Federal Register - March 10, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations
1231. The Captain of the Port Sector Lower Mississippi River COTP has determined that potential hazards associated with the bridge construction, would be a safety concern for all persons and vessels on the Arkansas River between MM 126 and MM 127 in the vicinity of Little Rock, AR. This temporary interim rule is needed to protect persons, property, infrastructure, and the marine environment in all waters of the AR within the safety zone while bridge construction is being conducted.
V. Discussion of the Temporary Interim Rule This temporary interim rule establishes a temporary safety zone from March 10, 2021 through July 12, 2021.
The safety zone will cover all navigable waters of the AR between MM 126 and MM 127 in the vicinity of Little Rock, AR. The duration of this safety zone is intended to ensure the safety of waterway users on these navigable waters during the bridge construction.
Entry of persons or vessels into this safety zone 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 assigned to units under the operational control of USCG Sector Lower Mississippi River. Persons or vessels seeking to enter the safety zones must request permission from the COTP
or a designated representative on VHF
FM channel 16 or by telephone at 901
5214822. If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners BNMs, Local Notices to Mariners LNMs, and/
or Marine Safety Information Bulletins MSIBs, as appropriate.
VI. Regulatory Analyses We developed this temporary interim 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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This temporary interim rule has not been designated a significant regulatory action, under Executive Order 12866. Accordingly, this temporary interim rule has not been reviewed by the Office of Management and Budget OMB.
This regulatory action determination is based on the size, location, and duration of the safety zone. This temporary safety zone will temporarily restrict navigation on the AR between MM 126 and MM 127 in the vicinity of Little Rock, AR, from March 10, 2021
through July 12, 2021. Moreover, The Coast Guard will issue Broadcast Notices to Mariners BNMs, Local Notices to Mariners LNMs, and/or Marine Safety Information Bulletins MSIBs, as appropriate. The temporary interim 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. 601612, 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.
605b that this temporary interim 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 temporary safety zone may be small entities, for the reasons stated in section V.A above, this temporary interim rule will not have a significant economic impact on any vessel owner or operator.
Under section 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, we want to assist small entities in understanding this temporary interim rule. If the temporary interim 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
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annually and rates each agencys responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1
888REGFAIR 18887343247. The Coast Guard will not retaliate against small entities that question or complain about this temporary interim rule or any policy or action of the Coast Guard.
C. Collection of Information This temporary interim rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 44 U.S.C. 35013520.
D. Federalism and Indian Tribal Governments A temporary interim 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 temporary interim 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 temporary interim 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. 15311538 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 temporary interim rule will not result in such an expenditure, we do discuss the effects of this temporary interim rule elsewhere in this preamble.
F. Environment We have analyzed this temporary interim rule under Department of Homeland Security Directive 02301, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 series, which guide the Coast Guard in
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