Special Local Regulation; Red River, Shreveport, LA, 40382-40384 [2024-10267]
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40382
Federal Register / Vol. 89, No. 92 / Friday, May 10, 2024 / Rules and Regulations
(i) Until DoD determines that the
claimant is, or is expected to be,
medically rehabilitated and able to
resume employment;
(ii) In cases of permanent
incapacitation, until expiration of the
claimant’s work-life expectancy; or
(iii) In cases of death, until the
expiration of the claimant’s work-life
expectancy, after deducting for the
claimant’s personal consumption.
(iv) Future lost earnings must be
substantiated by appropriate
documentation and claimants have an
obligation to mitigate damages.
(v) In addition, loss of retirement
benefits is compensable and similarly
discounted after appropriate
deductions. Estimates for future lost
earnings and retirement benefits must
be discounted to present value.
*
*
*
*
*
(d) Disability discrimination. An
injury or condition does not result in
lost earnings for purposes of, and is not
compensable under, this part if the lost
earnings stem from disability
discrimination, which may be settled
and paid under other provisions of law.
■ 4. Amend § 45.10 by revising
paragraphs (a) through (c) to read as
follows:
khammond on DSKJM1Z7X2PROD with RULES
§ 45.10 Calculation of damages: noneconomic damages.
(a) In general. Non-economic damages
are one component of a potential
damages award. The claimant has the
burden of proof on the amount of noneconomic damages by a preponderance
of evidence. DoD may request an
interview of or statement from the
claimant or other person with primary
knowledge of the claimant. DoD may
also require medical statements
documenting the claimant’s condition
and, in cases of disfigurement,
photographs documenting the
claimant’s condition.
(b) Elements of non-economic
damages. Non-economic damages
include pain and suffering; physical
discomfort; mental and emotional
trauma or distress; loss of enjoyment of
life; physical disfigurement; and the
inability to perform daily activities that
one performed prior to injury, such as
recreational activities. Such damages are
compensable as part of non-economic
damages.
(c) Cap on non-economic damages. In
any claim under this part, total noneconomic damages may not exceed a
cap amount published by DoD via a
Federal Register notice. DoD will
periodically publish updates to this cap
amount via Federal Register notices,
consistent with changes in prevailing
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18:50 May 09, 2024
Jkt 262001
amounts in the majority of the States
with non-economic damages caps.
*
*
*
*
*
■ 5. Amend § 45.11 by:
■ a. Revising paragraph (a);
■ b. Redesignating paragraphs (c) and
(d) as paragraphs (d) and (c),
respectively;
■ c. Revising the first sentence in the
newly redesignated paragraph (c);
■ d. Adding a sentence to the end of the
newly redesignated paragraph (d);
■ e. Revising paragraph (e); and
■ f. Removing paragraphs (f) and (g).
The revisions and addition read as
follows:
§ 45.11 Calculation of damages: offsets for
DoD and VA Government compensation.
(a) In general. Total potential
economic damages calculated under this
part are reduced by offsetting most of
the compensation otherwise provided or
expected to be provided by DoD or VA
for the same harm that is the subject of
the medical malpractice claim. DoD has
the burden to establish the applicability
and amount of any offsets.
*
*
*
*
*
(c) * * * In determining offsets under
this section from economic damages,
DoD will use the present value of future
payments and benefits. * * *
(d) * * * Claimants must provide
information not available to DoD, but
requested by DoD, for the purpose of
determining offsets.
(e) Benefits and payments that may be
considered as potential offsets. The
general rule is that potential damages
calculated under this part may be offset
only by DoD or VA payments and
benefits that are primarily funded by
Government appropriations. Potential
damages calculated under this part are
not offset by U.S. Government payments
and benefits that are substantially
funded by the military member. The
following examples are provided for
illustrative purposes only, are not allinclusive, and are subject to adjustment
as appropriate.
(1) The following DoD and VA
payments and benefits are primarily
funded from Government
appropriations and will be offset:
(i) Disability retired pay in the case of
retirement due to the disability caused
by the alleged medical malpractice;
(ii) Disability severance pay in the
case of non-retirement disability
separation caused by the alleged
medical malpractice.
(iii) Incapacitation pay.
(iv) Involuntary and voluntary
separation pays and incentives.
(v) Death gratuity.
(vi) Housing allowance continuation.
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Frm 00014
Fmt 4700
Sfmt 4700
(vii) Survivor Benefit Plan.
(viii) VA disability compensation, to
include Special Monthly Compensation,
attributable to the disability resulting
from the malpractice.
(ix) VA Dependency and Indemnity
Compensation, attributable to the
disability resulting from the
malpractice.
(x) Special Survivor Indemnity
Allowance.
(xi) Special Compensation for
Assistance with Activities of Daily
Living.
(xii) Program of Comprehensive
Assistance for Family Caregivers.
(xiii) Fry Scholarship.
(xiv) TRICARE coverage, including
TRICARE-for-Life, for a disability
retiree, family, or survivors. Future
TRICARE coverage is part of the
Government’s compensation package for
a disability retiree or survivor.
(2) The following U.S. Government
payments and benefits are substantially
funded by the military members or are
otherwise generally not eligible for
consideration as potential offsets:
(i) Servicemembers Group Life
Insurance.
(ii) Traumatic Servicemembers Group
Life Insurance.
(iii) Social Security disability benefits.
(iv) Social Security survivor benefits.
(v) Prior Government contributions to
a Thrift Savings Plan.
(vi) Commissary, exchange, and
morale, welfare, and recreation facility
access.
(vii) Value of legal assistance and
other services provided by DoD.
(viii) Medical care provided while in
active service or in an active status prior
to death, retirement, or separation.
Dated: May 6, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2024–10130 Filed 5–9–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2024–0177]
RIN 1625–AA08
Special Local Regulation; Red River,
Shreveport, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
SUMMARY:
E:\FR\FM\10MYR1.SGM
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Federal Register / Vol. 89, No. 92 / Friday, May 10, 2024 / Rules and Regulations
regulation (SLR) for certain navigable
waters of the Red River. This action is
necessary to provide for the safety of life
on these navigable waters near
Shreveport, Louisiana, during highspeed powerboat races from May 24,
2024 through May 26, 2024. This
rulemaking prohibits persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port Sector Lower Mississippi River or
a designated representative.
DATES: This rule is effective from 6 a.m.
on May 24, 2024 through 6 p.m. on May
26, 2024.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email MSTC Lindsey Swindle,
Waterways Management, U.S. Coast
Guard; telephone 571–610–4197, email
Lindsey.M.Swindle@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
khammond on DSKJM1Z7X2PROD with RULES
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
On December 8, 2023, an organization
notified the Coast Guard that it will be
conducting high-speed powerboat races
from 6 a.m. through 6 p.m. each day
from May 24, 2024, through May 26,
2024. The races will take place between
mile marker 228.1 and mile marker
228.8 on the Red River, Shreveport, LA,
and involve approximately 55
powerboats ranging from 14 to 18 feet in
length. No spectator craft will be
allowed in the regulated area. The
Captain of the Port Sector Lower
Mississippi River (COTP) has
determined that potential hazards
associated with the high-speed
powerboat race would be a safety
concern for participants, participant
vessels, and general public. In response,
on March 25, 2024, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Special Local
Regulation: Red River, Shreveport, LA
(89 FR 20577). There we stated why we
issued the NPRM and invited comments
on our proposed regulatory action
related to this fireworks display. During
the comment period that ended April
10, 2024, we received one comment.
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 impracticable
VerDate Sep<11>2014
18:50 May 09, 2024
Jkt 262001
because immediate action is needed to
respond to the potential safety hazards
associated with the high-speed
powerboat race would be a safety
concern for participants, participant
vessels, and general public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port Sector Lower
Mississippi River (COTP) has
determined that potential hazards
associated with the high-speed
powerboat race would be a safety
concern for participants, participant
vessels, and general public. The purpose
of this rule is to ensure safety of vessels
and the navigable waters in the
regulated area before, during, and after
the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment to our NPRM published March
25, 2024. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM. The Coast
Guard conducted a National
Environmental Policy Act (NEPA)
analysis for this marine event and
determined not be a danger to the
environment. In addition, the Coast
Guard will monitor the event via contact
with the sponsor and the sponsor will
have adequate boat crew on-site.
This rule establishes a temporary
special local regulation from 6 a.m. to 6
p.m. each day on May 24, 2024 through
May 26, 2024. The temporary special
local regulation will cover all navigable
waters within from mile marker 228.1 to
mile marker 228.8 in Shreveport, LA.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the high-speed powerboat races.
No vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
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.
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Fmt 4700
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40383
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
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, duration,
and time-of-day of the special local
regulation, which will impact mile
marker 228.1 to mile marker 228.8 on
the Red River for 12 hours each day.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the
regulated area, breaks in the racing will
provide vessels opportunity to transit,
and 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 received zero
comments from the Small Business
Administration on this rulemaking. 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
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
E:\FR\FM\10MYR1.SGM
10MYR1
40384
Federal Register / Vol. 89, No. 92 / Friday, May 10, 2024 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD with RULES
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
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18:50 May 09, 2024
Jkt 262001
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation lasting
approximately 12 hours on three
separate days that will prohibit entry of
persons or vessels during the Red River
Rumble F1 Powerboat Showdown highspeed powerboat races. It is
categorically excluded from further
review under paragraph L61 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
sponsor as participants or official patrol
vessels.
(c) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the COTP
or their designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by 314–269–2332. Those
in the regulated area must comply with
all lawful orders or directions given to
them by the COTP or the designated
representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via Broadcast Notice to Mariners
and by on-scene designated
representatives.
(d) Enforcement periods. This section
is effective from 6 a.m. on May 24, 2024
until 6 p.m. on May 26, 2024. This
section will be subject to enforcement
from 6 a.m. to 6 p.m. each day.
Dated: May 6, 2024.
Kristi L. Bernstein,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2024–10267 Filed 5–9–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
2. Add § 100.T08–0177 to read as
follows:
[Docket Number USCG–2024–0245]
§ 100.T08–0177 Red River Rumble F1
Powerboat Showdown, Shreveport, LA.
Safety Zone: Piers Park, Boston Inner
Harbor, East Boston, MA
■
(a) Regulated area. The regulations in
this section apply to the following area:
A special local regulation is established
to encompass all waters of the Red River
from mile marker 228.1 to mile marker
228.8.
(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 Lower
Mississippi River (COTP) in the
enforcement of the regulations in this
section.
Participant means all persons and
vessels registered with the event
sponsor as a participant in the race.
Spectator means all persons and
vessels not registered with the event
PO 00000
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RIN 1625–AA87
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
a portion of the navigable waters of
Boston Inner Harbor in the vicinity of
Piers Park, East Boston, Massachusetts.
The temporary safety zone is needed to
protect the maritime public and event
participants from potential hazards
created by a swim event taking place in
a heavily trafficked harbor scheduled for
June 9, 2024. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Boston, or a designated
representative.
DATES: This rule is effective from 7 a.m.
through noon on June 9, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
E:\FR\FM\10MYR1.SGM
10MYR1
]]>Agencies
[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Rules and Regulations]
[Pages 40382-40384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10267]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0177]
RIN 1625-AA08
Special Local Regulation; Red River, Shreveport, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
[[Page 40383]]
regulation (SLR) for certain navigable waters of the Red River. This
action is necessary to provide for the safety of life on these
navigable waters near Shreveport, Louisiana, during high-speed
powerboat races from May 24, 2024 through May 26, 2024. This rulemaking
prohibits persons and vessels from being in the regulated area unless
authorized by the Captain of the Port Sector Lower Mississippi River or
a designated representative.
DATES: This rule is effective from 6 a.m. on May 24, 2024 through 6
p.m. on May 26, 2024.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email MSTC Lindsey Swindle, Waterways Management, U.S. Coast
Guard; telephone 571-610-4197, 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
On December 8, 2023, an organization notified the Coast Guard that
it will be conducting high-speed powerboat races from 6 a.m. through 6
p.m. each day from May 24, 2024, through May 26, 2024. The races will
take place between mile marker 228.1 and mile marker 228.8 on the Red
River, Shreveport, LA, and involve approximately 55 powerboats ranging
from 14 to 18 feet in length. No spectator craft will be allowed in the
regulated area. The Captain of the Port Sector Lower Mississippi River
(COTP) has determined that potential hazards associated with the high-
speed powerboat race would be a safety concern for participants,
participant vessels, and general public. In response, on March 25,
2024, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled Special Local Regulation: Red River, Shreveport, LA (89 FR
20577). There we stated why we issued the NPRM and invited comments on
our proposed regulatory action related to this fireworks display.
During the comment period that ended April 10, 2024, we received one
comment.
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 impracticable because immediate action is needed to
respond to the potential safety hazards associated with the high-speed
powerboat race would be a safety concern for participants, participant
vessels, and general public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Lower Mississippi River (COTP)
has determined that potential hazards associated with the high-speed
powerboat race would be a safety concern for participants, participant
vessels, and general public. The purpose of this rule is to ensure
safety of vessels and the navigable waters in the regulated area
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment to our NPRM published March
25, 2024. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. The Coast Guard conducted a National
Environmental Policy Act (NEPA) analysis for this marine event and
determined not be a danger to the environment. In addition, the Coast
Guard will monitor the event via contact with the sponsor and the
sponsor will have adequate boat crew on-site.
This rule establishes a temporary special local regulation from 6
a.m. to 6 p.m. each day on May 24, 2024 through May 26, 2024. The
temporary special local regulation will cover all navigable waters
within from mile marker 228.1 to mile marker 228.8 in Shreveport, LA.
The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the high-speed
powerboat races. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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, duration, and time-of-day of the special local regulation,
which will impact mile marker 228.1 to mile marker 228.8 on the Red
River for 12 hours each day. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
regulated area, breaks in the racing will provide vessels opportunity
to transit, and 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 received zero comments from the Small Business
Administration on this rulemaking. 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 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
[[Page 40384]]
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation lasting approximately 12 hours on three
separate days that will prohibit entry of persons or vessels during the
Red River Rumble F1 Powerboat Showdown high-speed powerboat races. It
is categorically excluded from further review under paragraph L61 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T08-0177 to read as follows:
Sec. 100.T08-0177 Red River Rumble F1 Powerboat Showdown, Shreveport,
LA.
(a) Regulated area. The regulations in this section apply to the
following area: A special local regulation is established to encompass
all waters of the Red River from mile marker 228.1 to mile marker
228.8.
(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 Lower Mississippi
River (COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
Spectator means all persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the COTP or their designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by 314-269-2332. Those in the regulated area must comply
with all lawful orders or directions given to them by the COTP or the
designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via Broadcast Notice to Mariners and by on-scene
designated representatives.
(d) Enforcement periods. This section is effective from 6 a.m. on
May 24, 2024 until 6 p.m. on May 26, 2024. This section will be subject
to enforcement from 6 a.m. to 6 p.m. each day.
Dated: May 6, 2024.
Kristi L. Bernstein,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2024-10267 Filed 5-9-24; 8:45 am]
BILLING CODE 9110-04-P
