
22OCR1
Agencies
[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Rules and Regulations]
[Pages 67280-67282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22262]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0612]
RIN 1625-AA00
Safety Zone; Environmental Response, Breton Sound, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters of Breton Sound,
[[Page 67281]]
LA. The safety zone encompasses all navigable waters within a 100-yard
radius of environmental response activity taking place at 29 27.000N,
089 17.682W while response operations are being conducted. The safety
zone is necessary to protect personnel, vessels, and the marine
environment from potential hazards created by response operations to
repair a damaged platform. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
New Orleans.
DATES: This rule is effective without actual notice from October 22,
2020 through November 2, 2020. For the purposes of enforcement, actual
notice will be used from October 2, 2020 until October 22, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0612 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. It is
impracticable to publish an NPRM because we must establish this safety
zone by October 2, 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 public interest because immediate action
is needed to respond to the potential safety hazards associated with
the environmental response activity.
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 New Orleans
(COTP) has determined that potential hazards associated with
environmental response operations, consisting of securing and repairs
to a damaged platform, will be of a safety concern for anyone within a
100-yard radius of the platform, located at approximately 29 27.000N,
089 17.682W. This rule is necessary to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while platform repairs are being carried out.
IV. Discussion of the Rule
This rule establishes a safety zone on October 2, 2020 until
approximately November 2, 2020 or until repairs are complete. The
safety zone will encompass all navigable waters within 100-yards radius
of the platform located at approximately 29 27.000N, 089 17.682W. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the platform is
being repaired. No vessel or person will be permitted to enter 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 or by telephone at (504)
365-2200. 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 and
duration of the temporary safety zone. This safety zone will restrict
vessel traffic from entering or remaining within a 100-yard radial
section of Breton Sound for approximately one month while an
environmental response activity, repairs to a damaged platform, occurs.
Moreover, the Coast Guard will issue a BNMs via VHF-FM marine channel
16 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
[[Page 67282]]
compliance, please call or email the person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting approximately one month in duration that will
prohibit entry within 100-yard radius of the platform located at
approximately 29 27.000N, 089 17.682W. It is categorically excluded
from further review under paragraph L[60a] of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
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.T08-0612 to read as follows:
Sec. 165.T08-0612 Safety Zone; Environmental Response, Breton Sound,
LA.
(a) Location. The following area is a safety zone: All navigable
waters within a 100-yard radius of 29 27.000N, 089 17.682W in Breton
Sound, LA.
(b) Effective period. This section is effective without actual
notice from October 22, 2020 until November 2, 2020. For the purposes
of enforcement, actual notice will be used from October 2, 2020 until
October 22, 2020.
(c) Enforcement periods. This section will be enforced from October
2, 2020 until approximately November 2, 2020.
(d) 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.
(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 or by telephone at (504) 365-2200.
(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.
(e) 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: October 1, 2020.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2020-22262 Filed 10-21-20; 8:45 am]
BILLING CODE 9110-04-P