Safety Zone; Lower Mississippi River, Mile Marker 770, Randolph Bluff, TN, 24710-24712 [2021-09865]
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
in-vitro diagnostic reagents/test kits; but
does not include devices or their
components, parts, or accessories.
Contraceptives, including condoms, are
not included in this definition.
Prohibited sources means countries to
which assistance is prohibited by the
annual appropriations acts of Congress
or other statutes, or those subject to
other executive branch restrictions, such
as applicable sanctions administered by
the U.S. Treasury Department’s Office of
Foreign Assets Control. USAID
maintains a list of prohibited sources,
available in USAID’s Automated
Directives System, ADS 310.
Recipients and contractors. Recipient
has the same meaning as defined in 22
CFR 226.02, except that it shall include
non-U.S. individuals, entities and
organizations, as well as subrecipients.
Contractors mean those entities which
enter into a contract, as the term is
defined in 48 CFR part 2, with the U.S.
Government, and includes
subcontractors.
Services means the performance of
identifiable tasks, rather than the
delivery of an end item of supply.
Source means the country from which
a commodity is shipped to the
cooperating/recipient country or the
cooperating/recipient country itself if
the commodity is located therein at the
time of the purchase, irrespective of the
place of manufacture or production,
unless it is a prohibited source country.
Where, however, a commodity is
shipped from a free port or bonded
warehouse in the form in which
received therein, ‘‘source’’ means the
country from which the commodity was
shipped to the free port or bonded
warehouse.
Supplier means any person or
organization, governmental or
otherwise, who furnishes services,
commodities, and/or commodity related
services, including delivery or
incidental services, financed by USAID.
United States means the United States
of America, any State(s) of the United
States, the District of Columbia, and
areas of U.S. associated sovereignty,
including commonwealths, territories,
and possessions.
USAID means the United States
Agency for International Development
or any successor agency, including
when applicable, each USAID Mission
or office abroad.
USAID Principal Geographic Code
means a USAID code which designates
a country, a group of countries, or an
otherwise defined area. The USAID
principal geographic codes for purposes
of procurement are described in
§ 228.03.
■ 3. Revise § 228.11 to read as follows:
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16:22 May 07, 2021
Jkt 253001
§ 228.11
Source of commodities.
The source of all commodities
financed with Federal program funds
appropriated under the Foreign
Assistance Act of 1961, as amended,
shall be Code 937 (unless Code 935 or
110 are designated in the implementing
instrument). Procurements of
agricultural commodities, motor
vehicles, and pharmaceuticals must also
comply with the special procurement
rules in § 228.19. Recipients and
contractors are prohibited from engaging
suppliers of commodities in an
authorized country to import
commodities from a country outside of
the authorized principal geographic
codes for the purposes of circumventing
the requirements of this section. Any
violation of the prohibition in the
preceding sentence will result in the
disallowance by USAID of the cost of
the procurement of the subject
commodity.
■ 4. Revise § 228.30 to read as follows:
§ 228.30
[FR Doc. 2021–09821 Filed 5–7–21; 8:45 am]
BILLING CODE 6116–02–P
General.
USAID may waive the rules contained
in subparts A, B, and C of this part
(except for prohibited sources as
defined in § 228.01, and §§ 228.21 and
228.22), in order to accomplish project
or program objectives. For any waivers
authorized, the principal geographic
code shall be Code 935, any area or
country but excluding prohibited
sources. All waivers must be in writing,
and where applicable, are limited to the
term established by the waiver. All
waiver decisions will be made solely on
the basis of the following criteria:
(a) Waivers to permit procurement
outside of Code 937 or 110 must be
based on a case by case determination
that:
(1) The provision of assistance
requires commodities or services of the
type that are not produced in and
available for purchase in Code 937 or
110;
(2) It is important to permit
procurement from a country not
specified in Code 937 or 110 to meet
unforeseen circumstances; or
(3) To promote efficiency in the use
of United States foreign assistance
resources, including to avoid
impairment of foreign assistance
objectives.
(b) Case by case waivers under
paragraph (a) of this section may be
made on the basis of a commodity or
service type or category, rather than
processing repeat, individual waivers
for an identical or substantially similar
commodity or service. Such waivers
may be approved on a regional, country,
or program basis. For purposes of
paragraph (a)(1) of this section,
PO 00000
‘‘produced in and available for purchase
in’’ shall have the same meaning as the
definition of ‘‘available for purchase’’ in
§ 228.01. A waiver under paragraph
(a)(1) of this section may also be based
on the fact that a commodity is not
available for purchase in Code 937 or
110 in sufficient, reasonable, and
available quantities or sufficient and
reasonable quality that is fit for the
intended purpose.
(c) A waiver to authorize procurement
from outside the United States of
agricultural commodities, motor
vehicles, and pharmaceuticals must
meet the requirements of § 228.19.
(d) Any individual transaction not
exceeding $25,000 (excluding those
covered by special procurement rules in
§ 228.19, and excluding procurements
from prohibited sources) does not
require a waiver and is hereby
authorized.
Frm 00012
Fmt 4700
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0287]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
Mile Marker 770, Randolph Bluff, TN
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 (LMR), Mile Marker
762 through 782. The safety zone is
needed to protect persons, property, and
the marine environment from the
potential safety hazards associated with
a rock replacement project in the
vicinity of Randolph Bluff, TN. 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.
SUMMARY:
This rule is effective without
actual notice from May 10, 2021 until
May 31, 2021. For the purposes of
enforcement, actual notice will be used
from April 27, 2021, until May 10, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0287 in the ‘‘SEARCH’’ box and click
DATES:
E:\FR\FM\10MYR1.SGM
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
‘‘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, U.S.
Coast Guard; telephone 901–521–4813,
email Lindsey.M.Swindle@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Lower
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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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. Immediate action is
needed to protect persons and property
from the potential safety hazards
associated with the rock replacement
project. The NPRM process would delay
the establishment of the safety zone
until after the date of the event and
compromise public safety. We must
establish this temporary safety zone
immediately and lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the rock
replacement project in the vicinity of
Randolph Bluff, TN.
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
VerDate Sep<11>2014
16:22 May 07, 2021
Jkt 253001
determined that potential hazards
associated with the rock replacement
project, would be a safety concern for all
persons and vessels on the Lower
Mississippi River between Mile Marker
(MM) 762 and MM 782 in the vicinity
of Randolph Bluff, TN. This rule is
needed to protect persons, property,
infrastructure, and the marine
environment in all waters of the LMR
within the safety zone while the rock
replacement project are being
conducted.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from April 27, 2021 through
May 31, 2021. The safety zone will
cover all navigable waters of the LMR
from MM 762 through MM 782 in the
vicinity of Randolph Bluff, TN. The
duration of this safety zone is intended
to ensure the safety of waterway users
on these navigable waters during the
rock replacement project.
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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
PO 00000
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Sfmt 4700
24711
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, and
duration of the safety zone. This
emergency safety zone will temporarily
restrict navigation on the LMR at MM
762 through 782 in the vicinity of
Randoloh Bluff, TN., from April 27,
2021 through May 31, 2021. Moreover,
The Coast Guard will issue Broadcast
Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins
(MSIBs), as appropriate. 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
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
E:\FR\FM\10MYR1.SGM
10MYR1
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD with RULES
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
temporary safety zone on the LMR at
MM 762 through 782 in the vicinity of
VerDate Sep<11>2014
16:22 May 07, 2021
Jkt 253001
Randolph Bluff, TN, that will prohibit
entry into this zone. The safety zone
will only be enforced while operations
preclude the safe navigation of the
established channel. 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
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS
AREAS.
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0287 to read as
follows:
■
§ 165.T08–0287 Safety Zone; Lower
Mississippi River, Mile Marker 770,
Randolph Bluff, TN.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River at Mile Marker
(MM) 762 through 782 in the vicinity of
Randolph Bluff, TN.
(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. 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.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
(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) Effective period. This section is
effective from April 27, 2021 until May
31, 2021.
(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,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
appropriate.
Dated: April 22, 2021.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2021–09865 Filed 5–7–21; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Parts 3 and 10
Bylaws of the Board of Governors of
the United States Postal Service
Postal ServiceTM.
ACTION: Final rule; technical
amendments.
AGENCY:
This document includes
several technical edits to the Bylaws of
the Board of Governors to follow recent
amendments to these regulations. This
document also updates the provisions
concerning financial reporting.
DATES: Effective May 10, 2021.
FOR FURTHER INFORMATION CONTACT:
Michael J. Elston, Secretary of the Board
of Governors, michael.j.elston@
usps.gov, 202–268–4800.
SUPPLEMENTARY INFORMATION: On
November 13, 2020, the Board of
Governors approved amendments to its
Bylaws to address a variety of issues.
The Postal Service published the
revised Bylaws in the Federal Register
on February 18, 2021, and the changes
were effective as of this same date. The
Postal Service is now making several
technical corrections following these
changes. In addition, the Postal Service
is updating the Bylaw provisions that
concern financial reporting for the
Board of Governors.
SUMMARY:
List of Subjects
39 CFR Part 3
Board of Governors.
E:\FR\FM\10MYR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24710-24712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09865]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0287]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Mile Marker 770, Randolph
Bluff, TN
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 (LMR), Mile Marker
762 through 782. The safety zone is needed to protect persons,
property, and the marine environment from the potential safety hazards
associated with a rock replacement project in the vicinity of Randolph
Bluff, TN. 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 without actual notice from May 10, 2021
until May 31, 2021. For the purposes of enforcement, actual notice will
be used from April 27, 2021, until May 10, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0287 in the ``SEARCH'' box and click
[[Page 24711]]
``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, 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 Sector Lower Mississippi River
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. Immediate action
is needed to protect persons and property from the potential safety
hazards associated with the rock replacement project. The NPRM process
would delay the establishment of the safety zone until after the date
of the event and compromise public safety. We must establish this
temporary safety zone immediately and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the rock replacement project in the vicinity of Randolph Bluff,
TN.
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 rock replacement project, would be a safety concern
for all persons and vessels on the Lower Mississippi River between Mile
Marker (MM) 762 and MM 782 in the vicinity of Randolph Bluff, TN. This
rule is needed to protect persons, property, infrastructure, and the
marine environment in all waters of the LMR within the safety zone
while the rock replacement project are being conducted.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from April 27, 2021
through May 31, 2021. The safety zone will cover all navigable waters
of the LMR from MM 762 through MM 782 in the vicinity of Randolph
Bluff, TN. The duration of this safety zone is intended to ensure the
safety of waterway users on these navigable waters during the rock
replacement project.
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. 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 size,
location, and duration of the safety zone. This emergency safety zone
will temporarily restrict navigation on the LMR at MM 762 through 782
in the vicinity of Randoloh Bluff, TN., from April 27, 2021 through May
31, 2021. Moreover, The Coast Guard will issue Broadcast Notices to
Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate. 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
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
[[Page 24712]]
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
temporary safety zone on the LMR at MM 762 through 782 in the vicinity
of Randolph Bluff, TN, that will prohibit entry into this zone. The
safety zone will only be enforced while operations preclude the safe
navigation of the established channel. 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 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.T08-0287 to read as follows:
Sec. 165.T08-0287 Safety Zone; Lower Mississippi River, Mile Marker
770, Randolph Bluff, TN.
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River at Mile Marker (MM) 762 through
782 in the vicinity of Randolph Bluff, TN.
(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. 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.
(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) Effective period. This section is effective from April 27, 2021
until May 31, 2021.
(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, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts, as appropriate.
Dated: April 22, 2021.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2021-09865 Filed 5-7-21; 8:45 am]
BILLING CODE 9110-04-P
