Safety Zone; Lower Mississippi River, Southwest Pass Sea Buoy to Mile Marker 101, New Orleans, LA

CourtCoast Guard
Citation86 FR 68562
Publication Date03 December 2021
Record Number2021-26281
68562
Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Rules and Regulations
T
ABLE
I–22—S
ELECTION OF
R
ETIREMENT
R
ATE
C
ATEGORY
—Continued
[For valuation dates in 2022
1
]
If participant reaches URA in year—
Participant’s retirement rate category is—
Low
2
if monthly
benefit at URA is
less than—
Medium
3
if monthly benefit at
URA is— High
4
if monthly
benefit at URA is
greater than—
From— To—
2032 or later .................................................................................... 847 847 3,579 3,579
1
Applicable tables for valuation dates before 2022 are available on PBGC’s website (www.pbgc.gov).
2
Table II–A.
3
Table II–B.
4
Table II–C.
* * * * *
Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory
Affairs, Pension Benefit Guaranty
Corporation.
[FR Doc. 2021–26234 Filed 12–2–21; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0885]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
Southwest Pass Sea Buoy to Mile
Marker 101, New Orleans, LA
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary moving safety
zone around the heavy load carrier
vessel ZHEN HUA 23 as she transits the
Lower Mississippi River between the
Southwest Pass Sea Buoy and Port of
New Orleans Terminal, mile marker
101. The moving safety zone extends
from bank to bank encompassing one-
mile ahead and one-mile astern of the
vessel. This safety measure is necessary
to protect persons and vessels from the
potential safety hazards associated with
congested maritime traffic on the Lower
Mississippi River and the limited
maneuverability and visibility of the
vessel.
DATES
: This rule is effective from
December 5, 2021 through December 15,
2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0885 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email Lieutenant Commander William
Stewart, Sector New Orlean, U.S. Coast
Guard; telephone 504–365–2246, email
William.A.Stewart@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
AHP Above Head of Passes
BHP Below Head of Passes
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Sector New
Orleans
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of proposed rulemaking
MSIB Marine Safety Informtion Bulletin
§ 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 the
expected arrival of the vessel is less
than two weeks away. It is impracticable
to publish an NPRM because we must
establish this safety zone prior to the
vessel’s arrival on December 5, 2021.
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 potential safety hazards
associated with congested maritime
traffic on the Lower Mississippi River
and the limited maneuverability and
visibility of the heavy load carrier
vessel.
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 New Orleans (COTP)
has determined that temporary moving
safety zone is necessary to provide for
the safety of persons, vessels, and the
marine environment during the transit
of the heavy load carrier vessel ZHEN
HUA 23 to the Port of New Orleans with
limited maneuverability and visibility.
Potential hazards include risk of injury
if normal vessel traffic were to interfere
with the vessel’s movement. The transit
is scheduled to take place from 6 a.m.
on December 5, 2021 through 8 p.m. on
December 15, 2021, in the navigable
waters of the Lower Mississippi River.
This rule is needed to protect persons,
vessels, and the marine environment
from hazards associated with the
vessel’s limited maneuverability and
visibility in the navigable waters within
the safety zone while the vessel transits.
IV. Discussion of the Rule
This rule establishes a temporary
moving safety zone from December 5,
2021 through December 15, 2021. The
safety zone will cover all navigable
waters around the heavy load carrier
vessel ZHEN HUA 23 as she transits the
Lower Mississippi River between the
Southwest Pass Sea Buoy and Port of
New Orleans Terminal, MM 101. The
moving safety zone extends from bank
to bank encompassing one-mile ahead
and one-mile astern of the vessel. This
safety measure is necessary to protect
persons and vessels from the potential
VerDate Sep<11>2014 17:37 Dec 02, 2021 Jkt 256001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1
jspears on DSK121TN23PROD with RULES1
68563
Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Rules and Regulations
safety hazards associated with
congested maritime traffic on the Lower
Mississippi River and the limited
maneuverability and visibility of the
vessel. 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
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 minimal impacts on routine
navigation expected. The temporary
moving safety zone will not interfere
with a vessel’s ability to make passing
and overtaking arrangements. Routine
navigation around and near the
proposed safety zone will not be
impacted. The temporary moving safety
zone is intended to enable early
notification of passing or overtaking
arrangements, providing additional time
and opportunity to negotiate
navigational arrangements and to
maneuver without causing delay in
transit for both the heavy load carrier
and the other vessels operating in the
area.
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 moving 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
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
establishing a temporary moving safety
zone one mile ahead, one mile astern
and bank to bank of heavy load carrier
vessel ZHEN HUA 23 on the LMR,
lasting ten days. It is categorically
excluded from further review under
paragraph L60(a) 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:
VerDate Sep<11>2014 17:37 Dec 02, 2021 Jkt 256001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1
jspears on DSK121TN23PROD with RULES1
68564
Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Rules and Regulations
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, Revision No. 01.2.
2. Add § 165.T08–0885 to read as
follows:
§ 165.T08–0885 Safety Zone; Lower
Mississippi River, Southwest Pass Sea
Buoy to Mile Marker 101, New Orleans, LA.
(a) Location. The following area is a
safety zone: All navigable waters within
the Lower Mississippi River and
Southwest Pass, around heavy lift
carrier vessel ZHEN HUA 23 transiting
between the Southwest Pass Entrance
Lighted Buoy ‘‘SW’’, at approximate
position 28°5242N, 89°2554W [NAD
83] and Port of New Orleans at
approximate LMR MM 101 in New
Orleans, Louisiana. The temporary
moving safety zone extends bank to
bank, encompassing all waters one-mile
ahead and one-mile astern of the vessel.
The zone remains in effect during the
entire transit of the vessel.
(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 New Orleans (COTP) in the
enforcement of the safety zone.
(c) 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 COTP
or the COTP’s designated representative,
except as provided for in paragraph
(c)(3) of this section.
(2) For this section the Pilot directing
the movement of the heavy load carrier
vessel ZHEN HUA 23 under the
authority of the master has the authority
to allow other vessels to enter the safety
zone when necessary.
(3) All vessels are prohibited from
entering this safety zone unless
authorized as follows:
(i) Vessels that have made suitable
passing or overtaking arrangements with
the pilot onboard the vessel ZHEN HUA
23 may enter into this safety zone in
accordance with those agreed upon
arrangements.
(ii) Moored vessels or vessels
anchored in a designated anchorage area
may remain in their current moored or
anchored position while the vessel
ZHEN HUA 23 transits the area.
(iii) Barge Fleets or vessels working a
fleet may continue their current
operations while the vessel ZHEN HUA
23 transits the area.
(4) Vessels requiring a deviation from
this rule must request permission from
the Captain of the Port New Orleans.
The Captain of the Port New Orleans
may be contacted at (504) 365–2545.
(d) Enforcement period. This section
will be enforced from 6 a.m. on
December 5, 2021 through 8 p.m. on
December 15, 2021.
(e) 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
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: November 29, 2021
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2021–26281 Filed 12–2–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0808]
RIN 1625–AA00
Safety Zone; Tchefuncte River,
Madisonville, LA
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary safety zone for
a fireworks display on December 4, 2021
from 9 p.m. through 10 p.m. The safety
zone is needed to protect people and the
environment on these navigable waters
of the Tchefuncte River, LA. This
proposed rulemaking would prohibit
persons and vessels from entering the
safety zone unless authorized by the
Captain of the Port (COTP) Sector New
Orleans or a designated representative.
DATES
: This rule is effective from 9 p.m.
to 10 p.m. on December 4, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0808 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT
: If
you have questions about this proposed
rulemaking, call or email Lieutenant
Commander William A. Stewart,
Waterways Management Division Chief,
U.S. Coast Guard; telephone 504–365–
2246, email William.A.Stewart@
uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On October 19, 2021, the Coast Guard
received a marine event permit
application for a fireworks display on
December 4, 2021 from 9 p.m. through
10 p.m. Fireworks display will be
launched from a barge in the Tchefuncte
River in the approximate position 30
23–52.4 N, 90 09–14.48 W. In response,
on November 10, 2021, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety Zone;
Tchefuncte River, Madisonville, LA’’
(86 FR 62500). 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
November 22, 2021, we received no
comments.
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 this fireworks display.
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 COTP
New Orleans has determined that
potential hazards associated with the
fireworks to be used in this December 4,
2021 display will be a safety concern for
anyone within a 200 yard radius of the
barge on the Tchefuncte River at 30 23–
52.4 N, 90 09–14.48 W. The purpose of
this rule is to ensure safety of vessels
and the navigable waters in the safety
zone before, during, and after the
scheduled event.
VerDate Sep<11>2014 17:37 Dec 02, 2021 Jkt 256001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1
jspears on DSK121TN23PROD with RULES1

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT