Safety Zone; Lower Mississippi River, Mile Markers 330.0-360.0, MS

Cited as86 FR 8687
CourtCoast Guard
Publication Date09 Feb 2021
Record Number2021-02436
8687
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
public an opportunity to comment on
the topics addressed at a later time.
Accordingly, the final rule amending
20 CFR part 702 published in the
Federal Register on December 14, 2020
(85 FR 80601) are withdrawn as of
February 9, 2021.
Christopher J. Godfrey,
Director, Office of Workers’ Compensation
Programs.
[FR Doc. 2021–02723 Filed 2–8–21; 8:45 am]
BILLING CODE 4510–CR–P
DEPARTMENT OF LABOR
Office of the Secretary of Labor
29 CFR Part 22
Occupational Safety and Health
Administration
29 CFR Part 1986
RIN 1290–AA28
Rules of Practice and Procedure
Concerning Filing and Service and
Amended Rules Concerning Filing and
Service; Correction
AGENCY
: Employment and Training
Administration, Office of Workers’
Compensation Programs, Office of the
Secretary, Office of Labor-Management
Standards, Wage and Hour Division,
Occupational Safety and Health
Administration, Office of Federal
Contract Compliance Programs.
ACTION
: Direct final rule; correction.
SUMMARY
: The Department of Labor
(Department or DOL) is correcting a
direct final rule that appeared in the
Federal Register on January 11, 2021,
‘‘Rules of Practice and Procedure
Concerning Filing and Service and
Amended Rules Concerning Filing and
Service.’’ The companion proposed rule
to the final rule was published in the
same issue of the Federal Register. The
final rule required electronic filing (e-
filing) and made acceptance of
electronic service (e-service) automatic
for attorneys and non-attorney
representatives representing parties in
proceedings before the Administrative
Review Board, unless the Board
authorized non-electronic filing and
service for good cause. Among other
changes, the final rule was intended to
revise several sections of the Code of
Federal Regulations. However, the final
rule as published inadvertently omitted
amendatory instructions to revise two
section headings, despite providing
revised language for those headings.
This document provides the omitted
amendatory instructions to ensure that
these two section headings are revised
as written in the final rule.
DATES
: This correction is effective on
February 25, 2021, unless the
Department receives a significant
adverse comment to the underlying
direct final rule or its companion
proposed rule by February 10, 2021 that
explains why the rule is inappropriate.
FOR FURTHER INFORMATION CONTACT
: Mr.
Thomas Shepherd, Clerk of the
Appellate Boards, at 202–693–6319 or
Shepherd.Thomas@dol.gov.
SUPPLEMENTARY INFORMATION
: DOL is
making the following corrections to the
final rule, as published in the Federal
Register on Monday, January 11, 2021
(86 FR 1772).
DOL is adding amendatory
instructions to change the section
headings of two sections of the Code of
Federal Regulations.
At 86 FR 1781, third column, 29 CFR
part 22, amendatory instruction 43
revised § 22.39, paragraphs (a), (b)(3),
(c), (f), and (h) through (l). The text of
§ 22.39 as written in the final rule also
included a revised section heading;
however, amendatory instruction 43 did
not specify that the section heading
should be revised in addition to the text
of the above-listed paragraphs. In this
action, amendatory instruction 43 is
corrected to clarify that the section
heading of § 22.39 should be revised as
well. Amendatory instruction 43 is
corrected to read: ‘‘43. In § 22.39, revise
the section heading and paragraphs (a),
(b)(3), (c), (f), and (h) through (l) to read
as follows:’’. The section heading is
being revised to read ‘‘Appeal to ARB’’
instead of ‘‘Appeal to authority head.’’
This change is in keeping with the
Department’s clearly expressed intent in
the preamble of the final rule to revise
references in the regulations to an
‘‘authority head’’ to references to the
‘‘ARB’’ in order to clarify the
responsibilities of the Administrative
Review Board.
At 86 FR 1793, third column, 29 CFR
part 1986, amendatory instruction 133
revised § 1986.110, paragraph (c). The
text of § 1986.110 as written in the final
rule also included a revised section
heading; however, amendatory
instruction 133 did not specify that the
section heading should be revised in
addition to the text of paragraph (c). In
this action, amendatory instruction 133
is corrected to clarify that the section
heading of § 1986.110 should be revised,
as well. Amendatory instruction 133 is
corrected to read: ‘‘133. In § 1986.110,
revise the section heading and
paragraph (c) to read as follows:’’. The
section heading is being revised to read
‘‘Decision and orders of the
Administrative Review Board’’ instead
of ‘‘Decisions and order of the
Administrative Review Board.’’ The
change to § 1986.110 is intended to
make the section heading consistent
with other similar section headings in
the chapter of Title 29 that are titled
‘‘Decision and orders of the
Administrative Review Board.’’
Federal Register Correction
In the final rule published at 86 FR
1772 in the issue of January 11, 2021,
the following corrections are made:
PART 22—PROGRAM FRAUD CIVIL
REMEDIES ACT OF 1986
§ 22.39 [Corrected]
1. On page 1781, in the third column,
correct amendatory instruction 43 to
read: ‘‘43. In § 22.39, revise the section
heading and paragraphs (a), (b)(3), (c),
(f), and (h) through (l) to read as
follows:’’.
PART 1986—PROCEDURES FOR THE
HANDLING OF RETALIATION
COMPLAINTS UNDER THE EMPLOYEE
PROTECTION PROVISION OF THE
SEAMAN’S PROTECTION ACT (SPA),
AS AMENDED
§ 1986.110 [Corrected]
2. On page 1793, in the third column,
correct amendatory instruction 133 to
read: ‘‘133. In § 1986.110, revise the
section heading and paragraph (c) to
read as follows:’’.
Dated: February 3, 2021.
Milton A. Stewart,
Acting Secretary of Labor.
[FR Doc. 2021–02564 Filed 2–8–21; 8:45 am]
BILLING CODE 4510–HW–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0036]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
Mile Markers 330.0–360.0, MS
AGENCY
: Coast Guard, Department of
Homeland Security (DHS).
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary fixed and
moving safety zone for all navigable
waters within 300 yards of the U.S.
Army Corps of Engineers (USACE) Bank
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8688
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
Grading Units and USACE Mat Sinking
Unit while operating on the Lower
Mississippi River, in the vicinity of
Moreville revetment, MS. The safety
zone is needed to protect persons and
property, from the potential safety
hazards associated with the bank
grading and mat sinking operations
performed by the USACE. 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
: This rule is effective without
actual notice from February 9, 2021
until March 15, 2021. For the purposes
of enforcement, actual notice will be
used from February 8, 2021 until
February 9, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0036 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email MSTC Lindsey Swindle, U.S.
Coast Guard; telephone 901–521–4813,
email Lindsey.M.Swindle@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. 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
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. Immediate action is
needed to protect persons and property
from the potential safety hazards
associated with the bank grading and
mat sinking operations performed by the
USACE on the Lower Mississippi River
(LMR). The NPRM process would delay
the establishment of the safety zone
until after the date of the event and
compromise public safety. 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 the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the the
bank grading and mat sinking
operations performed by the USACE.
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 Lower
Mississippi River (COTP) has
determined that potential hazards
associated with the bank grading and
mat sinking operations will be a safety
concern for anyone within a 300 yard
radius of USACE equipment. This rule
is needed to protect persons and
property, within the safety zone while
USACE operations are being conducted.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from February 8, 2021
through March 15, 2021. The safety
zone will cover all navigable waters of
the LMR from mile marker (MM) 330.0
to MM 360.0. The duration of this safety
zone is intended to ensure the safety of
waterway users on these navigable
waters during USACE operations.
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–
521–4822. 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.
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
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 the size, location, and
duration of the safety zone. This
emergency safety zone will temporarily
restrict navigation on the LMR from MM
330 through MM 360, from February 8,
2021 through March 15, 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 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 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
temporary 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,
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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
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
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
temporary emergency safety zone on the
LMR from MM 330 through MM 360,
that will prohibit entry into this zone.
The safety zone will only be enforced
while operations preclude the safe
navigation of the established channel. It
is categorically excluded from further
review under paragraph L60 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
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. 0170.1.
2. Add § 165.T08–0036 to read as
follows:
§ 165.T08–0036 Safety Zone; Lower
Mississippi River, Mile Markers 330.0–360.0,
MS.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River from Mile
Marker (MM) 330 through MM 360.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Lower Mississippi
River (COTP) or the COTP’s 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 Lower Mississippi River.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16
or by telephone at 901–521–4822. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(c) Effective period. This section is
effective without actual notice from
February 9, 2021 until March 15, 2021.
For the purposes of enforcement, actual
notice will be used from February 8,
2021 until February 9, 2021.
(d) Information broadcasts. 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,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
appropriate.
Dated: February 1, 2021.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2021–02436 Filed 2–8–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0288; FRL–10016–
56–Region 3]
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the Harrisburg-Lebanon-
Carlisle Area
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Final rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is approving a state
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khammond on DSKJM1Z7X2PROD with RULES