Safety Zone; Ohio River, New Richmond, OH
| Published date | 24 September 2020 |
| Citation | 85 FR 60115 |
| Record Number | 2020-19852 |
| Section | Proposed rules |
| Court | Coast Guard,Homeland Security Department |
60115
Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Proposed Rules
1
See, e.g., Idaho Farm Bureau Fed’n v. Babbitt,
58 F.3d 1392, 1402–03 (9th Cir. 1995).
Appendix 2—Statement of
Commissioner Dan M. Berkovitz
The part 190 rulemaking supplemental
notice of proposed rulemaking
(‘‘Supplemental NPRM’’) addresses a
potential unintended outcome of the original
NPRM identified in a number of comments
on the proposal. These comments stated that
certain provisions in the original proposed
rule related to the bankruptcy of a derivatives
clearing organization (‘‘DCO’’) could have
significant, unintended and detrimental
impacts on various market participants with
contracts cleared at the DCO. The
Supplemental NPRM presents new,
alternative provisions governing DCO
bankruptcy that are intended to avoid these
impacts. In issuing the Supplemental NPRM,
the Commission seeks public comment on
these alternative provisions.
I support the issuance of this Supplemental
NPRM because it will provide all interested
persons with an opportunity to comment on
the alternative provisions formulated by the
Commission. This alternative approach was
not set forth in the proposal. Providing the
public with notice and opportunity to
comment on rules being considered by the
Commission is not only a basic legal
requirement for agency rulemaking, but it is
sound public policy as well. Public input
from all interested persons is critical to
sound regulation.
Under the Administrative Procedure Act,
the provisions in a final rule must be
reasonably foreseeable and a logical
outgrowth of the provisions in the proposal.
1
The NPRM must contain more than a passing
reference or question about an issue; the
proposal must be sufficiently descriptive for
members of the public to evaluate and
comment on the approach being considered.
The Supplemental NPRM meets that
standard.
I look forward to reviewing all perspectives
on these alternative provisions.
[FR Doc. 2020–21005 Filed 9–23–20; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0537]
RIN 1625–AA00
Safety Zone; Ohio River, New
Richmond, OH
AGENCY
: Coast Guard, DHS.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The Coast Guard is proposing
a temporary safety zone for all navigable
waters of the Ohio River from mile
marker (MM) 452.0 to MM 454.0. This
action is necessary to provide for the
safety of life on these navigable waters
near New Richmond, OH, during a
demolition project. Entry into, transiting
through, or anchoring within this zone
is prohibited unless authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
We invite your comments on this
proposed rulemaking.
DATES
: Comments and related material
must be received by the Coast Guard on
or before October 26, 2020.
ADDRESSES
: You may submit comments
identified by docket number USCG–
2020–0537 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION
section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT
: If
you have questions about this proposed
rulemaking, call or email MST1
Matthew Roberts, Waterways
Department Marine Safety Detachment
Cincinnati, U.S. Coast Guard; telephone
513–921–9033, email msdcincinnati@
uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On July 22, 2020, MCM Management
Corp notified the Coast Guard that it
will be conducting a demolition from 7
a.m. to 9 a.m. on October 16, 2020, as
part of the process to remove the
structures of the Beckjord Power Plant.
The demolition will occur to stuctures
on and close to the waterway. Hazards
from demolition include low visibility
from the smoke and or noise hazards
from the implosion. The Captain of the
Port Sector Ohio Valley (COTP) has
determined that potential hazards
associated with the demolition would
be a safety concern for anyone within
the two mile river closure.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters from Mile Marker
452.0 to 454.0 before, during, and after
the scheduled event. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 7 a.m. to 9 a.m. on
October 16, 2020. The safety zone
would cover all navigable waters from
Mile Marker 452.0 to 454.0 on the Ohio
River bank to bank. The duration of the
zone is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
7 a.m. to 9 a.m. demolition. No vessel
or person would be permitted to enter
the safety zone without obtaining
permission from the COTP or a
designated representative. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. Entry
into the regulated area will be
prohibited from 7 a.m. to 9 a.m. on
October 16, 2020, from Ohio River MM
452.0 to MM 454.0, unless authorized
by the Captain of the Port Sector Ohio
Valley (COTP) or a designated
representative. Moreover, the Coast
Guard will issue written Local Notice to
Mariners and Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the temporary safety zone that
is in place.
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
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Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Proposed Rules
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES
) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the
FOR FURTHER INFORMATION
CONTACT
section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves a safety zone lasting 2
hours that would prohibit entry into the
regulated area. Normally such actions
are categorically excluded from further
review under paragraph L60a of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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.
V. Public Participation and Request for
Comments
We view 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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the
FOR FURTHER INFORMATION
CONTACT
section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 proposes to
amend 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.T08–0537 to read as
follows:
§ 165.T08–0537 Safety Zone; Ohio River,
New Richmond, OH.
(a) Location. The following area is a
temporary safety zone: All navigable
waters of the Ohio River between MM
452.0 to MM 454.0 in New Richmond,
OH.
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Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Proposed Rules
(b) Effective Period. This temporary
safety zone will be in effect on October
16, 2020.
(c) Period of enforcement. This
temporary safety zone will be enforced
from 7 a.m. through 9 a.m. on October
16, 2020.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Ohio Valley (COTP) or
a designated representative. Persons or
vessels desiring to enter into or pass
through the zone must request
permission from the COTP or a
designated representative. They may be
contacted on VHF–FM radio channel 16
or phone at 1–800–253–7465.
(2) Persons and vessels permitted to
enter this safety zone must transit at the
slowest safe speed and comply with all
lawful directions issued by the COTP or
a designated representative.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners and the
Local Notice to Mariners of the
enforcement period for the temporary
safety zone as well as any changes in the
planned schedule.
Dated: September 2, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2020–19852 Filed 9–23–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED–2020–OCTAE–0029]
Proposed Priorities, Requirements,
Definition, and Selection Criteria—
Perkins Innovation and Modernization
Grant Program
AGENCY
: Office of Career, Technical, and
Adult Education, Department of
Education.
ACTION
: Proposed priorities,
requirements, definition, and selection
criteria.
SUMMARY
: The Assistant Secretary for
Career, Technical, and Adult Education
proposes priorities, requirements, a
definition, and selection criteria under
the Perkins Innovation and
Modernization Grant Program, Catalog
of Federal Domestic Assistance (CFDA)
number 84.051F. The Assistant
Secretary may use the priorities,
requirements, definition, and selection
criteria for competitions in fiscal year
(FY) 2020 and later years. We take this
action in order to support the
identification of strong and well-
designed projects that will incorporate
evidence-based and innovative
strategies and activities to improve and
modernize career and technical
education (CTE) and better prepare
youth and adults for in-demand jobs.
DATES
: We must receive your comments
on or before October 26, 2020.
ADDRESSES
: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘How to Use
Regulations.gov’’ in the Help section.
Postal Mail, Commercial Delivery, or
Hand Delivery: If you mail or deliver
your comments about these proposed
regulations, address them to Corinne
Sauri, U.S. Department of Education,
400 Maryland Avenue SW, Room 11–
110, PCP, Washington, DC 20202.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT
:
Corinne Sauri, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 11–110, PCP, Washington, DC
20202. Telephone: (202) 245–6412.
Email: PerkinsIandMGrants@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll-free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION
:
Invitation to Comment: We invite you
to submit comments regarding the
proposed priorities, requirements,
definition, and selection criteria. To
ensure that your comments have
maximum effect in developing the final
priorities, requirements, definition, and
selection criteria, we urge you to
identify clearly the specific proposed
priority, requirement, definition, or
selection criterion your comment
addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Orders
12866, 13563, and 13771 and their
overall requirement of reducing
regulatory burden that might result from
the proposed priorities, requirements,
definition, and selection criteria. Please
let us know of any further ways we
could reduce potential costs or increase
potential benefits while preserving the
effective and efficient administration of
the program.
During and after the comment period,
you may inspect all public comments
about the proposed priorities,
requirements, definition, and selection
criteria by accessing Regulations.gov.
You may also inspect the comments in
person in Room 11–110, PCP, 400
Maryland Avenue SW, Washington, DC,
between the hours of 8:30 a.m. and 4:00
p.m., Eastern time, Monday through
Friday of each week except Federal
holidays. Please contact the person
listed under
FOR FURTHER INFORMATION
CONTACT
.
Specific Requests for Comment: The
Department is particularly interested in
comments on Proposed Priority 4—
Serving Students from Low-Income
Families. We are interested in feedback
about how well this priority would
assist in the determination of whether a
proposed project would predominantly
serve students from low-income families
as well as whether the proposed priority
would be challenging or burdensome for
applicants to meet and, if so, how the
proposed priority could be revised. In
addition, we invite comment about the
appropriateness of the proposed data
sources applicants may use to
demonstrate that the proposed project
will serve students from low-income
families.
We are also interested in comments
about whether there are important
aspects of innovative CTE projects or
the likelihood of project success that the
proposed selection criteria for the I and
M competition do not assess. We are
interested in feedback about whether
there is ambiguity in the language of the
proposed selection criteria that will
make it difficult for applicants to
respond to the criteria and for peer
reviewers to evaluate applications with
respect to the selection criteria.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
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