Safety Zone; Lower Mississippi River, Mile Marker 770, Randolph Bluff, TN, 24710-24712 [2021-09865]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES 24710 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: VerDate Sep<11>2014 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 Sfmt 4700 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 10MYR1 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 khammond on DSKJM1Z7X2PROD with RULES 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 Frm 00013 Fmt 4700 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 24712 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 10MYR1

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