Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations 12541

with Indian Tribal Governments, PART 165—REGULATED NAVIGATION Dated: March 1, 2021. because it does not have a substantial AREAS AND LIMITED ACCESS AREAS J.D. Cole, direct effect on one or more Indian Captain, U.S. Coast Guard, Captain of the tribes, on the relationship between the ■ 1. The authority citation for part 165 Port Charleston. Federal Government and Indian tribes, continues to read as follows: [FR Doc. 2021–04475 Filed 3–3–21; 8:45 am] or on the distribution of power and BILLING CODE 9110–04–P responsibilities between the Federal Authority: 46 U.S.C. 70034, 70051; 33 CFR Government and Indian tribes. 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation DEPARTMENT OF HOMELAND E. Unfunded Mandates Reform Act No. 0170.1. SECURITY The Unfunded Mandates Reform Act ■ 2. Add § 165.T07–0130 to read as Coast Guard of 1995 (2 U.S.C. 1531–1538) requires follows: Federal agencies to assess the effects of their discretionary regulatory actions. In § 165.T07–0130 Safety Zone; Atlantic 33 CFR Part 165 particular, the Act addresses actions Intracoastal Waterway; Horry County, SC. that may result in the expenditure by a [Docket Number USCG–2021–0071] (a) Location. All waters of the State, local, or tribal government, in the Waccamaw River from Enterprise aggregate, or by the private sector of RIN 1625–AA00 Landing at Atlantic Intracoastal $100,000,000 (adjusted for inflation) or Waterway (AICW) statute mile 375 more in any one year. Though this rule Safety Zone; Lower Mississippi River, north to Fantasy Harbour Fixed Bridge will not result in such an expenditure, Mile Marker 368 Through 370, Natchez, we do discuss the effects of this rule at AICW statute mile 366. MS (b) Definition. The term ‘‘designated elsewhere in this preamble. AGENCY: Coast Guard, DHS. representative’’ means Coast Guard ACTION: F. Environment Patrol Commanders, including Coast Temporary final rule. We have analyzed this rule under Guard coxswains, petty officers, and SUMMARY: The Coast Guard is Department of Homeland Security other officers operating Coast Guard establishing a temporary safety zone for Directive 023–01, Rev. 1, associated vessels, and Federal, state, and local all navigable waters of the Lower implementing instructions, and officers designated by or assisting the Mississippi River (LMR), Mile Marker Environmental Planning COMDTINST Captain of the Port (COTP) Charleston 368 through 370. The safety zone is 5090.1 (series), which guide the Coast in the enforcement of the regulated needed to protect persons, property, and Guard in complying with the National areas. the marine environment from the Environmental Policy Act of 1969 (42 (c) Regulations. (1) All vessels are potential safety hazards associated with U.S.C. 4321–4370f), and have prohibited from entering, transiting line pulling operations in the vicinity of determined that this action is one of a through, anchoring in, or remaining the Natchez, MS. Entry of persons or category of actions that do not within the regulated area unless vessels into this zone is prohibited individually or cumulatively have a authorized by the COTP Charleston or a unless authorized by the Captain of the significant effect on the human designated representative. Port Sector Lower Mississippi River or environment. This rule involves a safety a designated representative. zone lasting only throughout the high (2) Persons or vessels desiring to enter, transit through, or remain within DATES: This rule is effective without water conditions and will only restrict actual notice from March 4, 2021 until the speed at which vessels transit the 11 the regulated area must proceed at speeds that do not create a wake. March 15, 2021. For the purposes of mile section of the Atlantic Intracoastal enforcement, actual notice will be used Waterway. It is categorically excluded (3) Vessels that desire to transit this from March 1, 2021 until March 4, 2021. from further review under paragraph zone at speeds that create a wake, shall L60a of Appendix A, Table 1 of DHS ADDRESSES: To view documents first seek authorization from the COTP mentioned in this preamble as being Instruction Manual 023–01–001–01, Charleston. The COTP Charleston, or a Rev. 1. available in the docket, go to https:// designated representative, can be www.regulations.gov, type USCG–2021– G. Protest Activities contacted via telephone at 843–740– 0071 in the ‘‘SEARCH’’ box and click 7050, or via VHF radio on channel 16, ‘‘SEARCH.’’ Click on Open Docket The Coast Guard respects the First to request authorization. If authorization Amendment rights of protesters. Folder on the line associated with this is granted, all persons and vessels rule. Protesters are asked to call or email the receiving such authorization must person listed in the FOR FURTHER FOR FURTHER INFORMATION CONTACT: If comply with the instructions of the you have questions on this rule, call or INFORMATION CONTACT section to COTP Charleston or a designated coordinate protest activities so that your email MSTC Lindsey Swindle, U.S. representative. message can be received without Coast Guard; telephone 901–521–4813, jeopardizing the safety or security of (4) The Coast Guard will provide email [email protected]. people, places or vessels. actual notice of the zone by on-scene SUPPLEMENTARY INFORMATION: designated representatives and List of Subjects in 33 CFR Part 165 broadcast notice to mariners via VHF– I. Table of Abbreviations Harbors, Marine safety, Navigation FM marine channel 16, and a marine CFR Code of Federal Regulations (water), Reporting and recordkeeping safety information bulletin. COTP Captain of the Port Sector Lower requirements, Security measures, (d) Enforcement period. This section Mississippi River Waterways. DHS Department of Homeland Security will be enforced from March 1, 2021 FR Federal Register For the reasons discussed in the through March 7, 2021, or until the NPRM Notice of proposed rulemaking preamble, the Coast Guard amends 33 conclusion of the high water conditions, § Section CFR part 165 as follows: whichever occurs first. U.S.C. United States Code

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II. Background Information and this safety zone is intended to ensure B. Impact on Small Entities Regulatory History the safety of waterway users on these The Regulatory Flexibility Act of The Coast Guard is issuing this navigable waters during USACE 1980, 5 U.S.C. 601–612, as amended, temporary rule without prior notice and operations. requires Federal agencies to consider opportunity to comment pursuant to Entry of persons or vessels into this the potential impact of regulations on authority under section 4(a) of the safety zone is prohibited unless small entities during rulemaking. The Administrative Procedure Act (APA) (5 authorized by the COTP or a designated term ‘‘small entities’’ comprises small U.S.C. 553(b)). This provision representative. A designated businesses, not-for-profit organizations authorizes an agency to issue a rule representative is a commissioned, that are independently owned and without prior notice and opportunity to warrant, or petty officer of the U.S. operated and are not dominant in their comment when the agency for good Coast Guard assigned to units under the fields, and governmental jurisdictions cause finds that those procedures are operational control of USCG Sector with populations of less than 50,000. ‘‘impracticable, unnecessary, or contrary Lower Mississippi River. Persons or The Coast Guard certifies under 5 U.S.C. to the public interest.’’ Under 5 U.S.C. vessels seeking to enter the safety zones 605(b) that this rule will not have a 553(b)(B), the Coast Guard finds that must request permission from the COTP significant economic impact on a good cause exists for not publishing a or a designated representative on VHF– substantial number of small entities. notice of proposed rulemaking (NPRM) FM channel 16 or by telephone at 901– While some owners or operators of with respect to this rule because it is 521–4822. If permission is granted, all vessels intending to transit the impracticable. Immediate action is persons and vessels shall comply with temporary safety zone may be small needed to protect persons and property the instructions of the COTP or entities, for the reasons stated in section from the potential safety hazards designated representative. The COTP or V.A above, this rule will not have a associated with line pulling operations. a designated representative will inform significant economic impact on any The NPRM process would delay the the public of the enforcement times and vessel owner or operator. establishment of the safety zone until date for this safety zone through Under section 213(a) of the Small after the date of the event and Broadcast Notices to Mariners (BNMs), Business Regulatory Enforcement compromise public safety. We must Local Notices to Mariners (LNMs), and/ Fairness Act of 1996 (Pub. L. 104–121), establish this temporary safety zone or Marine Safety Information Bulletins we want to assist small entities in immediately and lack sufficient time to (MSIBs), as appropriate. understanding this rule. If the rule provide a reasonable comment period would affect your small business, and then consider those comments V. Regulatory Analyses organization, or governmental before issuing the rule. jurisdiction and you have questions Under 5 U.S.C. 553(d)(3), the Coast We developed this rule after concerning its provisions or options for Guard finds that good cause exists for considering numerous statutes and compliance, please call or email the making this rule effective less than 30 Executive orders related to rulemaking. person listed in the FOR FURTHER days after publication in the Federal Below we summarize our analyses INFORMATION CONTACT section. Register. Delaying the effective date of based on a number of these statutes and Small businesses may send comments this rule would be contrary to the public Executive orders, and we discuss First on the actions of Federal employees interest because immediate action is Amendment rights of protestors. who enforce, or otherwise determine needed to respond to the potential A. Regulatory Planning and Review compliance with, Federal regulations to safety hazards associated with the line the Small Business and Agriculture pulling operations in the vicinity of Executive Orders 12866 and 13563 Regulatory Enforcement Ombudsman Natchez, MS. direct agencies to assess the costs and and the Regional Small Business Regulatory Fairness Boards. The III. Legal Authority and Need for Rule benefits of available regulatory alternatives and, if regulation is Ombudsman evaluates these actions The Coast Guard is issuing this rule necessary, to select regulatory annually and rates each agency’s under authority in 46 U.S.C. 70034 approaches that maximize net benefits. responsiveness to small business. If you (previously 33 U.S.C. 1231). The This rule has not been designated a wish to comment on actions by Captain of the Port Sector Lower ‘‘significant regulatory action,’’ under employees of the Coast Guard, call Mississippi River (COTP) has Executive Order 12866. Accordingly, 1–888–REG–FAIR (1–888–734–3247). determined that potential hazards this rule has not been reviewed by the The Coast Guard will not retaliate associated with the line pulling Office of Management and Budget against small entities that question or operations, would be a safety concern (OMB). complain about this rule or any policy for all persons and vessels on the Lower or action of the Coast Guard. Mississippi River between MM 368 and This regulatory action determination MM 370 in the vicinity of Natchez, MS. is based on the size, location, and C. Collection of Information This rule is needed to protect persons, duration of the safety zone. This This rule will not call for a new property, infrastructure, and the marine emergency safety zone will temporarily collection of information under the environment in all waters of the LMR restrict navigation on the LMR at MM Paperwork Reduction Act of 1995 (44 within the safety zone while line 368 through 370 in the vicinity of U.S.C. 3501–3520). pulling operations are being conducted. Natchez, MS., from March 1, 2021 through March 15, 2021. Moreover, The D. Federalism and Indian Tribal IV. Discussion of the Rule Coast Guard will issue Broadcast Governments This rule establishes a temporary Notices to Mariners (BNMs), Local A rule has implications for federalism safety zone from March 1, 2021 through Notices to Mariners (LNMs), and/or under Executive Order 13132, March 15, 2021. The safety zone will Marine Safety Information Bulletins Federalism, if it has a substantial direct cover all navigable waters of the LMR (MSIBs), as appropriate. The rule allows effect on the States, on the relationship from MM 368 through MM 370 in the vessels to seek permission to enter the between the National Government and vicinity of Natchez, MS. The duration of zone. the States, or on the distribution of

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power and responsibilities among the Protesters are asked to call or email the Dated: February 26, 2021. various levels of government. We have person listed in the FOR FURTHER R.S. Rhodes, analyzed this rule under that Order and INFORMATION CONTACT section to Captain, U.S. Coast Guard, Captain of the have determined that it is consistent coordinate protest activities so that your Port Sector Lower Mississippi River. with the fundamental federalism message can be received without [FR Doc. 2021–04451 Filed 3–3–21; 8:45 am] principles and preemption requirements jeopardizing the safety or security of BILLING CODE P described in Executive Order 13132. people, places or vessels. Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 implications under Executive Order DEPARTMENT OF HOMELAND 13175, Consultation and Coordination Harbors, Marine safety, Navigation SECURITY with Indian Tribal Governments, (water), Reporting and recordkeeping because it does not have a substantial requirements, Security measures, Coast Guard direct effect on one or more Indian Waterways. tribes, on the relationship between the For the reasons discussed in the 33 CFR Part 165 Federal Government and Indian tribes, preamble, the Coast Guard amends 33 or on the distribution of power and CFR part 165 as follows: [Docket Number USCG–2021–0125] responsibilities between the Federal Government and Indian tribes. PART 165—REGULATED NAVIGATION RIN 1625–AA00 AREAS AND LIMITED ACCESS AREAS E. Unfunded Mandates Reform Act Safety Zone; Red River, Mile Marker 59, The Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 Moncla, LA of 1995 (2 U.S.C. 1531–1538) requires continues to read as follows: AGENCY: Coast Guard, Department of Federal agencies to assess the effects of Authority: 46 U.S.C. 70034, 70051; 33 CFR Homeland Security (DHS). their discretionary regulatory actions. In 1.05–1, 6.04–1, 6.04–6, and 160.5; particular, the Act addresses actions Department of Homeland Security Delegation ACTION: Temporary final rule. No. 0170.1. that may result in the expenditure by a SUMMARY: The Coast Guard is State, local, or tribal government, in the ■ 2. Add § 165.T08–0071 to read as establishing a temporary safety zone for aggregate, or by the private sector of follows: all navigable waters of the Red River $100,000,000 (adjusted for inflation) or § 165.T08–0071 Safety Zone; Lower (RR), Mile Marker 58 through 60. The more in any one year. Though this rule safety zone is needed to protect persons, will not result in such an expenditure, Mississippi River, Mile Marker 368 through 370, Natchez, MS. property, and the marine environment we do discuss the effects of this rule from the potential safety hazards elsewhere in this preamble. (a) Location. The following area is a safety zone: All navigable waters of the associated with line pulling operations F. Environment Lower Mississippi River at Mile Marker in the vicinity of Moncla, LA. Entry of We have analyzed this rule under (MM) 368 through 370 in the vicinity of persons or vessels into this zone is Department of Homeland Security Natchez, MS. prohibited unless authorized by the Directive 023–01, Rev. 1, associated (b) Regulations. (1) Under the general Captain of the Port Sector Lower implementing instructions, and safety zone regulations in subpart C of Mississippi River or a designated Environmental Planning COMDTINST this part, you may not enter the safety representative. 5090.1 (series), which guide the Coast zone described in paragraph (a) of this DATES: This rule is effective without Guard in complying with the National section unless authorized by the Captain actual notice from March 4, 2021 until Environmental Policy Act of 1969(42 of the Port Sector Lower Mississippi March 10, 2021. For the purposes of U.S.C. 4321–4370f), and have River (COTP) or the COTP’s designated enforcement, actual notice will be used determined that this action is one of a representative. A designated from March 3, 2021 until March 4, 2021. category of actions that do not representative is a commissioned, ADDRESSES: To view documents individually or cumulatively have a warrant, or petty officer of the U.S. mentioned in this preamble as being significant effect on the human Coast Guard assigned to units under the available in the docket, go to https:// environment. This rule involves a operational control of USCG Sector www.regulations.gov, type USCG–2021– temporary safety zone on the LMR at Lower Mississippi River. 0125 in the ‘‘SEARCH’’ box and click MM 368 through 370 in the vicinity of (2) To seek permission to enter, ‘‘SEARCH.’’ Click on Open Docket Natchez, MS, that will prohibit entry contact the COTP or the COTP’s Folder on the line associated with this into this zone. The safety zone will only representative via VHF–FM channel 16 rule. or by telephone at 901–521–4822. Those be enforced while operations preclude FOR FURTHER INFORMATION CONTACT: If in the safety zone must comply with all the safe navigation of the established you have questions on this rule, call or lawful orders or directions given to channel. It is categorically excluded email MSTC Lindsey Swindle, U.S. them by the COTP or the COTP’s from further review under paragraph Coast Guard; telephone 901–521–4813, designated representative. L60(a) of Appendix A, Table 1 of DHS email [email protected]. Instruction Manual 023–01–001–01, (c) Effective period. This section is Rev. 1. A Record of Environmental effective from March 1, 2021, until SUPPLEMENTARY INFORMATION: Consideration supporting this March 15, 2021. I. Table of Abbreviations determination is available in the docket. (d) Information broadcasts. The COTP CFR Code of Federal Regulations For instructions on locating the docket, or a designated representative will inform the public of the enforcement COTP Captain of the Port Sector Lower see the ADDRESSES section of this Mississippi River preamble. times and date for this safety zone DHS Department of Homeland Security through Broadcast Notices to Mariners, G. Protest Activities FR Federal Register Local Notices to Mariners, and/or Safety NPRM Notice of proposed rulemaking The Coast Guard respects the First Marine Information Broadcasts, as § Section Amendment rights of protesters. appropriate. U.S.C. United States Code

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