Safety Zone; Lower Mississippi River, Mile Marker 365, Natchez, MS, 26386-26388 [2021-10256]

Download as PDF 26386 Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations number of small entities under the criteria of the Regulatory Flexibility Act. Lists of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, Navigation (Air). Issued in Washington, DC on April 30, 2021. Wade Terrell, Aviation Safety, Manager, Flight Procedures & Airspace Group, Flight Technologies and Procedures Division. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CRF part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES Spartanburg, SC, KSPA, ILS OR LOC RWY 5, Amdt 2 Spartanburg, SC, KSPA, RNAV (GPS) RWY 5, Amdt 1 Dickson, TN, Dickson Muni, Takeoff Minimums and Obstacle DP, Amdt 3 Houston, TX, KIAH, GLS RWY 27, Amdt 1C Medford, WI, KMDZ, RNAV (GPS) RWY 9, Amdt 1 Medford, WI, KMDZ, RNAV (GPS) RWY 27, Amdt 1 RESCINDED: On April 26, 2021 (86 FR 21932), the FAA published an Amendment in Docket No. 31366 Amdt No. 3953, to Part 97 of the Federal Aviation Regulations under section 97.29 and 97.33. The following entries for Gary, IN, effective June 17, 2021, are hereby rescinded in their entirety: Gary, IN, KGYY, ILS OR LOC RWY 30, Amdt 7 Gary, IN, KGYY, RNAV (GPS) Y RWY 12, Amdt 3 Gary, IN, KGYY, RNAV (GPS) Y RWY 30, Amdt 2 Gary, IN, KGYY, RNAV (RNP) Z RWY 12, Amdt 2 Gary, IN, KGYY, RNAV (RNP) Z RWY 30, Amdt 2 [FR Doc. 2021–10205 Filed 5–13–21; 8:45 am] BILLING CODE 4910–13–P 1. The authority citation for part 97 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721–44722. 2. Part 97 is amended to read as follows: DEPARTMENT OF HOMELAND SECURITY Coast Guard khammond on DSKJM1Z7X2PROD with RULES ■ 33 CFR Part 165 Effective 17 June 2021 Big Lake, AK, PAGQ, RNAV (GPS) RWY 7, Amdt 2 Big Lake, AK, PAGQ, RNAV (GPS RWY 25, Amdt 2 Big Lake, AK, PAGQ, VOR RWY 7, Amdt 7B Venetie, AK, Venetie, Takeoff Minimums and Obstacle DP, Amdt 1 Venetie, AK, Venetie, Venetie Three Graphic DP Bay Minette, AL, 1R8, RNAV (GPS) RWY 8, Amdt 2A Bay Minette, AL, 1R8, RNAV (GPS) RWY 26, Orig-E Daytona Beach, FL, KDAB, RNAV (GPS) RWY 25L, Amdt 1D Cynthiana, KY, 0I8, RNAV (GPS) RWY 11, Orig-B Cynthiana, KY, 0I8, RNAV (GPS) RWY 29, Orig-B Beverly, MA, KBVY, LOC RWY 16, Amdt 8 Beverly, MA, Beverly Rgnl, VOR RWY 16, Amdt 5E, CANCELLED Sanford, ME, KSFM, RNAV (GPS) RWY 32, Amdt 1 Ennis, MT, Ennis-Big Sky, Ennis Two Graphic DP Ennis, MT, Ennis-Big Sky, Takeoff Minimums and Obstacle DP, Amdt 1 Rochester, NH, KDAW, RNAV (GPS) RWY 33, Amdt 1 Rochester, NH, KDAW, VOR/DME–A, Amdt 2A, CANCELLED Schenectady, NY, KSCH, RNAV (GPS) RWY 4, Orig-D VerDate Sep<11>2014 16:17 May 13, 2021 Jkt 253001 [Docket Number USCG–2021–0230] RIN 1625–AA00 Safety Zone; Lower Mississippi River, Mile Marker 365, Natchez, MS 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 of the Lower Mississippi River (LMR), Mile Markers 364.5 through 365.5. The safety zone is needed to protect persons, property, and the marine environment from the potential safety hazards associated with a fireworks display in the vicinity of Natchez, MS. Entry of persons or vessels into this zone is prohibited unless authorized by the Captain of the Port Sector Lower Mississippi River or a designated representative. DATES: This rule is effective from 4 p.m. through 7 p.m. on May 15, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0230 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket SUMMARY: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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 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 a fireworks display in the vicinity of Natchez, MS. 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 firework display in the vicinity of Natchez, MS. 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 E:\FR\FM\14MYR1.SGM 14MYR1 Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations associated with the firework display, would be a safety concern for all persons and vessels on the Lower Mississippi River between Mile Marker (MM) 364.5 and MM 365.5 in the vicinity of Natchez, MS. This rule is needed to protect persons, property, infrastructure, and the marine environment in all waters of the LMR within the safety zone during the firework display. IV. Discussion of the Rule This rule establishes a temporary safety zone on May 15, 2021. The safety zone will cover all navigable waters of the LMR from MM 364.5 through MM 365.5 in the vicinity of Natchez, MS. The duration of this safety zone is intended to ensure the safety of waterway users on these navigable waters during the firework display. Entry of persons or vessels into this safety zone is prohibited unless authorized by the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Lower Mississippi River. Persons or vessels seeking to enter the safety zones must request permission from the COTP or a designated representative on VHF– FM channel 16 or by telephone at 901– 521–4822. If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/ or Marine Safety Information Bulletins (MSIBs), as appropriate. khammond on DSKJM1Z7X2PROD with RULES 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). VerDate Sep<11>2014 16:17 May 13, 2021 Jkt 253001 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 Natchez, MS on May 15, 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 small entities that question or complain about this rule or any policy or action of the Coast Guard. PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 26387 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 364.5 through 365.5 in the vicinity of Natchez, MS that will prohibit entry into this zone.. It is categorically excluded from further review under paragraph L60 of Appendix A, Table 1 E:\FR\FM\14MYR1.SGM 14MYR1 26388 Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations 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: Dated: May 5, 2021. R.S. Rhodes, Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi River. [FR Doc. 2021–10256 Filed 5–13–21; 8:45 am] BILLING CODE 9110–04–P 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.T08–0230 to read as follows: ■ khammond on DSKJM1Z7X2PROD with RULES § 165.T08–0230 Safety Zone; Lower Mississippi River, Mile Marker 365, Natchez, MS. (a) Location. The following area is a safety zone: All navigable waters of the Lower Mississippi River from Mile Marker (MM) 364.5 through 365.5 in the vicinity of Natchez, MS. (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. VerDate Sep<11>2014 16:17 May 13, 2021 Jkt 253001 (3) 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. (c) Effective period. This section is effective from 4 p.m. through 7 p.m. on May 15, 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. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2020–0157; FRL–10023– 27–Region 3] Air Plan Approval; Pennsylvania; Allegheny County Area Attainment Plan for the 2012 Fine Particulate Matter National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving most elements of a state implementation plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD) to address Clean Air Act (CAA or ‘‘the Act’’) requirements for the 2012 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ‘‘standards’’) in the Allegheny County Moderate PM2.5 nonattainment area (the ‘‘Allegheny County Area,’’ or ‘‘the Area’’). The revision constitutes a comprehensive plan to ensure the Allegheny County Area’s timely attainment of the 2012 PM2.5 NAAQS. EPA is approving this revision to the Pennsylvania SIP in accordance with the requirements of the CAA. SUMMARY: PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 This final rule is effective on June 14, 2021. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2020–0157. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Brian Rehn, Planning & Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–2176. Mr. Rehn can also be reached via electronic mail at rehn.brian@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. DATES: Table of Contents I. Background II. Summary of SIP Revision and EPA Proposed Action III. Public Comments and EPA Responses IV. Final Action A. Approval of the Attainment Plan and Related Elements B. Conditional Approval of the Contingency Measures Portion of the Attainment Plan V. Statutory and Executive Order Reviews I. Background Epidemiological studies have shown statistically significant correlations between elevated levels of PM2.5 (particulate matter with a diameter of 2.5 microns or less) and premature mortality. Other important health effects associated with PM2.5 exposure include aggravation of respiratory and cardiovascular disease, changes in lung function, and increased respiratory symptoms. Individuals particularly sensitive to PM2.5 exposure include older adults, people with heart and lung disease, and children.1 PM2.5 can be emitted directly into the atmosphere as a solid or liquid particle (‘‘primary PM2.5’’ or ‘‘direct PM2.5’’) or can be 1 See National Ambient Air Quality Standards for Particulate Matter; (2012) Final Rule (78 FR 3086– 3088, January 15, 2013). E:\FR\FM\14MYR1.SGM 14MYR1

Agencies

[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Rules and Regulations]
[Pages 26386-26388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10256]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0230]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Mile Marker 365, Natchez, 
MS

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 of the Lower Mississippi River (LMR), Mile Markers 
364.5 through 365.5. The safety zone is needed to protect persons, 
property, and the marine environment from the potential safety hazards 
associated with a fireworks display in the vicinity of Natchez, MS. 
Entry of persons or vessels into this zone is prohibited unless 
authorized by the Captain of the Port Sector Lower Mississippi River or 
a designated representative.

DATES: This rule is effective from 4 p.m. through 7 p.m. on May 15, 
2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0230 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MSTC Lindsey Swindle, 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 a fireworks display in the vicinity of Natchez, 
MS. 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 firework display in the vicinity of Natchez, MS.

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

[[Page 26387]]

associated with the firework display, would be a safety concern for all 
persons and vessels on the Lower Mississippi River between Mile Marker 
(MM) 364.5 and MM 365.5 in the vicinity of Natchez, MS. This rule is 
needed to protect persons, property, infrastructure, and the marine 
environment in all waters of the LMR within the safety zone during the 
firework display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on May 15, 2021. The 
safety zone will cover all navigable waters of the LMR from MM 364.5 
through MM 365.5 in the vicinity of Natchez, MS. The duration of this 
safety zone is intended to ensure the safety of waterway users on these 
navigable waters during the firework display.
    Entry of persons or vessels into this safety zone is prohibited 
unless authorized by the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Sector Lower Mississippi River. Persons or vessels seeking to 
enter the safety zones must request permission from the COTP or a 
designated representative on VHF-FM channel 16 or by telephone at 901-
521-4822. If permission is granted, all persons and vessels shall 
comply with the instructions of the COTP or designated representative. 
The COTP or a designated representative will inform the public of the 
enforcement times and date for this safety zone through Broadcast 
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or 
Marine Safety Information Bulletins (MSIBs), as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. 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 Natchez, MS on May 15, 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 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 364.5 through 365.5 in the 
vicinity of Natchez, MS that will prohibit entry into this zone.. It is 
categorically excluded from further review under paragraph L60 of 
Appendix A, Table 1

[[Page 26388]]

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.T08-0230 to read as follows:


Sec.  165.T08-0230  Safety Zone; Lower Mississippi River, Mile Marker 
365, Natchez, MS.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River from Mile Marker (MM) 364.5 
through 365.5 in the vicinity of Natchez, MS.
    (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.
    (3) 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.
    (c) Effective period. This section is effective from 4 p.m. through 
7 p.m. on May 15, 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: May 5, 2021.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi 
River.
[FR Doc. 2021-10256 Filed 5-13-21; 8:45 am]
BILLING CODE 9110-04-P