Safety Zone; Upper Mississippi River Mile Marker 485.3-485.9 Davenport, IA, 65527-65529 [2022-23717]
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Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Rules and Regulations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 117 and 507
[Docket Nos. FDA–2011–N–0920 and FDA–
2011–N–0922]
Current Good Manufacturing Practice,
Hazard Analysis, and Risk-Based
Preventive Controls for Human Food
and Current Good Manufacturing
Practice, Hazard Analysis, and RiskBased Preventive Controls for Food for
Animals; Supply-Chain Programs and
Onsite Audits; Announcement of
Effective Date
AGENCY:
Food and Drug Administration,
HHS.
Final rule; announcement of
effective date.
ACTION:
The Food and Drug
Administration (FDA or we) is
announcing the effective date for
requirements related to establishing and
implementing supply-chain programs,
records documenting supply-chain
programs, and onsite audits in two final
rules, Current Good Manufacturing
Practice, Hazard Analysis, and RiskBased Preventive Controls for Human
Food and Current Good Manufacturing
Practice, Hazard Analysis, and RiskBased Preventive Controls for Food for
Animals, that appeared in the Federal
Register of September 17, 2015.
DATES: The effective date for the
amendments to 21 CFR 117.405(a)(2),
117.435(d), and 117.475(c)(2), which
published in the Federal Register of
September 17, 2015 (80 FR 55908), is
October 31, 2022. The effective date for
the amendments to 21 CFR
507.105(a)(2), 507.135(d), and
507.175(c)(2), which published in the
Federal Register of September 17, 2015
(80 FR 56170), is October 31, 2022.
FOR FURTHER INFORMATION CONTACT: For
questions relating to Current Good
Manufacturing Practice, Hazard
Analysis and Risk-Based Preventive
Controls for Human Food: Jenny Scott,
Center for Food Safety and Applied
Nutrition (HFS–300), Food and Drug
Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–2166.
For questions relating to Current Good
Manufacturing Practice, Hazard
Analysis, and Risk-Based Preventive
Controls for Food for Animals: Jennifer
Erickson, Center for Veterinary
Medicine (HFV–200), Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–402–7382.
SUPPLEMENTARY INFORMATION: In the
Federal Register of September 17, 2015
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SUMMARY:
VerDate Sep<11>2014
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Jkt 259001
(80 FR 55908), we published a final rule
that established ‘‘Current Good
Manufacturing Practice, Hazard
Analysis, and Risk-Based Preventive
Controls for Human Food’’ in part 117
(21 CFR part 117). Section 117.405(a)(2)
specifies circumstances in which a
receiving facility that is an importer
need not conduct certain supplier
verification activities. Section
117.475(c)(2) provides for
documentation related to its supplychain program that a receiving facility
that is an importer is required to
maintain. Section 117.435(d) specifies
that if an onsite audit is solely
conducted to meet the supply-chain
program requirements of part 117 by an
audit agent of a certification body that
is accredited in accordance with
regulations in part 1, subpart M (21 CFR
part 1, subpart M), the audit is not
subject to the requirements in those
regulations.
At the time the final rule published,
§§ 117.405(a)(2) and 117.475(c)(2)
referred to provisions in a future final
rule, ‘‘Foreign Supplier Verification
Programs for Importers of Food for
Humans and Animals’’ (FSVP rule) (80
FR 74226; November 27, 2015), whereas
§ 117.435(d) referred to a provision in a
future final rule, ‘‘Accreditation of
Third-Party Certification Bodies To
Conduct Food Safety Audits and To
Issue Certifications’’ (third-party
certification rule) (80 FR 74570;
November 27, 2015). In the final rule
establishing part 117, we stated that we
would publish a document in the
Federal Register announcing the
effective dates of §§ 117.405(a)(2),
117.475(c)(2), and 117.435(d) (80 FR
55908 at 56131).
In the Federal Register of September
17, 2015 (80 FR 56170), we published a
final rule that established ‘‘Current
Good Manufacturing Practice, Hazard
Analysis, and Risk-Based Preventive
Controls for Food for Animals’’ in part
507 (21 CFR part 507). Section
507.105(a)(2) specifies circumstances in
which a receiving facility that is an
importer need not conduct certain
supplier verification activities. Section
507.175(c)(2) provides for
documentation related to its supplychain program that a receiving facility
that is an importer is required to
maintain. Section 507.135(d) specifies
that if an onsite audit is solely
conducted to meet the supply-chain
program requirements of part 507 by an
audit agent of a certification body that
is accredited in accordance with
regulations in part 1, subpart M, the
audit is not subject to the requirements
in those regulations.
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65527
At the time the final rule published,
§§ 507.105(a)(2) and 507.175(c)(2)
referred to provisions in a future final
FSVP rule, whereas § 507.135(d)
referred to a provision in a future final
third-party certification rule. In the final
rule establishing part 507, we stated that
we would publish a document in the
Federal Register announcing the
effective dates of §§ 507.105(a)(2),
507.175(c)(2), and 507.135(d) (80 FR
56170 at 56330).
The final FSVP rule and the final
third-party certification rule published
in the Federal Register on November 27,
2015, with effective dates of January 26,
2016.
This document announces that the
effective date for §§ 117.405(a)(2),
117.475(c)(2), 117.435(d), 507.105(a)(2),
507.175(c)(2), and 507.135(d) is October
31, 2022.
Dated: October 21, 2022.
Robert M. Califf,
Commissioner of Food and Drugs.
[FR Doc. 2022–23534 Filed 10–28–22; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0789]
RIN 1625–AA00
Safety Zone; Upper Mississippi River
Mile Marker 485.3–485.9 Davenport, IA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters in the Upper
Mississippi River at Mile Marker (MM)
485.3 through 485.9. The safety zone is
needed to protect personnel, vessels,
and the marine environment from all
potential hazards associated with
electrical line work. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Upper
Mississippi River (COTP) or a
designated representative.
DATES: This rule is effective from
October 31, 2022 through November 23,
2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0789 in the search box and click
‘‘Search.’’ Next, in the Document Type
SUMMARY:
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column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Richard
Cherkauer, Sector Upper Mississippi
River Waterways Management Division,
U.S. Coast Guard; telephone 314–269–
2560, email Richard.G.Cherkauer@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of The Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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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. 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 this rule would be
contrary to public safety due to ongoing
construction work.
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 Upper
Mississippi River (COTP) has
determined that potential hazards
associated with electrical line work will
be a safety concern for anyone operating
or transiting within the Upper
Mississippi River from MM 485.3
through 485.9. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
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15:51 Oct 28, 2022
Jkt 259001
waters within the safety zone while
electrical line work is being conducted.
IV. Discussion of the Rule
Electrical line work will be occurring
near Mile Marker (MM) 485.6 beginning
October 31, 2022. The safety zone is
designed to protect waterway users until
work is complete.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from the COTP or
a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Sector Upper Mississippi River.
To seek permission to enter, contact the
COTP or a designated representative via
VHF–FM channel 16, or through USCG
Sector Upper Mississippi River at 314–
269–2332. Persons and vessels
permitted to enter the safety zone must
comply with all lawful orders or
directions issued by the COTP or
designated representative. The COTP or
a designated representative will inform
the public of the effective period for the
safety zone as well as any changes in the
dates and times of enforcement, as well
as reductions in the size of the safety
zone as conditions improve, through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Safety Marine Information
Broadcast (SMIB), as appropriate.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss the
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on a safety zone located on the
Upper Mississippi River at MM 485.3–
485.9, near Davenport, IA. The Safety
Zone is expected to be active only
during the hours of 9 a.m. through 4
p.m., or when work is being conducted,
until November 23, 2022.
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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 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 because the zone will be
enforced only when work is being
conducted.
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 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
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Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Rules and Regulations
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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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone encompassing the width of the
Upper Mississippi River at MM 485.3–
485.9. 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. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
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15:51 Oct 28, 2022
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65529
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
Dated: October 25, 2022.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
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:
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket Number USCG–2022–0883]
INFORMATION CONTACT
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. 00170.1, Revision No. 01.2.
2. Add § 165.T08–0789 to read as
follows:
[FR Doc. 2022–23717 Filed 10–27–22; 4:15 pm]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
RIN 1625–AA00
Safety Zone; Upper Mississippi River
Mile Markers 125–126, Sainte
Genevieve, MO
ACTION:
■
§ 165.T08 –0789 Safety Zone; Upper
Mississippi River, Mile Markers 485.3–485.9,
Davenport, IA.
(a) Location. The following area is a
safety zone: all navigable waters within
the Upper Mississippi River, Mile
Markers (MM) 485.3–485.9.
(b) Effective period. This section is
effective from October 31, 2022 through
November 23, 2022.
(c) Regulations. (1) In accordance with
the general safety zone regulations in
§ 165.23, entry of persons or vessels into
this safety zone described in paragraph
(a) of this section 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 (USCG) assigned to units
under the operational control of USCG
Sector Upper Mississippi River.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through USCG Sector Upper
Mississippi River at 314–269–2332.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement, as well as reductions in
size or scope of the safety zone as ice
or flood conditions improve, through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Safety Marine Information
Broadcast (SMIB) as appropriate.
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Upper
Mississippi River extending from mile
marker (MM) 125 to MM 126 near
Sainte Genevieve, MO. The safety zone
is needed to protect personnel and
vessels from potential hazards due to
shoaling in the area. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Upper
Mississippi River or a designated
representative.
SUMMARY:
This rule is effective without
actual notice from October 31, 2022
through November 3, 2022. For the
purposes of enforcement, actual notice
will be used from October 20, 2022,
until October 31, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0883 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
Chief Nathaniel Dibley, Waterways
Management, Sector Upper Mississippi
River, U.S. Coast Guard; telephone 314–
269–2550, email Nathaniel.D.Dibley@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
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]]>Agencies
[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Rules and Regulations]
[Pages 65527-65529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23717]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0789]
RIN 1625-AA00
Safety Zone; Upper Mississippi River Mile Marker 485.3-485.9
Davenport, IA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters in the Upper Mississippi River at Mile Marker (MM)
485.3 through 485.9. The safety zone is needed to protect personnel,
vessels, and the marine environment from all potential hazards
associated with electrical line work. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Sector Upper Mississippi River (COTP) or a designated
representative.
DATES: This rule is effective from October 31, 2022 through November
23, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0789 in the search box and click ``Search.'' Next, in the Document
Type
[[Page 65528]]
column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Richard Cherkauer, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone 314-269-2560, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of The Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
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. 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 this rule would be
contrary to public safety due to ongoing construction work.
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 Upper
Mississippi River (COTP) has determined that potential hazards
associated with electrical line work will be a safety concern for
anyone operating or transiting within the Upper Mississippi River from
MM 485.3 through 485.9. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while electrical line work is being conducted.
IV. Discussion of the Rule
Electrical line work will be occurring near Mile Marker (MM) 485.6
beginning October 31, 2022. The safety zone is designed to protect
waterway users until work is complete.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard (USCG) assigned to units under
the operational control of USCG Sector Upper Mississippi River. To seek
permission to enter, contact the COTP or a designated representative
via VHF-FM channel 16, or through USCG Sector Upper Mississippi River
at 314-269-2332. Persons and vessels permitted to enter the safety zone
must comply with all lawful orders or directions issued by the COTP or
designated representative. The COTP or a designated representative will
inform the public of the effective period for the safety zone as well
as any changes in the dates and times of enforcement, as well as
reductions in the size of the safety zone as conditions improve,
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners
(BNMs), and/or Safety Marine Information Broadcast (SMIB), as
appropriate.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss the First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on a safety zone
located on the Upper Mississippi River at MM 485.3-485.9, near
Davenport, IA. The Safety Zone is expected to be active only during the
hours of 9 a.m. through 4 p.m., or when work is being conducted, until
November 23, 2022.
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
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 because the zone will be enforced only when
work is being conducted.
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 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
[[Page 65529]]
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
We have analyzed this rule under that Order and have determined that it
is consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone encompassing the width of the Upper Mississippi River at MM
485.3-485.9. 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. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T08-0789 to read as follows:
Sec. 165.T08 -0789 Safety Zone; Upper Mississippi River, Mile Markers
485.3-485.9, Davenport, IA.
(a) Location. The following area is a safety zone: all navigable
waters within the Upper Mississippi River, Mile Markers (MM) 485.3-
485.9.
(b) Effective period. This section is effective from October 31,
2022 through November 23, 2022.
(c) Regulations. (1) In accordance with the general safety zone
regulations in Sec. 165.23, entry of persons or vessels into this
safety zone described in paragraph (a) of this section 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 (USCG) assigned to units under the operational
control of USCG Sector Upper Mississippi River.
(2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or through USCG Sector Upper
Mississippi River at 314-269-2332. Persons and vessels permitted to
enter the safety zone must comply with all lawful orders or directions
issued by the COTP or designated representative
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement, as well as reductions in size or scope of the safety zone
as ice or flood conditions improve, through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners (BNMs), and/or Safety Marine
Information Broadcast (SMIB) as appropriate.
Dated: October 25, 2022.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2022-23717 Filed 10-27-22; 4:15 pm]
BILLING CODE 9110-04-P
