Safety Zone; Tchefuncte River, Madisonville, LA, 62500-62502 [2021-24588]
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khammond on DSKJM1Z7X2PROD with PROPOSALS
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Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Proposed Rules
main channel of Bird Creek, to the
intersection of the 1,520-foot elevation
contour an a southeast-northwest
flowing tributary of Bird Creek; then
(3) Proceed generally southeasterly
along the 1,520-foot elevation contour to
its intersection with the eastern fork of
an unnamed stream; then
(4) Proceed southeast in a straight
line, crossing onto the Mount Harlan
map, to the intersection of the 1,600-ft
elevation contour and the northernmost
unnamed creek; then
(5) Proceed generally south, then
north along the 1,600-foot elevation
contour to its intersection with a northsouth trending tributary of Pescadero
Creek; then
(6) Proceed south in a straight line,
crossing Pescadero Creek, to the 1,520foot elevation contour; then
(7) Proceed easterly along the
meandering 1,520-foot elevation
contour, crossing onto the Paicines map,
and continuing along the 1,520-foot
elevation contour as it meanders back
and forth between the Mount Harlan
map and the Paicines map, crossing
Thompson Creek and continuing along
the 1,520-foot elevation contour to its
intersection with the eastern fork of an
unnamed intermittent stream on the
Paicines map north of Three Troughs
Canyon; then
(8) Proceed southeast in a straight line
to a fork in a tributary of Stone Creek
east of Three Troughs Canyon; then
(9) Proceed east-southeast in a straight
line, crossing onto the Bickmore Canyon
map, to the intersection of an unnamed
tributary of the San Benito River and the
1,520-foot elevation contour; then
(10) Proceed southeasterly along the
1,520-foot elevation contour to a point
north of the confluence of Willow Creek
and the South Fork of Willow Creek;
then
(11) Proceed south in a straight line to
the confluence of Willow Creek and the
South Fork of Willow Creek; then
(12) Proceed east in a straight line to
State Route 25; then
(13) Proceed southeasterly along State
Route 25 to its intersection with the
boundary of Pinnacles National Park;
then
(14) Proceed south, then east, then
generally south along the boundary of
Pinnacles National Park, crossing onto
the North Chalone Peak map, to the
intersection of the National Park
boundary and the 1,520-foot elevation
contour northeast of Mann Canyon; then
(15) Proceed westerly along the 1,520foot elevation contour to its intersection
with CA–146; then
(16) Proceed southwest in a straight
line, crossing onto the Soledad map, to
the fork in an unnamed intermittent
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creek running parallel to Fabry Road;
then
(17) Proceed northwest in a straight
line, crossing over Stonewall Creek, the
unnamed intermittent creek and its
tributaries in Bryant Canyon, and a
second unnamed intermittent creek, to
the intersection of the 1,480-foot
elevation contour and the northern
terminus of a third unnamed
intermittent stream; then
(18) Proceed north in a straight line to
the 1,520-foot elevation contour; then
(19) Proceed southwest, then
generally northwest along the
meandering 1,520-foot elevation
contour, crossing over the Mount
Johnson map and back and forth
between the Gonzales map and the
Mount Johnson map to the intersection
of the 1,520-foot elevation contour and
an unnamed tributary of Chular Creek
southeast of Espinosa Canyon on the
Gonzales map; then
(20) Proceed northwest in a straight
line, crossing Chular Creek and
Espinosa Canyon, to the 1,520-foot
elevation contour; then
(21) Proceed generally northwesterly,
then northeasterly along the 1,520-foot
elevation contour, crossing over the
Mount Harlan, Natividad, San Juan
Bautista, and Hollister maps, returning
to the beginning point on the Hollister
map.
Signed: August 4, 2021.
Mary G. Ryan,
Administrator.
Approved: September 24, 2021.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
Editorial Note: This document was
received for publication by the Office of the
Federal Register on October 29, 2021.
[FR Doc. 2021–23976 Filed 11–9–21; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0808]
RIN 1625–AA08
Safety Zone; Tchefuncte River,
Madisonville, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
a fireworks display on December 4, 2021
SUMMARY:
PO 00000
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Fmt 4702
Sfmt 4702
from 9 p.m. through 10 p.m. The safety
zone is needed to protect people and the
environment on these navigable waters
of the Tchefuncte River, LA. This
proposed rulemaking would prohibit
persons and vessels from entering the
safety zone unless authorized by the
Captain of the Port (COTP) Sector New
Orleans or a designated representative.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 10, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0808 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Commander William A. Stewart,
Waterways Management Division Chief,
U.S. Coast Guard; telephone 504–365–
2246, email William.A.Stewart@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On October 19, 2021, the Coast Guard
received a Marine Event Permit
Application for a fireworks display on
December 4, 2021 from 9 p.m. through
10 p.m. The fireworks will be launched
from a deck barge anchored in the
Tchefuncte River at 30 23–52.4 N, 90
09–14.48 W. Hazards from firework
displays include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
COTP New Orleans has determined that
potential hazards associated with the
fireworks would be a safety concern for
anyone within proximity of the deck
barge. The COTP would establish a
temporary safety zone with a 200-yard
radius around the deck barge.
The purpose of this rulemaking is to
protect people and environment on
these navigable waters of the Tchefuncte
E:\FR\FM\10NOP1.SGM
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Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Proposed Rules
River, LA. This proposed rulemaking
would prohibit persons and vessels
from entering the safety zone unless
authorized by the COTP New Orleans or
a designated representative. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Coast Guard is proposing to
establish a temporary safety zone for
fireworks display on December 4, 2021
from 9 p.m. through 10 p.m. The safety
zone is needed to protect people, and
environment on these navigable waters
of the Tchefuncte River, LA. This
proposed rulemaking would prohibit
persons and vessels from entering the
safety zone unless authorized by the
COTP New Orleans or a designated
representative. As used in this section,
designated representative would mean a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port Sector New
Orleans (COTP) in the enforcement of
the safety zone. To seek permission to
enter, contact the COTP or the COTP’s
representative by VHF–FM radio,
Channel 16 or 67. Those in the safety
zone would have to comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative. The Coast
Guard would issue (BNMs), Local
Notices to Mariners (LNMs), and/or
Marine Safety Information Broadcasts
(MSIBs) as appropriate.
The regulatory text we are proposing
appears at the end of this document.
khammond on DSKJM1Z7X2PROD with PROPOSALS
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on establishing a temporary
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safety zone within a 200-yard radius of
the deck barge on the Tchefuncte River
on December 4, 2021 from 9 p.m. to 10
p.m. Moreover, the rule would allow
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this proposed rule. If the
proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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
PO 00000
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Fmt 4702
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62501
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves a safety zone lasting one
hour that would prohibit entry within a
200 yard radius around the deck barge.
Normally such actions are categorically
excluded from further review under
paragraph L60a of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
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62502
Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Proposed Rules
ADDRESSES section of this preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2021–0808 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
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Jkt 256001
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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 is proposing
to amend 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, Revision No. 01.2.
2. Add § 165.T08–0808 to read as
follows:
■
§ 165.T08–0808 Safety Zone; Tchefuncte
River, Madisonville, LA.
(a) Location. The following area is a
safety zone: All navigable waters within
a 200-yard radius of the deck barge at
position 30 23–52.4 N, 90 09–14.48 W
on the Tchefuncte River, Madisonville,
LA.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector New Orleans (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, persons and vessels may not
enter the safety zone described in
paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF–FM radio,
Channel 16 or 67. 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.
(d) Enforcement period. This section
will be enforced from 9 p.m. through 10
p.m. on December 4, 2021.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Broadcasts (MSIBs) as
appropriate.
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Dated: October 29, 2021.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2021–24588 Filed 11–9–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Part 302
[Docket No. ACF–2020–0002]
RIN 0970–AC81
Optional Exceptions to the Prohibition
Against Treating Incarceration as
Voluntary Unemployment Under Child
Support Guidelines
Office of Child Support
Enforcement (OCSE), Administration for
Children and Families (ACF),
Department of Health and Human
Services (HHS).
ACTION: Notice of proposed rulemaking;
withdrawal.
AGENCY:
OCSE is withdrawing a
previously published notice of proposed
rulemaking (NPRM) that solicited public
comment on two optional exceptions to
the prohibition against treating
incarceration as voluntary
unemployment in child support cases.
DATES: The NPRM published at 85 FR
58029, September 17, 2020, is
withdrawn, effective immediately.
FOR FURTHER INFORMATION CONTACT:
Yvette Riddick, Division of Policy and
Training, Office of Child Support
Enforcement, (202) 401–4885. Email
inquiries to ocse.dpt@acf.hhs.gov. Deaf
and hearing-impaired individuals may
call the Federal Dual Party Relay
Service at 1–800–877–8339 between 8
a.m. and 7 p.m. Eastern Time.
SUPPLEMENTARY INFORMATION: On
September 17, 2020, HHS published an
NPRM (85 FR 58029) to the regulations
at 45 CFR part 302 on two optional
exceptions to the prohibition against
treating incarceration as voluntary
unemployment in child support cases.
The NPRM included a comment period
closing on November 16, 2020.
In response to the proposed rule, HHS
received comments from 9 state child
support agencies, 5 child support
associations, 1 elected official, 1
nonprofit organization, and 33 private
individuals. Most states are in
compliance with the existing
prohibition against treating
SUMMARY:
E:\FR\FM\10NOP1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Proposed Rules]
[Pages 62500-62502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24588]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0808]
RIN 1625-AA08
Safety Zone; Tchefuncte River, Madisonville, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for a fireworks display on December 4, 2021 from 9 p.m. through 10
p.m. The safety zone is needed to protect people and the environment on
these navigable waters of the Tchefuncte River, LA. This proposed
rulemaking would prohibit persons and vessels from entering the safety
zone unless authorized by the Captain of the Port (COTP) Sector New
Orleans or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 10, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0808 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander William A.
Stewart, Waterways Management Division Chief, U.S. Coast Guard;
telephone 504-365-2246, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On October 19, 2021, the Coast Guard received a Marine Event Permit
Application for a fireworks display on December 4, 2021 from 9 p.m.
through 10 p.m. The fireworks will be launched from a deck barge
anchored in the Tchefuncte River at 30 23-52.4 N, 90 09-14.48 W.
Hazards from firework displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The COTP New Orleans has determined that potential hazards
associated with the fireworks would be a safety concern for anyone
within proximity of the deck barge. The COTP would establish a
temporary safety zone with a 200-yard radius around the deck barge.
The purpose of this rulemaking is to protect people and environment
on these navigable waters of the Tchefuncte
[[Page 62501]]
River, LA. This proposed rulemaking would prohibit persons and vessels
from entering the safety zone unless authorized by the COTP New Orleans
or a designated representative. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C.
1231).
III. Discussion of Proposed Rule
The Coast Guard is proposing to establish a temporary safety zone
for fireworks display on December 4, 2021 from 9 p.m. through 10 p.m.
The safety zone is needed to protect people, and environment on these
navigable waters of the Tchefuncte River, LA. This proposed rulemaking
would prohibit persons and vessels from entering the safety zone unless
authorized by the COTP New Orleans or a designated representative. As
used in this section, designated representative would mean a Coast
Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Sector New Orleans (COTP) in the enforcement of the safety zone.
To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM radio, Channel 16 or 67. Those in the safety
zone would have to comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative. The Coast
Guard would issue (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Broadcasts (MSIBs) as appropriate.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on establishing a
temporary safety zone within a 200-yard radius of the deck barge on the
Tchefuncte River on December 4, 2021 from 9 p.m. to 10 p.m. Moreover,
the rule would allow 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a safety
zone lasting one hour that would prohibit entry within a 200 yard
radius around the deck barge. Normally such actions are categorically
excluded from further review under paragraph L60a of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record
of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the
[[Page 62502]]
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0808 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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,
Revision No. 01.2.
0
2. Add Sec. 165.T08-0808 to read as follows:
Sec. 165.T08-0808 Safety Zone; Tchefuncte River, Madisonville, LA.
(a) Location. The following area is a safety zone: All navigable
waters within a 200-yard radius of the deck barge at position 30 23-
52.4 N, 90 09-14.48 W on the Tchefuncte River, Madisonville, LA.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector New Orleans (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, persons and vessels may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM radio, Channel 16 or 67. 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.
(d) Enforcement period. This section will be enforced from 9 p.m.
through 10 p.m. on December 4, 2021.
(e) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs)
as appropriate.
Dated: October 29, 2021.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2021-24588 Filed 11-9-21; 8:45 am]
BILLING CODE 9110-04-P
