Safety Zone; Lower Mississippi River, Mile Markers 636-655, Modoc, AR, 1078-1080 [2022-00126]
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1078
Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations
2. Add § 165.T05–0861to read as
follows:
■
§ 165.T05–0861 Safety Zone; Deep Creek,
Elizabeth River, Chesapeake, VA.
(a) Location. The following area is a
safety zone: The waters enclosed by the
shoreline and the following lines: A line
drawn across Deep Creek, Elizabeth
River from 36–45.71N 076–18.52W to
36–45.64N 076 18.52W and a line
drawn across Deep Creek, Elizabeth
River from 36–45.74N 076–18.30W to
36–45.66N 076–18.30W.
(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 Virginia (COTP) in the
enforcement of the safety zone.
(c) 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 COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF/FM Chanel 16.
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 January 4, 2022,
through January 19, 2022, unless
canceled sooner by the COTP.
Dated: January 4, 2022.
Samson C. Stevens,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Virginia.
[FR Doc. 2022–00168 Filed 1–7–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0917]
RIN 1625–AA00
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Safety Zone; Lower Mississippi River,
Mile Markers 636–655, Modoc, AR
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), between Mile
SUMMARY:
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15:53 Jan 07, 2022
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Marker 636 and 655. The safety zone is
needed to protect persons, property, and
the marine environment from the
potential safety hazards associated with
rock placement operations in the
vicinity of Modoc, AR. 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 January 10, 2022
through April 1, 2022. For the purposes
of enforcement, actual notice will be
used from January 5, 2022 until January
10, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0917 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 Lindsey.M.Swindle@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 rock placement
operations. 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
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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 rock
placement operations in the vicinity of
Modoc, AR starting January 5, 2022.
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 rock placement
operations between Mile Marker (MM)
636 and 655, scheduled to start on
January 5, 2022, will be a safety concern
for all persons and vessels on the LMR
between MM 636 and MM 655 through
April 1, 2022. This rule is needed to
protect persons, property, infrastructure,
and the marine environment in all
waters of the LMR within the safety
zone while rock placement operations
are being conducted.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from January 5, 2022
through April 1, 2022. The safety zone
will cover all navigable waters of the
Lower Mississippi River (LMR) from
MM 636 to MM 655. The duration of
this safety zone is intended to ensure
the safety of waterway users on these
navigable waters during rock placement
operations.
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
LMR. 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 314–269–
2332. 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.
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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
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A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. 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 safety
zone will temporarily restrict navigation
on the LMR from MM 636 through MM
655, from January 5, 2022 through April
1, 2022. Moreover, 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.
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15:53 Jan 07, 2022
Jkt 256001
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.
1079
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. 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.
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, Revision No. 01.2.
2. Add § 165.T08–0917 to read as
follows:
■
E. Unfunded Mandates Reform Act
§ 165.T08–0917 Safety Zone; Lower
Mississippi River, Mile Markers 636–655,
Modoc, AR.
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.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River from Mile
Marker (MM) 636 through MM 655.
(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,
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1080
Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations
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 314–269–2332. 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) Enforcement period. This section
will be enforced from January 5, 2022
through April 1, 2022.
(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: January 3, 2022.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2022–00126 Filed 1–7–22; 8:45 am]
BILLING CODE 9110–04–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–173
[FMR Case 2021–02; Docket No. GSA–FMR–
2021–0022; Sequence 01]
RIN 3090–AK52
Federal Management Regulation
(FMR); Internet GOV Domain
Office of Information Integrity
and Access, Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Interim rule.
AGENCY:
This interim rule implements
certain provisions of the DOTGOV Act
of 2020 applicable to GSA, which was
enacted as part of the Consolidated
Appropriations Act, 2021. It removes
provisions to the existing jurisdiction of
the DOTGOV domain that had been
delegated to the General Services
Administration in 1997 by the Federal
Networking Council with guidance in
the form of internet Engineering Task
Force (IETF) Informational RFC 2146,
which was further expanded to include
State, local, or territorial government
entities in 2003 by the
Intergovernmental Cooperation Act
(IGCA). This interim rule implements
provisions of the DOTGOV Act of 2020
that transfer ownership, management
and operation of the DotGov Domain
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
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15:53 Jan 07, 2022
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Program from the General Services
Administration (GSA) to the Department
of Homeland Security (DHS)
Cybersecurity and Infrastructure
Security Agency (CISA).
DATES:
Effective date: January 10, 2022.
Applicability Date: As of January 10,
2022, this interim rule applies to all
newly issued, already in operation, and/
or renewed .gov domains.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat Division at the
address shown below on or before
March 11, 2022 to be considered in the
formation of the final rule.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Marina Fox, Office of Government-wide
Policy, Office of Information, Integrity,
and Access, at 202–253–6448, or by
email at marina.fox@gsa.gov. For
information pertaining to the status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
Please cite FMR Case 2021–02.
SUPPLEMENTARY INFORMATION:
Inspection of Public Comments:
Comments received before the close of
the comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. We post comments received
before the close of the comment period
on the following website as soon as
possible after they have been received:
https://regulations.gov. Follow the
search instructions on that website to
view public comments.
I. Background
For more than 20 years, GSA
supported government organizations
and worked to make .gov a trusted
space.gov domain exists so that the
online services of bona fide U.S.-based
government organizations are easy to
identify on the internet. Increasing and
normalizing .gov use helps the public
know where to find official government
information. .gov is critical
infrastructure: It’s central to the
availability and integrity of thousands of
online services relied upon by millions
of users. Since the .gov domain
underpins communication with and
within these institutions, cybersecurity
significance of all aspects of .gov’s
administration has been increasing
rapidly. To provide additional
cybersecurity support and expand .gov
usage among public entities, the
DOTGOV Act of 2020 (or the DOTGOV
Act of 2019) was introduced in the U.S.
Senate on October 30, 2019, directing
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GSA to transfer the DotGov program to
CISA.
On December 27, 2020, the DOTGOV
Act of 2020 was signed into law and
enacted as part of the Consolidated
Appropriations Act, 2021 (Pub. L. 116–
260). The Act transfers the DotGov
(.gov) internet domain program, as
operated by the General Services
Administration under title 41, Code of
Federal Regulations, to DHS CISA. The
Act also orders that on the date CISA
begins operational administration of the
DotGov internet domain program, the
GSA Administrator shall rescind the
requirements in part 102–173 of title 41,
Code of Federal Regulations applicable
to any Federal, State, local, or territorial
government entity, or other publicly
controlled entity, including any Tribal
government recognized by the Federal
Government or a State government that
is registering or operating a .gov internet
domain. Finally, the Act orders that in
place of the requirements in part 102–
173 of title 41, Code of Federal
Regulations, CISA, in consultation with
the Director of Management and Budget
(OMB), establishes and publishes a new
set of requirements for the registration
and operation of .gov domains.
On April 26, 2021, GSA transferred
ownership, management and operation
of DotGov Domain Program to the
Department of Homeland Security
(DHS), CISA, and CISA published new
.gov domain issuance guidance for
government entities in place of the
existing INTERNET GOV DOMAIN
requirements in FMR. To comply with
the DOTGOV Online Trust in
Government Act of 2020 (Title IX,
Division U, H.R. 133, Consolidated
Appropriations Act, 2021), GSA is
amending the Federal Management
Regulation to remove all requirements
in part 102–173 ‘‘INTERNET GOV
DOMAIN’’.
DotGov Program History
The DotGov program was created in
1997, and GSA OGP became the
designated authority for the top level
Domain ‘‘DOT GOV’’ registry and
registrar and the subdomain registrar for
FED.US by a delegation of the National
Science Foundation through consensus
of the Federal Networking Council and
Department of Commerce on October 1,
1997. To provide additional support,
GSA entered into an agreement with the
Department of the Interior’s Bureau of
Indian Affairs to facilitate the
registration of Native Sovereign Nations
(NSNs) in the dot-gov domain. In 2003,
GSA began using the Intergovernmental
Cooperation Act (IGCA) as the authority
to provide services to U.S. state and
local governments, and began issuing
E:\FR\FM\10JAR1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Rules and Regulations]
[Pages 1078-1080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00126]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0917]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Mile Markers 636-655,
Modoc, AR
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), between Mile
Marker 636 and 655. The safety zone is needed to protect persons,
property, and the marine environment from the potential safety hazards
associated with rock placement operations in the vicinity of Modoc, AR.
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 January 10,
2022 through April 1, 2022. For the purposes of enforcement, actual
notice will be used from January 5, 2022 until January 10, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0917 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
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 rock placement operations. 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 rock placement operations in the vicinity of Modoc, AR starting
January 5, 2022.
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 rock placement operations between Mile Marker (MM) 636
and 655, scheduled to start on January 5, 2022, will be a safety
concern for all persons and vessels on the LMR between MM 636 and MM
655 through April 1, 2022. This rule is needed to protect persons,
property, infrastructure, and the marine environment in all waters of
the LMR within the safety zone while rock placement operations are
being conducted.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from January 5, 2022
through April 1, 2022. The safety zone will cover all navigable waters
of the Lower Mississippi River (LMR) from MM 636 to MM 655. The
duration of this safety zone is intended to ensure the safety of
waterway users on these navigable waters during rock placement
operations.
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 LMR. 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 314-269-2332. 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.
[[Page 1079]]
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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 safety zone will
temporarily restrict navigation on the LMR from MM 636 through MM 655,
from January 5, 2022 through April 1, 2022. Moreover, 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. 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.
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,
Revision No. 01.2.
0
2. Add Sec. 165.T08-0917 to read as follows:
Sec. 165.T08-0917 Safety Zone; Lower Mississippi River, Mile Markers
636-655, Modoc, AR.
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River from Mile Marker (MM) 636 through
MM 655.
(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,
[[Page 1080]]
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 314-269-2332.
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) Enforcement period. This section will be enforced from January
5, 2022 through April 1, 2022.
(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: January 3, 2022.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2022-00126 Filed 1-7-22; 8:45 am]
BILLING CODE 9110-04-P
