Safety Zone; Atchafalaya River-Berwick Bay, Morgan City, LA, 61506-61508 [2022-22093]
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61506
Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Rules and Regulations
credit agency (Agency) as provided in
paragraph (c)(2) of this section.
(2) Notifications to the Agency with
jurisdiction over a project—(i) Agency
flexibility. An Agency may establish the
time and manner in which information
is annually provided to it.
(ii) Example. An Agency may allow a
taxpayer to describe a current year’s
information by reporting differences
from the previous year’s information or
by reporting that there are no such
differences. Various Agencies may
choose to apply this manner of reporting
to the identity of a qualified group of
units for use in the average income setaside or applicable fraction
determination, or the imputed income
limits designated for the various units in
a project.
(3) Designation of imputed income
limitations. (i)–(iii) [Reserved]
(iv) Recording, retention, and annual
communications related to
designations. A taxpayer designates a
unit’s imputed income limitation by
recording the limitation in its books and
records, where it must be retained for a
period not shorter than the record
retention requirement under § 1.42–
5(b)(2). The preceding sentence applies
both to units whose first occupancy is
as a low-income unit and to previously
market-rate units that are converted to
low-income status. The designation
must also be communicated annually to
the applicable Agency as provided in
paragraph (c)(2) of this section.
(4) Waiver for failure to comply with
procedural requirements. On a case-bycase basis, the Agency has the discretion
to waive in writing any failure to
comply with the requirements of
paragraph (c)(1) or (2) or (c)(3)(iv) of this
section up to 180 days after discovery of
the failure, whether by taxpayer or
Agency. If an Agency exercises this
discretion, then the relevant
requirements are treated as having been
satisfied. In such a case, the tax
consequences under this section
correspond to that deemed satisfaction.
(d) Changing a unit’s designated
imputed income limitation. (1)
[Reserved]
(2) Process for changing a unit’s
designated imputed income limitation.
The taxpayer effects a change in a unit’s
imputed income limitation by recording
the limitation in its books and records,
where it must be retained for a period
not shorter than the record retention
requirement under § 1.42–5(b)(2). The
new designation must also be
communicated to the applicable Agency
as provided in paragraph (c)(2) of this
section and must become part of the
annual report to the Agency of income
designations. The prior designation
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17:15 Oct 11, 2022
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must be retained in the books and
records for the period specified in
paragraph (c)(3)(iv) of this section. A
designation under this paragraph (d)(2)
is considered to be made in a manner
consistent with paragraph (c)(3) of this
section.
(e) [Reserved]
(f) Applicability dates—(1) In general.
Except as provided in paragraph (f)(3) of
this section, this section applies to
taxable years beginning after December
31, 2022.
(2) Designations of occupied units. (i)
If a residential unit is occupied at the
end of the most recent taxable year
ending before the first taxable year to
which this section applies and if the
unit is to be taken into account as a lowincome unit under this section as of the
beginning of the first taxable year to
which this section applies, then not
later than the first day of such first
taxable year, the taxpayer must
designate an imputed income limitation
for the unit. The first taxable year to
which this section applies means the
first taxable year beginning after
December 31, 2022, if paragraph (f)(1) of
this section applies, or the taxable year
described in paragraph (f)(3) of this
section if the taxpayer chooses to apply
paragraph (f)(3) of this section.
(ii) The designation required by
paragraph (f)(2)(i) of this section must
comply with § 1.42–19(c)(3)(ii) and
paragraph (c)(3)(iv) of this section,
without taking into account paragraph
(c)(4) of this section. Paragraph (c)(2) of
this section applies to these
designations, except that the Agency
may allow the notification to be made
along with any other notifications for
the first taxable year beginning after
December 31, 2022.
(iii) The designated imputed income
limitation for the unit may not be less
than the income that the current
occupant of the unit had when that
occupancy began.
(3) Applicability of this section to
taxable years beginning before January
1, 2023. A taxpayer may choose to apply
this section to a taxable year beginning
after October 12, 2022, and before
January 1, 2023, provided that the
taxpayer chooses to apply § 1.42–15 to
the same taxable year.
PO 00000
(4) Expiration date. The applicability
of this section expires on October 7,
2025.
Paul J. Mamo,
Assistant Deputy Commissioner for Services
and Enforcement.
Approved: September 30, 2022.
Lily L. Batchelder,
Assistant Secretary (Tax Policy).
[FR Doc. 2022–22070 Filed 10–7–22; 11:15 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0819]
RIN 1625–AA00
Safety Zone; Atchafalaya River—
Berwick Bay, Morgan City, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone of
100-meters from the western side of the
channel in the Atchafalaya River
through Berwick Bay between mile
marker (MM) 119 and MM 121. This
temporary safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by the recreational
paddling race, Tour Du Teche 135.
Entry of vessels into this zone is
prohibited unless specifically
authorized the Captain of the Port
Houma or a designated Patrol
Commander.
SUMMARY:
This rule is effective from 10
a.m. through 5 p.m. on October 9, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0819 in the search box and click
‘‘search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions about this action,
call or email Lieutenant Jenelle Piche´,
MSU Morgan City, LA, U.S. Coast
Guard; telephone (985) 855–0724, email
D08-SMB-MSUMorganCity-WWM@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Houma
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Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Rules and Regulations
DHS Department of Homeland Security
FR Federal Register
MSU Marine Safety Unit
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 final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act (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)(3)(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 and contrary to the public
interest. It is impracticable to publish an
NPRM because we must establish this
safety zone by October 9, 2022 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 is contrary to public interest
because it would delay the safety
measures necessary to respond to
potential hazards associated with the
Tour Du Teche 135 paddle race.
Immediate action is needed to protect
vessels, event participants, and mariners
from the safety hazards associated with
the race.
jspears on DSK121TN23PROD with RULES
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 Houma (COTP) has
determined that potential hazards
associated with the Tour Du Teche 135
paddle race will be a safety concern to
vessels and persons. This rule is needed
to protect the public, mariners, event
participants, and vessels from the
potential hazards associated with the
Tour Du Teche 135 paddle race.
IV. Discussion of the Rule
The Coast Guard is establishing a
temporary safety zone from 10 a.m.
through 5 p.m. on October 9, 2022. The
temporary safety zone encompasses the
Berwick Bay lock and dam (in the
proximity of MM 119) and extends 100meters from the western shore outwards
of the Atchafalaya River through
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Jkt 259001
Berwick Bay, ending at the Southwest
‘‘Red’’ Reef Lighthouse, near the I–90
Bridge (in the proximity of MM 121).
This temporary safety zone will not
interfere with navigable waterway. No
person or vessel will be permitted to
enter or transit within the safety zone,
unless specifically authorized by the
COTP or a designated Patrol
Commander. Public notifications will be
made to the local maritime community
through Broadcast Notice to Mariners
(BNM). Mariners and other members of
the public may contact the Waterways
Management Division at MSU Morgan
City, to inquire about the safety zone by
telephone at (985) 855–0724.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analysis based
on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protectors.
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. This
regulatory determination is based on the
size, location, and duration, of the safety
zone.
This temporary safety zone will not
restrict navigation on the Atchafalaya
River thought Berwick Bay. Moreover,
the Coast Guard will issue a Local
Notice to Mariners (LNM) about the
zone, and the rule will allow vessels to
seek permission to enter the zone.
B. Impact 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 safety
zone may be small entities, for the
PO 00000
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Fmt 4700
Sfmt 4700
61507
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 will
affect your small business, organization,
or governmental jurisdiction and you
have questions concerning its
provisions or options for compliance,
please contact 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.
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61508
Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Rules and Regulations
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 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 safety
zone that will not prohibit mariners and
the public to transit through the
navigational channel in the Atchafalaya
River through Berwick Bay. It is
categorically excluded from further
review under paragraph L60 (a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
(REC) supporting this determination is
available in the docket where indicated
under the ADDRESSES section of this
preamble.
jspears on DSK121TN23PROD with RULES
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 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:
Authority: US 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. 00170.1, Revision No. 01.2.
DEPARTMENT OF HOMELAND
SECURITY
2. Add § 165.T08–0819 to read as
follows:
33 CFR Part 165
§ 165.T08–0819 Safety Zone; Atchafalaya
River—Berwick Bay, Morgan City, LA.
RIN 1625–AA00
■
(a) Location. The following area is a
safety zone: 100-meters from the shore
from the opening of Berwick Bay Lock
approximately near MM 119 along the
western side of the channel in the
Atchafalaya River through Berwick Bay
to MM 121. This safety zone does not
include the navigational channel.
(b) Definitions. As used in this
section, Patrol Commander means a
Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard
vessel or a Federal, State, or local officer
designated by or assisting the Captain of
the Port Houma (COTP) in the
enforcement of the regulations in this
section.
(c) Enforcement period. This section
will be enforced from 10 a.m. until 5
p.m. on October 9, 2022.
(d) 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 a Patrol Commander.
(2) Entry into this zone is prohibited
unless authorized by the COTP or a
Patrol Commander
(3) Persons or vessels seeking to enter
into or transit through the zone must
request permission from the COTP or a
Patrol Commander. They may be
contacted on VHF–FM channels 15 and
16 or by telephone at (985) 855–0724.
(4) If permission is granted, all
persons and vessels must comply with
the instructions of the COTP or a Patrol
Commander.
(e) Informational broadcasts. The
COTP or a Patrol Commander will
inform the public through broadcast
notices to mariners of the enforcement
period for the safety zone as
appropriate.
Dated: October 3, 2022.
L.T. O’Brien,
Captain, U.S. Coast Guard, Captain of the
Port Houma.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[FR Doc. 2022–22093 Filed 10–7–22; 2:00 pm]
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
■
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PO 00000
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Coast Guard
[Docket Number USCG–2022–0840]
Safety Zones; Pensacola, Panama City,
and Tallahassee, Florida
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
This temporary final rule
would implement a special activities
provision of the William M. (Mac)
Thornberry National Defense
Authorization Act for Fiscal Year 2021.
The Coast Guard is establishing three
temporary safety zones for the safe
splashdown and recovery of reentry
vehicles launched by Space Exploration
Technologies Corporation (SpaceX) in
support of the National Aeronautics and
Space Administration (NASA) from
October 12, 2022 until November 10,
2022. These three temporary safety
zones are located within the Captain of
the Port Sector Mobile area of
responsibility offshore of Pensacola,
Panama City, and Tallahassee, Florida.
This rule would prohibit U.S. flagged
vessels from entering any of the
temporary safety zones unless
authorized by the Captain of the Port
Sector Mobile or a designated
representative. Foreign-flagged vessels
would be encouraged to remain outside
the safety zones. This action is
necessary to protect vessels and
waterway users from the potential
hazards created by reentry vehicle
splashdowns and recovery operations in
the U.S. Exclusive Economic Zone
(EEZ). It is also necessary to provide for
the safe recovery of reentry vehicles,
and any personnel involved in reentry
services, after the splashdown.
DATES: This rule is effective from
October 12, 2022 through November 10,
2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0840 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Andrew Anderson,
Sector Mobile Chief of Waterways
(spw), U.S. Coast Guard; telephone (251)
441–5768, email Andrew.S.Anderson@
uscg.mil.
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Pages 61506-61508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22093]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0819]
RIN 1625-AA00
Safety Zone; Atchafalaya River--Berwick Bay, Morgan City, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone of
100-meters from the western side of the channel in the Atchafalaya
River through Berwick Bay between mile marker (MM) 119 and MM 121. This
temporary safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards created by the recreational
paddling race, Tour Du Teche 135. Entry of vessels into this zone is
prohibited unless specifically authorized the Captain of the Port Houma
or a designated Patrol Commander.
DATES: This rule is effective from 10 a.m. through 5 p.m. on October 9,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0819 in the search box and click ``search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
action, call or email Lieutenant Jenelle Pich[eacute], MSU Morgan City,
LA, U.S. Coast Guard; telephone (985) 855-0724, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Houma
[[Page 61507]]
DHS Department of Homeland Security
FR Federal Register
MSU Marine Safety Unit
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 final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (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)(3)(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 and
contrary to the public interest. It is impracticable to publish an NPRM
because we must establish this safety zone by October 9, 2022 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 is contrary to public interest because it would delay the
safety measures necessary to respond to potential hazards associated
with the Tour Du Teche 135 paddle race. Immediate action is needed to
protect vessels, event participants, and mariners from the safety
hazards associated with the race.
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 Houma (COTP)
has determined that potential hazards associated with the Tour Du Teche
135 paddle race will be a safety concern to vessels and persons. This
rule is needed to protect the public, mariners, event participants, and
vessels from the potential hazards associated with the Tour Du Teche
135 paddle race.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone from 10
a.m. through 5 p.m. on October 9, 2022. The temporary safety zone
encompasses the Berwick Bay lock and dam (in the proximity of MM 119)
and extends 100-meters from the western shore outwards of the
Atchafalaya River through Berwick Bay, ending at the Southwest ``Red''
Reef Lighthouse, near the I-90 Bridge (in the proximity of MM 121).
This temporary safety zone will not interfere with navigable waterway.
No person or vessel will be permitted to enter or transit within the
safety zone, unless specifically authorized by the COTP or a designated
Patrol Commander. Public notifications will be made to the local
maritime community through Broadcast Notice to Mariners (BNM). Mariners
and other members of the public may contact the Waterways Management
Division at MSU Morgan City, to inquire about the safety zone by
telephone at (985) 855-0724.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analysis
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protectors.
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. This
regulatory determination is based on the size, location, and duration,
of the safety zone.
This temporary safety zone will not restrict navigation on the
Atchafalaya River thought Berwick Bay. Moreover, the Coast Guard will
issue a Local Notice to Mariners (LNM) about the zone, and the rule
will allow vessels to seek permission to enter the zone.
B. Impact 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
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 will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact 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.
[[Page 61508]]
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 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
safety zone that will not prohibit mariners and the public to transit
through the navigational channel in the Atchafalaya River through
Berwick Bay. It is categorically excluded from further review under
paragraph L60 (a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration (REC)
supporting this determination is available in the docket where
indicated under 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 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: US 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T08-0819 to read as follows:
Sec. 165.T08-0819 Safety Zone; Atchafalaya River--Berwick Bay, Morgan
City, LA.
(a) Location. The following area is a safety zone: 100-meters from
the shore from the opening of Berwick Bay Lock approximately near MM
119 along the western side of the channel in the Atchafalaya River
through Berwick Bay to MM 121. This safety zone does not include the
navigational channel.
(b) Definitions. As used in this section, Patrol Commander means a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port Houma (COTP) in the enforcement of
the regulations in this section.
(c) Enforcement period. This section will be enforced from 10 a.m.
until 5 p.m. on October 9, 2022.
(d) 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 a Patrol
Commander.
(2) Entry into this zone is prohibited unless authorized by the
COTP or a Patrol Commander
(3) Persons or vessels seeking to enter into or transit through the
zone must request permission from the COTP or a Patrol Commander. They
may be contacted on VHF-FM channels 15 and 16 or by telephone at (985)
855-0724.
(4) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or a Patrol Commander.
(e) Informational broadcasts. The COTP or a Patrol Commander will
inform the public through broadcast notices to mariners of the
enforcement period for the safety zone as appropriate.
Dated: October 3, 2022.
L.T. O'Brien,
Captain, U.S. Coast Guard, Captain of the Port Houma.
[FR Doc. 2022-22093 Filed 10-7-22; 2:00 pm]
BILLING CODE 9110-04-P
