Safety Zone; J5D Optic Line Replacement, Detroit River, Detroit, MI, 73423-73425 [2020-24946]
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Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Rules and Regulations
of the Unfunded Mandates Reform Act
of 1995.
Authority and Signature
Loren Sweatt, Principal Deputy
Assistant Secretary of Labor for
Occupational Safety and Health,
authorized the preparation of this notice
pursuant to 29 U.S.C. 653, 655, and 656,
Secretary’s Order 8–2020 (85 FR 58393;
Sept. 18, 2020), National Defense
Authorization Act for Fiscal Year 2020
(Pub. L. 116–92), and FACA, as
amended (5 U.S.C. App. 2), the
implementing regulations (41 CFR part
102–3), Department of Labor Manual
Series Chapter 1–900 (August 31, 2020),
and 29 CFR part 1911.
Signed at Washington, DC, on October 19,
2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor
for Occupational Safety and Health.
Amendments to Regulations
For the reasons stated in the
preamble, OSHA amends 29 CFR part
1912 as follows:
PART 1912—ADVISORY COMMITTEES
ON STANDARDS
1. The authority citation for part 1912
is revised to read as follows:
■
Authority: 29 U.S.C. 653, 655, 656, 657;
5 U.S.C. 553; 5 U.S.C. App. 2; 40 U.S.C. 333;
Secretary of Labor’s Order No. 12–71 (36 FR
8754), 8–76 (41 FR 25059), 9–83 (48 FR
35736), 3–2000 (65 FR 50017), or 8–2020 (85
FR 58393), as applicable.
2. Section 1912.1 is amended by
revising paragraph (a) to read as follows:
■
khammond on DSKJM1Z7X2PROD with RULES
§ 1912.1
Purpose and scope.
(a) This part prescribes the policies
and procedures governing the
composition and functions of advisory
committees which have been, or may be,
appointed under section 7(b) of the
Occupational Safety and Health Act of
1970 (the Act) to assist the Assistant
Secretary in carrying out the standardssetting duties of the Secretary of Labor
under section 6 of the Act. Such
committees are specifically authorized
by section 7(b). This part also prescribes
the policies and procedures governing
the composition and functions of the:
(1) Advisory Committee on
Construction Safety and Health; and
(2) Maritime Advisory Committee on
Occupational Safety and Health.
*
*
*
*
*
■ 3. Add § 1912.13 to read as follows:
§ 1912.13 Maritime Advisory Committee on
Occupational Safety and Health.
(a) This section applies to the
Maritime Advisory Committee on
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16:14 Nov 17, 2020
Jkt 253001
Occupational Safety and Health, which
has been established under section 3510
of the National Defense Authorization
Act (Pub. L. 116–92, December 20, 2019)
to advise the Secretary of Labor in
formulating maritime industry
standards and regarding matters
pertaining to the administration of this
Act related to the maritime industry.
The composition of the Maritime
Advisory Committee on Occupational
Safety and Health is consistent with that
of advisory committees which may be
appointed under section 7(b) of the Act.
See paragraph (c) of this section. An
additional advisory committee covering
these duties will not normally be
established under section 7(b) of the
Act, unless the issue or issues involved
extend beyond maritime activity. See
§ 1912.4 concerning the general policy
against duplication of activity by
advisory committees.
(b) The Maritime Advisory Committee
on Occupational Safety and Health is a
continuing advisory body. It is
composed of 15 members appointed by
the Secretary, one of whom is appointed
as Chair. The composition of the
Advisory Committee is as follows:
(1) One member who is a designee of
the Secretary of Health and Human
Services;
(2) At least one member who is
qualified by experience and affiliation
to present the viewpoint of the
employers involved, and at least one
member who is similarly qualified to
present the viewpoint of the employees
involved. There shall be an equal
number of representatives of employers
and employees involved; and
(3) At least one representative of state
health and safety agencies.
(4) The Maritime Advisory Committee
on Occupational Safety and Health may
include such other persons as the
Secretary may appoint who are qualified
by knowledge and experience to make a
useful contribution to the work of the
committee, including one or more
representatives of professional
organizations of technicians or
professionals specializing in
occupational safety or health and one or
more persons of nationally recognized
standards-producing organizations, but
the number of persons so appointed
shall not exceed the number of persons
appointed as representatives of Federal
and state agencies.
(c) Each member of the Maritime
Advisory Committee on Occupational
Safety and Health shall serve for a
period of two years. Appointment of a
member to the Committee for a fixed
time period shall not affect the authority
of the Secretary to remove, in his or her
discretion, any member at any time. If
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73423
a member resigns or is removed before
his or her term expires, the Secretary of
Labor may appoint for the remainder of
the unexpired term a new member who
shall represent the same interest as his
or her predecessor.
(d) Members may be appointed to
successive terms.
(e) A member who is otherwise
qualified may continue to serve until a
successor is appointed.
(f) There shall be filed on behalf of the
Maritime Advisory Committee on
Occupational Safety and Health a
charter in accordance with the Federal
Advisory Committee Act upon the
expiration of each successive two-year
period.
[FR Doc. 2020–23620 Filed 11–17–20; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2020–0610]
RIN 1625–AA00
Safety Zone; J5D Optic Line
Replacement, Detroit River, Detroit, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable U.S. waters in the Detroit
River, Detroit, MI. This safety zone is
necessary to protect vessels from
potential hazards associated with the
replacement of the J5D optic line. Entry
of vessels or persons into the zone is
prohibited unless specifically
authorized by the Captain of the Port
(COTP) Detroit.
DATES: This temporary final rule is
effective from 8 a.m. on November 24,
2020, through 7 p.m. December 2, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0610 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 temporary
rule, call or email Tracy Girard,
Prevention Department, Sector Detroit,
Coast Guard; telephone 313–568–9564,
email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\18NOR1.SGM
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73424
Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Rules and Regulations
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 undersection 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 doing
so would be impracticable. The Coast
Guard did not receive the final details
of this line replacement in time to
publish an NPRM. As such, it is
impracticable to publish an NPRM
because doing so would prevent the
Coast Guard from enforcing the
temporary safety zone during the optic
line replacement work, exposing the
public to the dangers associated with
this work. We are issuing this rule
under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making it effective less than 30 days
after publication in the Federal Register
for the same reason noted above.
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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 COTP
Detroit has determined that potential
hazards associated with J5D Optic Line
Replacement will be a safety concern to
anyone in the vicinity of the
replacement location. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the line replacement is occurring.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from November 24, 2020 at
8 a.m. through 7 p.m. on December 2,
2020. Each safety zone will be enforced
for a four hour period on November 24,
2020 and on December 1, 2020. In the
case of inclement weather on those
dates, this safety zone will be enforced
for a four hour period the day after both
stated dates. Each safety zone will
encompass all U.S. navigable waters of
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16:14 Nov 17, 2020
Jkt 253001
the Detroit River within 300 yards upbound and 300 yards down-bound from
the shore at position 42°17.618′ N,
083°05.888′ W (NAD 83) extending
seaward to the international boundary
line. No vessel or person will be
permitted to enter each safety zone
without obtaining permission from the
COTP Detroit 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 characteristics of each
safety zone. Each safety zone created by
this rule will impact a small designated
area of the Detroit River and is designed
to minimize the impact on its navigable
waters. This rule is not anticipated to
exceed four hours per enforced period.
Vessel traffic will not be able to transit
around the safety zone during the
enforced period. Therefore, the Coast
Guard will issue a Broadcast Notice to
Mariners (BNM) via VHF–FM marine
channel 16 about the zone and the rule
allows vessels to seek permission to
transit 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
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Fmt 4700
Sfmt 4700
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.
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,
E:\FR\FM\18NOR1.SGM
18NOR1
Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Rules and Regulations
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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 four hours on two separate
dates that will prohibit entry into the
designated area. It is categorically
excluded from further review under
paragraph L60(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.
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.
khammond on DSKJM1Z7X2PROD with RULES
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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16:14 Nov 17, 2020
Jkt 253001
FEDERAL COMMUNICATIONS
COMMISSION
1. The authority citation for part 165
continues to read as follows:
47 CFR Part 76
■
E. Unfunded Mandates Reform Act
List of Subjects in 33 CFR Part 165
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.T09–0610 to read as
follows:
■
§ 165.T09 0610 Safety Zone; J5D Optic
Line Replacement, Detroit River, Detroit, MI.
(a) Location. A safety zone is
established to include all U.S. navigable
waters of the Detroit River within 300
yards up-bound and 300 yards downbound from the shore at position
42°17.618′ N, 083°05.888′ W (NAD 83)
extending seaward to the international
boundary line.
(b) Enforcement period. This section
establishes a safety zone from 8.a.m.
November 24, 2020 through 7 p.m. on
December 2, 2020. Each safety zone will
be enforced for a four hour period on
November 24, 2020 and on December 1,
2020. In the case of inclement weather
on those dates, each safety zone will be
enforced for a four hour period the day
after both stated dates.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
(COTP) Detroit or a designated on-scene
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP Detroit or a
designated on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP Detroit is any Coast Guard
commissioned, warrant or petty officer
or a Federal, state, or local law
enforcement officer designated by the
COTP Detroit to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP Detroit or an on-scene
representative to obtain permission to
do so. The COTP Detroit or an on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the COTP
Detroit or an on-scene representative.
Dated: November 5, 2020.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port, Detroit.
[FR Doc. 2020–24946 Filed 11–17–20; 8:45 am]
BILLING CODE 9110–04–P
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73425
[MB Docket Nos. 20–35, 17–105; FCC 20–
139; FRS 17157]
Requiring Records of Cable Operator
Interests in Video Programming;
Modernization of Media Regulation
Initiative
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission eliminates the rules
requiring that cable operators maintain
records in their online public inspection
files regarding the nature and extent of
their attributable interests in video
programming services, as well as
information regarding cable operators’
carriage of such vertically integrated
video programming services on cable
systems in which they have an
attributable interest.
DATES: Effective November 18, 2020.
FOR FURTHER INFORMATION CONTACT:
Chad Guo, Chad.Guo@fcc.gov, or 202–
418–0652.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order (Order), FCC 20–139, in MB
Docket Nos. 20–35, 17–105, adopted on
September 29, 2020, and released on
September 30, 2020. The complete text
of this document is available
electronically via the search function on
the FCC’s Electronic Document
Management System (EDOCS) web page
at https://apps.fcc.gov/edocs_public/
(https://apps.fcc.gov/edocs_public/).
The complete document is also
available for public inspection at
https://docs.fcc.gov/public/
attachments/FCC-20-134A1.pdf. To
request materials in accessible formats
for people with disabilities (Braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
(mail to: fcc504@fcc.gov) or call the
FCC’s Consumer and Governmental
Affairs Bureau at (202) 418–0530
(voice), (202) 418–0432 (TTY).
SUMMARY:
Synopsis
In this Report and Order (Order), we
eliminate § 76.1710 of our rules, which
requires cable operators to maintain
records in their online public inspection
files regarding the nature and extent of
their attributable interests in video
programming services. The current rule
also requires that the online public
inspection files maintained by cable
operators contain information regarding
E:\FR\FM\18NOR1.SGM
18NOR1
]]>Agencies
[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Rules and Regulations]
[Pages 73423-73425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24946]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2020-0610]
RIN 1625-AA00
Safety Zone; J5D Optic Line Replacement, Detroit River, Detroit,
MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable U.S. waters in the Detroit River, Detroit, MI. This safety
zone is necessary to protect vessels from potential hazards associated
with the replacement of the J5D optic line. Entry of vessels or persons
into the zone is prohibited unless specifically authorized by the
Captain of the Port (COTP) Detroit.
DATES: This temporary final rule is effective from 8 a.m. on November
24, 2020, through 7 p.m. December 2, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0610 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
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone 313-568-9564, email
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 73424]]
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 undersection 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 doing so would be impracticable. The
Coast Guard did not receive the final details of this line replacement
in time to publish an NPRM. As such, it is impracticable to publish an
NPRM because doing so would prevent the Coast Guard from enforcing the
temporary safety zone during the optic line replacement work, exposing
the public to the dangers associated with this work. We are issuing
this rule under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making it effective less than 30 days after
publication in the Federal Register for the same reason noted above.
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 COTP Detroit has determined that
potential hazards associated with J5D Optic Line Replacement will be a
safety concern to anyone in the vicinity of the replacement location.
This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
line replacement is occurring.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from November 24,
2020 at 8 a.m. through 7 p.m. on December 2, 2020. Each safety zone
will be enforced for a four hour period on November 24, 2020 and on
December 1, 2020. In the case of inclement weather on those dates, this
safety zone will be enforced for a four hour period the day after both
stated dates. Each safety zone will encompass all U.S. navigable waters
of the Detroit River within 300 yards up-bound and 300 yards down-bound
from the shore at position 42[deg]17.618' N, 083[deg]05.888' W (NAD 83)
extending seaward to the international boundary line. No vessel or
person will be permitted to enter each safety zone without obtaining
permission from the COTP Detroit 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
characteristics of each safety zone. Each safety zone created by this
rule will impact a small designated area of the Detroit River and is
designed to minimize the impact on its navigable waters. This rule is
not anticipated to exceed four hours per enforced period. Vessel
traffic will not be able to transit around the safety zone during the
enforced period. Therefore, the Coast Guard will issue a Broadcast
Notice to Mariners (BNM) via VHF-FM marine channel 16 about the zone
and the rule allows vessels to seek permission to transit 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.
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,
[[Page 73425]]
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 four hours on two separate dates that will prohibit
entry into the designated area. It is categorically excluded from
further review under paragraph L60(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.
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 record
keeping 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.T09-0610 to read as follows:
Sec. 165.T09 0610 Safety Zone; J5D Optic Line Replacement, Detroit
River, Detroit, MI.
(a) Location. A safety zone is established to include all U.S.
navigable waters of the Detroit River within 300 yards up-bound and 300
yards down-bound from the shore at position 42[deg]17.618' N,
083[deg]05.888' W (NAD 83) extending seaward to the international
boundary line.
(b) Enforcement period. This section establishes a safety zone from
8.a.m. November 24, 2020 through 7 p.m. on December 2, 2020. Each
safety zone will be enforced for a four hour period on November 24,
2020 and on December 1, 2020. In the case of inclement weather on those
dates, each safety zone will be enforced for a four hour period the day
after both stated dates.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port (COTP)
Detroit or a designated on-scene representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP Detroit or a designated on-scene
representative.
(3) The ``on-scene representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant or petty officer or a Federal, state,
or local law enforcement officer designated by the COTP Detroit to act
on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP Detroit or an on-scene representative to
obtain permission to do so. The COTP Detroit or an on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP Detroit or an on-scene
representative.
Dated: November 5, 2020.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port, Detroit.
[FR Doc. 2020-24946 Filed 11-17-20; 8:45 am]
BILLING CODE 9110-04-P
