Safety Zone; Lower Mississippi River, Natchez, MS, 79854-79856 [2020-26866]
Download as PDF
<![CDATA[
79854
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Rules and Regulations
d. Revising paragraph
(c)(7)(viii)(A)(4)(i).
■ e. Redesignating paragraph
(c)(8)(iii)(C)(2)(vii) as paragraph
(c)(8)(iii)(C)(2)(vii).
■ f. Removing ‘‘DE1Y’’ in paragraph
(c)(8)(iii)(D)(6)(i) and adding in its place
‘‘FDE1Y’’.
■ g. Removing ‘‘CFC1X’’ in paragraph
(c)(8)(iii)(D)(6)(iii) and adding in its
place ‘‘CFC2X’’.
The revisions read as follows:
■
§ 1.951A–2
Tested income and tested loss.
jbell on DSKJLSW7X2PROD with RULES
*
*
*
*
*
(c) * * *
(3) * * *
(ii) * * *
(B) * * * Therefore, for example,
interest expense that is apportioned
under the modified gross income
method to a tentative gross tested
income item of a lower-tier corporation
under paragraph (c)(7)(iii)(A) of this
section may be allocated and
apportioned to the tested income of the
upper-tier corporation or to the residual
grouping, depending on whether the
lower-tier corporation’s tentative gross
tested income item is an item of gross
tested income or is excluded from gross
tested income under the high-tax
exclusion. * * *
*
*
*
*
*
(7) * * *
(iii) * * *
(B) * * *
(2) In the case of payments to a tested
unit that is treated as a foreign branch
under paragraph (c)(7)(iii)(B)(1) of this
section, applying the principles of
§ 1.904–6(a)(2)(ii) and (iii) as if the
tested unit receiving the payment were
a foreign branch owner (and as if the
tested unit making the payment were a
foreign branch); and
*
*
*
*
*
(viii) * * *
(A) * * *
(2) * * *
(ii) Each United States shareholder
that owns within the meaning of section
958(a) (including both domestic
partnerships that are United States
shareholders that own stock within the
meaning of section 958(a) without
regard to § 1.951A–1(e)(1) and partners
of a domestic partnership that are
United States shareholders that are
treated as owning stock withing the
meaning of section 958(a) by reason of
§ 1.951A–1(e)(1)) stock of the controlled
foreign corporation as of the end of the
CFC’s taxable year to which the election
relates must file amended Federal
income tax returns (or timely original
federal income tax returns if a return
has not yet been filed) reflecting the
VerDate Sep<11>2014
22:08 Dec 10, 2020
Jkt 253001
effect of such election (or revocation) for
the U.S. shareholder inclusion year with
or within which the CFC inclusion year
ends as well as for any other taxable
year in which the U.S. tax liability of
the United States shareholder would be
increased by reason of the election (or
revocation) (or in the case of a
partnership if any item reported by the
partnership or any partnership-related
item would change as a result of the
election (or revocation)) within a single
period no greater than six months
within the 24-month period described
in paragraph (c)(7)(viii)(A)(2)(i) of this
section; and
*
*
*
*
*
(4) A United States shareholder that is
a partner in a partnership that is also a
United States shareholder in the
controlled foreign corporation must
generally file an amended return, as
required under paragraph
(c)(7)(viii)(A)(2)(ii) of this section, and
must generally pay any additional tax
owed as required under paragraph
(c)(7)(viii)(A)(2)(iii) of this section.
* * *
(i) The partnership timely files an
administrative adjustment request
described in paragraph
(c)(7)(viii)(A)(2)(i) or (ii) of this section,
as applicable; and,
*
*
*
*
*
Crystal Pemberton,
Senior Federal Register Liaison, Publications
and Regulations Branch, Legal Processing
Division, Associate Chief Counsel, (Procedure
and Administration).
[FR Doc. 2020–25371 Filed 12–10–20; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0641]
RIN 1625–AA08
Safety Zone; Lower Mississippi River,
Natchez, MS
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Lower
Mississippi River between Mile Marker
(MM) 364.5 and MM 365.5. This action
is necessary to provide for the safety of
persons, vessels, and the marine
environment during a fireworks display.
Entry of persons or vessels into this
SUMMARY:
PO 00000
Frm 00076
Fmt 4700
Sfmt 4700
zone is prohibited unless authorized by
the Captain of the Port Sector Lower
Mississippi River or a designated
representative.
This rule is effective from 4 p.m.
through 7 p.m. on December 31, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0641 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MSTC Lindsey Swindle, Sector
Lower Mississippi River, U.S. Coast
Guard; telephone 901–521–4813, email
Lindsey.M.Swindle@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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. We must establish this
safety zone by December 31, 2020, and
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
this rule. The NPRM process would
delay the establishment of the safety
zone until after the date of the event and
compromise public safety
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is necessary
to protect persons and property from the
potential hazards associated with the
fireworks display.
E:\FR\FM\11DER1.SGM
11DER1
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Rules and Regulations
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 Lower
Mississippi River (COTP) has
determined that potential hazards
associated with the fireworks display
located at mile marker (MM) 365.0 on
the Lower Mississippi River and
scheduled for 4 p.m. on December 31,
2020, would be a safety concern for all
persons and vessels on the Lower
Mississippi River between MM 364.5
and MM 365.5 from 4 p.m. through 7
p.m. on December 31, 2020. Hazards
associated with the firework displays
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. This
rule is necessary to ensure the safety of
persons, vessels, and the marine
environment on these navigable waters
before, during, and after the fireworks.
IV. Discussion of the Rule
jbell on DSKJLSW7X2PROD with RULES
This rule establishes a temporary
safety zone from 4 p.m. through 7 p.m.
on December 31, 2020. The safety zone
will cover all navigable waters of the
Lower Mississippi River from MM 364.5
to MM 365.5. The duration of this safety
zone is intended to ensure the safety of
waterway users on these navigable
waters before, during, and after the
scheduled fireworks display.
Entry of persons or vessels into this
safety zone is prohibited unless
authorized by the COTP or a 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
Lower Mississippi River. Persons or
vessels seeking to enter the safety zones
must request permission from the COTP
or a designated representative on VHF–
FM channel 16 or by telephone at 901–
521–4822. If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
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
VerDate Sep<11>2014
22:08 Dec 10, 2020
Jkt 253001
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the safety zone. Vessel
traffic will be prohibited from entering
this safety zone, which will impact a
one-mile stretch of Lower Mississippi
River for three hours on one evening.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the safety
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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
79855
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.
E:\FR\FM\11DER1.SGM
11DER1
79856
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Rules and Regulations
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 that will prohibit entry on a onemile stretch of the Lower Mississippi
River for three hours on one evening. It
is categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of UDHS
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
List of Subjects in 33 CFR Part 165
BILLING CODE 9110–04–P
Federal Student Aid Programs
(Student Assistance General
Provisions, Federal Perkins Loan
Program, William D. Ford Federal
Direct Loan Program, and FederalWork Study Programs)
The Secretary is issuing
updated waivers and modifications of
statutory and regulatory provisions
governing the Federal student financial
aid programs under the authority of the
Higher Education Relief Opportunities
for Students Act of 2003 (HEROES Act
or Act). The HEROES Act requires the
Secretary to publish, in a document in
the Federal Register, the waivers or
modifications of statutory or regulatory
provisions applicable to the student
financial assistance programs under title
IV of the Higher Education Act of 1965,
as amended (HEA), to assist individuals
who are performing qualifying military
service, and individuals who are
affected by a disaster, war, or other
military operation or national
emergency, as described in the
SUPPLEMENTARY INFORMATION section of
this document. On March 13, 2020,
SUMMARY:
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.T08–0641 to read as
follows:
■
§ 165.T08–0641 Safety Zone; Lower
Mississippi River, Natchez, MS.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River from Mile
Marker (MM) 364.5 through MM 365.5.
Jkt 253001
34 CFR parts 600, 602, 668, 673, 674,
682, and 685
Office of Postsecondary
Education, Department of Education.
ACTION: Updated waivers and
modifications of statutory and
regulatory provisions.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS
AREAS.
jbell on DSKJLSW7X2PROD with RULES
[FR Doc. 2020–26866 Filed 12–10–20; 8:45 am]
AGENCY:
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:
22:08 Dec 10, 2020
Dated: December 2, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
DEPARTMENT OF EDUCATION
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.
VerDate Sep<11>2014
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Lower Mississippi
River (COTP) or the COTP’s designated
representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16
or by telephone at 901–521–4822. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(c) Enforcement period. This section
will be enforced 4 p.m. through 7 p.m.
on December 31, 2020. Periods of
activation will be promulgated by
Broadcast Notice to Mariners.
PO 00000
Frm 00078
Fmt 4700
Sfmt 4700
President Trump declared a national
emergency based on the COVID–19
outbreak. (Proclamation on Declaring a
National Emergency Concerning the
Novel Coronavirus Disease (COVID–19)
Outbreak, available at https://
www.whitehouse.gov/presidentialactions/proclamation-declaringnational-emergency-concerning-novelcoronavirus-disease-covid-19outbreak/).
DATES: Effective December 11, 2020. The
waivers and modifications in this
document expire as noted within each
of the provisions below, unless
extended by the Secretary in a
document published in the Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Barbara Hoblitzell, by telephone: (202)
453–7583 or by email:
Barbara.Hoblitzell@ed.gov, or Gregory
Martin, by telephone: (202) 453–7535 or
by email: Gregory.Martin@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
The Secretary is issuing these waivers
and modifications under the authority
of the HEROES Act, as codified at 20
U.S.C. 1098bb(a)(2), which authorizes
the Secretary to waive or modify any
statutory or regulatory provision
applicable to the Federal student
financial assistance programs under title
IV of the HEA, 20 U.S.C. 1070 et seq.,
as the Secretary deems necessary in
connection with a war or other military
operation or national emergency to
affected individuals who are recipients
of Federal student financial assistance
under title IV of the HEA, institutions of
higher education (IHEs), eligible
lenders, guaranty agencies, and other
entities participating in the Federal
student assistance programs under title
IV of the HEA that are located in areas
that are declared disaster areas by any
Federal, State, or local official in
connection with a national emergency,
or whose operations are significantly
affected by such a disaster. These
entities may be granted temporary relief
from requirements that are rendered
infeasible or unreasonable by a national
emergency, including due diligence
requirements and reporting deadlines.
In 20 U.S.C. 1098bb(b)(1), the
HEROES Act further provides that
section 437 of the General Education
Provisions Act (20 U.S.C. 1232) and
section 553 of the Administrative
Procedure Act (5 U.S.C. 553) do not
apply to the contents of this document.
E:\FR\FM\11DER1.SGM
11DER1
]]>Agencies
[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Rules and Regulations]
[Pages 79854-79856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26866]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0641]
RIN 1625-AA08
Safety Zone; Lower Mississippi River, Natchez, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Lower Mississippi River between Mile Marker
(MM) 364.5 and MM 365.5. This action is necessary to provide for the
safety of persons, vessels, and the marine environment during a
fireworks display. Entry of persons or vessels into this zone is
prohibited unless authorized by the Captain of the Port Sector Lower
Mississippi River or a designated representative.
DATES: This rule is effective from 4 p.m. through 7 p.m. on December
31, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0641 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MSTC Lindsey Swindle, Sector Lower Mississippi River,
U.S. Coast Guard; telephone 901-521-4813, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
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. We must
establish this safety zone by December 31, 2020, and lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing this rule. The NPRM process would delay the
establishment of the safety zone until after the date of the event and
compromise public safety
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is necessary
to protect persons and property from the potential hazards associated
with the fireworks display.
[[Page 79855]]
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 Lower
Mississippi River (COTP) has determined that potential hazards
associated with the fireworks display located at mile marker (MM) 365.0
on the Lower Mississippi River and scheduled for 4 p.m. on December 31,
2020, would be a safety concern for all persons and vessels on the
Lower Mississippi River between MM 364.5 and MM 365.5 from 4 p.m.
through 7 p.m. on December 31, 2020. Hazards associated with the
firework displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. This rule is
necessary to ensure the safety of persons, vessels, and the marine
environment on these navigable waters before, during, and after the
fireworks.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 4 p.m. through 7
p.m. on December 31, 2020. The safety zone will cover all navigable
waters of the Lower Mississippi River from MM 364.5 to MM 365.5. The
duration of this safety zone is intended to ensure the safety of
waterway users on these navigable waters before, during, and after the
scheduled fireworks display.
Entry of persons or vessels into this safety zone is prohibited
unless authorized by the COTP or a 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 Lower Mississippi River. Persons or vessels seeking to
enter the safety zones must request permission from the COTP or a
designated representative on VHF-FM channel 16 or by telephone at 901-
521-4822. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or 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, and duration of the safety zone. Vessel traffic will be
prohibited from entering this safety zone, which will impact a one-mile
stretch of Lower Mississippi River for three hours on one evening.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the safety 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
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.
[[Page 79856]]
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 that will prohibit entry on a one-mile stretch of the Lower
Mississippi River for three hours on one evening. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of UDHS 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.T08-0641 to read as follows:
Sec. 165.T08-0641 Safety Zone; Lower Mississippi River, Natchez, MS.
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River from Mile Marker (MM) 364.5
through MM 365.5.
(b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the Captain of the
Port Sector Lower Mississippi River (COTP) or the COTP's designated
representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM channel 16 or by telephone at 901-521-4822.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(c) Enforcement period. This section will be enforced 4 p.m.
through 7 p.m. on December 31, 2020. Periods of activation will be
promulgated by Broadcast Notice to Mariners.
Dated: December 2, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2020-26866 Filed 12-10-20; 8:45 am]
BILLING CODE 9110-04-P
