Federal Register - March 10, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations V. Discussion of the Temporary Interim Rule VI. Regulatory Analyses A. Regulatory Planning and Review B. Impact on Small Entities C. Assistance for Small Entities D. Federalism and Indian Tribal Governments E. Unfunded Mandates Reform Act F. Environment G. Protest Activities
Dated: March 4, 2021.
R.S. Rhodes, Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi River.
FR Doc. 202104948 Filed 3921; 8:45 am BILLING CODE 911004P
DEPARTMENT OF HOMELAND
SECURITY
I. Public Participation and Request for Comments
Coast Guard 33 CFR Part 165
Docket Number USCG20210123
RIN 1625AA00
Safety Zone; Arkansas River, Mile Marker 126.6, Little Rock, AR
Coast Guard, DHS.
Temporary interim rule with request for comments.
AGENCY:
ACTION:
The Coast Guard is establishing a temporary safety zone for all navigable waters of the Arkansas River AR, between Mile Marker MM
126 and MM 127. The safety zone is needed to protect persons, property, and the marine environment from the potential safety hazards associated with bridge construction in the vicinity of Little Rock, AR. Entry of persons or vessels into this zone is prohibited unless authorized by the Captain of the Port Sector Lower Mississippi River or a designated representative.
DATES:
Effective date: This temporary interim rule is effective from March 10, 2021
until July 12, 2021.
Comments due date: Comments and related material must reach the Coast Guard on or before April 9, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0123 in the SEARCH box and click SEARCH. Click on Open Docket Folder on the line associated with this temporar interim rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary interim rule, call or email MSTC
Lindsey Swindle, U.S. Coast Guard;
telephone 9015214813, email Lindsey.M.Swindle@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents for Preamble I. Public Participation and Request for Comments II. Abbreviations III. Background Information and Regulatory History IV. Legal Authority and Need for the Temporary Interim Rule
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The Coast Guard views public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.
Your comment can help us amend this regulation so that it provides a better solution to the problem we seek to address. We may issue a temporary final rule or other appropriate document in response to your comments.
We encourage you to submit comments through the Federal eRulemaking Portal at https
www.regulations.gov. If you cannot submit your material by using https
www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION
CONTACT section of this temporary interim rule for alternate instructions.
Documents mentioned in this temporary interim rule as being available in the docket, and all public comments, will be available in our online docket at https www.regulations.gov, and can be viewed by following that websites instructions. We review all comments received, but we will only post comments that address the topic of the temporary interim rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. If you visit the online docket and sign up for email alerts, you will be notified when comments are posted.
We accept anonymous comments.
Comments we post to https
www.regulations.gov will include any personal information you have provided. For more about privacy and submissions to the docket in response to this document, see DHSs eRulemaking System of Records notice 85 FR 14226, March 11, 2020.
We do not plan to hold a public meeting but we will consider doing so if we determine from public comments that a meeting would be helpful. We would issue a separate Federal Register
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notice to announce the date, time, and location of such a meeting.
II. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Lower Mississippi River DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Section U.S.C. United States Code
III. Background Information and Regulatory History The Coast Guard is issuing this temporary interim rule without prior notice and opportunity to comment pursuant to authority under section 4a of the Administrative Procedure Act APA 5 U.S.C. 553b. 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.
553bB, the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking NPRM
with respect to this temporary interim rule because it is impracticable.
Delaying the effective date by first publishing an NPRM would be contrary to the safety zones intended objections since immediate action is needed to protect persons and property from the potential safety hazards associated with the bridge construction. Such hazards may include failing debris from the construction project.
Under 5 U.S.C. 553d3, the Coast Guard finds that good cause exists for making this temporary interim rule effective less than 30 days after publication in the Federal Register. Due to the need for immediate action, the restriction of vessel traffic is necessary to protect life, property and the environment. Therefore, a 30-day notice is impracticable. Delaying the effective date of this temporary interim rule would be contrary to the public interest because immediate action is needed to protect persons and vessels from the potential safety hazards associated with the bridge construction in the vicinity of Little Rock, AR.
We are soliciting comments on this rulemaking. If the Coast Guard determines that changes to the temporary interim rule are necessary, we will publish a temporary final rule or other appropriate document.
IV. Legal Authority and Need for the Temporary Interim Rule The Coast Guard is issuing this temporary interim rule under authority in 46 U.S.C. 70034 previously 33 U.S.C.
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