Safety Zone; Gulf of Mexico, Port Fourchon, LA, 23279-23281 [2021-09233]
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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
comments the drawtender receives by
the waterway users. Caltrans will also
document any benefits to land traffic
during this period.
By requiring vessel operators to plan
in advance for an opening of the
drawspan, it is anticipated the expected
impacts to navigation during this test
deviation will be minimal. Vessels that
can transit the bridge, while closed, can
continue to do so at any time. The Coast
Guard will notify the boating public and
all other interested parties by formal
letter sent to all marinas within 25 miles
of the bridge. There is no alternative
route for vessels requiring an opening of
the drawspan.
The Coast Guard will also inform the
users of the waterway through our Local
and Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
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III. Information Requested
We are seeking comments from
waterway users to understand the
impacts of the contemplated change to
the operating schedule of Caltrans Route
4 highway bridge, across Old River, mile
14.8, between Victoria Island and Byron
Tract, California.
IV. Public Participation and Request for
Comments
We encourage you to submit
comments through the Federal portal at
https://www.regulations.gov. In your
submission, please include the docket
number for this notice of inquiry and
provide a reason for each suggestion or
recommendation. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this
temporary deviation as being available
in this docket, and all public comments,
will be in our online docket at https://
VerDate Sep<11>2014
17:00 Apr 30, 2021
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www.regulations.gov and can be viewed
by following that website’s instructions.
We review all comments received, but
we may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive. If you visit the online
docket and sign up for email alerts, you
will be notified when comments are
posted or if a final rule is published.
This document is issued under
authority of 5 U.S.C. 552 (a).
Dated: April 23, 2021.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2021–09202 Filed 4–30–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0290]
RIN 1625–AA00
Safety Zone; Gulf of Mexico, Port
Fourchon, LA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters within a one
nautical mile radius around a capsized
vessel in the Gulf of Mexico, near Port
Fourchon, LA. The temporary safety
zone is needed to protect life and
property during emergency salvage
operations surrounding the capsized
vessel. Entry of vessels or persons into
this zone and movement of vessels
within this zone is prohibited unless
specifically authorized by the Captain of
the Port Marine Safety Unit Houma or
a designated representative.
DATES: This rule is effective without
actual notice from May 3, 2021 through
June 15, 2021. For the purposes of
enforcement, actual notice will be used
from April 27, 2021 until May 3, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0290 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 Anthony
Romero, Waterways Management, U.S.
SUMMARY:
PO 00000
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23279
Coast Guard; telephone 985–850–6471,
email: Anthony.A.Romero@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
impractible. A safety zone is necessary
to facilitate search and rescue and
salvage operations surrounding a
capsized vessel. Immediate action is
needed to respond to the potential
safety hazards associated with recovery
salvage operations. We must establish
this safety zone by April 27, 2021 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 against the public
interest because immediate action is
needed to continue ongoing search and
rescue and salvage operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Marine Safety Unit
Houma (COTP) has determined that
potential hazards associated with the
response operations on April 27, 2021,
will be a safety concern for anyone
within a one nautical mile radius
around the capsized vessel in the South
Timbalier Block 22 of the Gulf of
Mexico at position 29°00′25.7877″ N,
090°11′52.9852″ W. This rule is needed
to protect life and property on the
navigable waters while response
operations are ongoing.
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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
IV. Discussion of the Rule
B. Impact on Small Entities
This rule establishes a temporary
safety zone from April 27, 2021 through
June 15, 2021. The safety zone will
cover all navigable waters within a one
nautical mile radius around position
2900′25.7877″ N, 09011′52.9852 W, in
South Timbalier Block 22 of the Gulf of
Mexico, near Port Fouchon, LA. The
duration of the zone is intended to
protect life and property on these
navigable waters for the duration of
emergency response operations related
to the capsized vessel. No vessel or
person will be permitted to enter and
move within the safety zone without
obtaining permission from 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 Marine Safety Unit Houma.
Vessels requiring entry into this safety
zone must request permission from the
COTP or a designated representative.
They may be contacted on VHF–FM
Channel 16 or 67. Persons and vessels
permitted to enter or to move within
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 periods and changes
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
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
temporary 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.
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.
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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.
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).
This regulatory action determination
is based on the limited scale of the
safety zone and the ease of vessel traffic
navigating around said zone.
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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
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
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 that will prohibit entry within a
one nautical mile radius of vessels and
machinery being used by personnel
response operations to a capsized
vessel. It is categorically excluded from
further review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is not
required but will be available in the
docket if necessary. For instructions on
locating the docket, see the ADDRESSES
section of this preamble.
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
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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
INFORMATION CONTACT
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:
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: April 27, 2021.
J.W. Russell,
Captain, U.S. Coast Guard, Captain of the
Port, Marine Safety Unit Houma.
Jamie.Coleman@fcc.gov. For
information regarding the PRA
information collection requirements
contained in this PRA, contact Nicole
Ongele, Office of Managing Director, at
(202) 418–2991 or Nicole.Ongele@
fcc.gov.
[FR Doc. 2021–09233 Filed 4–30–21; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
47 CFR Parts 2, 15, 90 and 95
[ET Docket No. 19–138; FCC 20–164; FR
ID 17510]
■
Use of the 5.850–5.925 GHz Band
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.
AGENCY:
2. Add § 165.T08–0290 to read as
follows:
SUMMARY:
■
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§ 165.T08–0290 Safety Zone; Gulf of
Mexico, Port Fourchon, LA.
(a) Location. The following area is a
safety zone: All navigable waters within
a one nautical mile radius of the
capsized vessel and emergency response
operations taking place at
29°11′25.7877″ N, 090°11′52.9852″ W.
(b) Effective period. This section is
effective without actual notice from May
3, 2021 through June 15, 2021. For the
purposes of enforcement, actual notice
will be used from April 27, 2021 until
May 3, 2021.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into or remaining within this zone is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
(COTP) or designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Marine Safety Unit Houma.
(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 (985) 850–6471.
(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
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
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23281
Federal Communications
Commission.
ACTION: Final rule.
In this document, the Federal
Communications Commission
(Commission) adopts revised rules to
repurpose the lower 45 megahertz of the
5.850–5.925 GHz band (5.9 GHz band)
for the expansion of unlicensed midband spectrum operations, while
retaining the upper 30 megahertz of
spectrum in the 5.9 GHz band for
intelligent transportation system (ITS)
operations. Splitting the 5.9 GHz band
between unlicensed and ITS uses is
intended to optimize use of the
spectrum resources in the 5.9 GHz band
to fully and effectively serve the
American people, providing access to
additional spectrum for unlicensed use
to help meet the growing demand for
wireless broadband, while retaining
spectrum for ITS use to meet current
and future ITS needs within the
transportation and vehicular-safety
related ecosystem. The Commission
modified the First Report and Order and
Order of Proposed Modification released
on November 20, 2020, with an Erratum
released on December 11, 2020. The
Commission released a Second Erratum
on February 9, 2021. The corrections
from these errata are included in this
document.
DATES: Effective July 2, 2021, except for
§ 90.372, which is delayed indefinitely.
The Commission will publish a
document in the Federal Register
announcing the effective date for
§ 90.372. The incorporation by reference
of certain publications listed in the rules
is approved by the Director of the
Federal Register as of July 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Jamie Coleman, Chief, Spectrum Policy
Branch, Office of Engineering and
Technology, at (202) 418–2705 or
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This is a
summary of the Commission’s First
Report and Order and Order of
Proposed Modification, ET Docket No.
19–138, FCC 20–164, adopted
November 18, 2020, and released
November 20, 2020. This document is
available by downloading the text from
the Commission’s website at https://
docs.fcc.gov/public/attachments/FCC20-164A1.pdf. When the FCC
Headquarters reopens to the public, the
full text of this document also will be
available for public inspection and
copying during regular business hours
in the FCC Reference Center, 45 L Street
NE, Washington, DC 20554. Alternative
formats are available for people with
disabilities (Braille, large print,
electronic files, audio format) by
sending an email to FCC504@fcc.gov or
calling the Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Final Regulatory Flexibility Analyses
The Regulatory Flexibility Act of
1980, as amended (RFA) requires that an
agency prepare a regulatory flexibility
analysis for notice and comment
rulemakings, unless the agency certifies
that ‘‘the rule will not, if promulgated,
have a significant economic impact on
a substantial number of small entities.’’
As required by the RFA, an Initial
Regulatory Flexibility Analysis (IRFA)
was incorporated in the Notice of
Proposed Rulemaking (NPRM) (85 FR
6841, Feb. 6, 2020). The Commission
sought written public comment on the
proposals in the NPRM, including
comments on the IRFA. No comments
were filed addressing the IRFA.
Accordingly, the Commission has
prepared a Final Regulatory Flexibility
Analysis (FRFA) concerning the
possible impact of the rule changes
contained in this First Report and Order
on small entities. This present FRFA
conforms to the RFA.
Paperwork Reduction Act
The requirements in § 90.372
constitute new or modified collections
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. They
will be submitted to the Office of
Management and Budget (OMB) for
review under section 3507(d) of the
PRA. OMB, the general public, and
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]]>Agencies
[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Rules and Regulations]
[Pages 23279-23281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09233]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0290]
RIN 1625-AA00
Safety Zone; Gulf of Mexico, Port Fourchon, LA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within a one nautical mile radius around a
capsized vessel in the Gulf of Mexico, near Port Fourchon, LA. The
temporary safety zone is needed to protect life and property during
emergency salvage operations surrounding the capsized vessel. Entry of
vessels or persons into this zone and movement of vessels within this
zone is prohibited unless specifically authorized by the Captain of the
Port Marine Safety Unit Houma or a designated representative.
DATES: This rule is effective without actual notice from May 3, 2021
through June 15, 2021. For the purposes of enforcement, actual notice
will be used from April 27, 2021 until May 3, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0290 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 Anthony Romero, Waterways
Management, U.S. Coast Guard; telephone 985-850-6471, 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 impractible. A safety zone is
necessary to facilitate search and rescue and salvage operations
surrounding a capsized vessel. Immediate action is needed to respond to
the potential safety hazards associated with recovery salvage
operations. We must establish this safety zone by April 27, 2021 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 against the public interest because immediate action
is needed to continue ongoing search and rescue and salvage operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Marine Safety Unit Houma (COTP) has
determined that potential hazards associated with the response
operations on April 27, 2021, will be a safety concern for anyone
within a one nautical mile radius around the capsized vessel in the
South Timbalier Block 22 of the Gulf of Mexico at position
29[deg]00'25.7877'' N, 090[deg]11'52.9852'' W. This rule is needed to
protect life and property on the navigable waters while response
operations are ongoing.
[[Page 23280]]
IV. Discussion of the Rule
This rule establishes a temporary safety zone from April 27, 2021
through June 15, 2021. The safety zone will cover all navigable waters
within a one nautical mile radius around position 2900'25.7877'' N,
09011'52.9852 W, in South Timbalier Block 22 of the Gulf of Mexico,
near Port Fouchon, LA. The duration of the zone is intended to protect
life and property on these navigable waters for the duration of
emergency response operations related to the capsized vessel. No vessel
or person will be permitted to enter and move within the safety zone
without obtaining permission from 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 Marine Safety Unit Houma. Vessels requiring
entry into this safety zone must request permission from the COTP or a
designated representative. They may be contacted on VHF-FM Channel 16
or 67. Persons and vessels permitted to enter or to move within 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 periods and changes 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. 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).
This regulatory action determination is based on the limited scale
of the safety zone and the ease of vessel traffic navigating around
said 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
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit entry within a one nautical mile radius
of vessels and machinery being used by personnel response operations to
a capsized vessel. It is categorically excluded from further review
under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is not required but will be available in
the docket if necessary. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
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
[[Page 23281]]
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.T08-0290 to read as follows:
Sec. 165.T08-0290 Safety Zone; Gulf of Mexico, Port Fourchon, LA.
(a) Location. The following area is a safety zone: All navigable
waters within a one nautical mile radius of the capsized vessel and
emergency response operations taking place at 29[deg]11'25.7877'' N,
090[deg]11'52.9852'' W.
(b) Effective period. This section is effective without actual
notice from May 3, 2021 through June 15, 2021. For the purposes of
enforcement, actual notice will be used from April 27, 2021 until May
3, 2021.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into or remaining within this zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit (COTP)
or designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG)
assigned to units under the operational control of USCG Marine Safety
Unit Houma.
(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 (985) 850-6471.
(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 COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: April 27, 2021.
J.W. Russell,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit
Houma.
[FR Doc. 2021-09233 Filed 4-30-21; 8:45 am]
BILLING CODE 9110-04-P
