[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Rules and Regulations]
[Pages 13653-13655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04949]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0123]
RIN 1625-AA00


Safety Zone; Arkansas River, Mile Marker 126.6, Little Rock, AR

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: 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 USCG-
2021-0123 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 901-521-4813, email [email protected].

SUPPLEMENTARY INFORMATION:

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
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

I. Public Participation and Request for Comments

    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 website's 
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 DHS's 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 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
Sec.  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 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 temporary interim rule 
because it is impracticable. Delaying the effective date by first 
publishing an NPRM would be contrary to the safety zone's 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. 553(d)(3), 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.

[[Page 13654]]

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-
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.

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. 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. 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 
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 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 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 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 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. 3501-
3520).

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. 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 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 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in

[[Page 13655]]

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 temporary interim rule involves a 
temporary safety zone on the AR between MM 126 and MM 127 in the 
vicinity of Little Rock, AR that will prohibit entry into this zone. 
The temporary 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(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:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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.


0
2. Add Sec.  165.T08-0123 to read as follows:


Sec.  165.T08-0123  Safety Zone; Arkansas River, Mile Marker 126.6, 
Little Rock, AR

    (a) Location. The following area is a safety zone: All navigable 
waters of the Arkansas River between Mile Marker (MM) 126 and MM 127 in 
the vicinity of Little Rock, AR.
    (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 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 from March 10, 2021 
until July 12, 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: March 4, 2021.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi 
River.
[FR Doc. 2021-04949 Filed 3-9-21; 8:45 am]
BILLING CODE 9110-04-P