[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Page 12353]
[FR Doc No: 2020-04185]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88276; File No. SR-CboeBZX-2020-003]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To List and Trade Shares of the -1x Short VIX Futures ETF, a
Series of VS Trust, Under Rule 14.11(f)(4) (Trust Issued Receipts)

February 25, 2020.
    On January 3, 2020, Cboe BZX Exchange, Inc. (``BZX'') filed with
the Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the -1x Short VIX Futures ETF, a series of VS Trust, under
Rule 14.11(f)(4) (``Trust Issued Receipts''). The proposed rule change
was published for comment in the Federal Register on January 23,
2020.\3\ The Commission has received no comment letters on the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 87992 (January 16,
2020), 85 FR 4023.
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    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is March 8, 2020. The Commission is extending this 45-day time period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates April 22, 2020, as the date by which the Commission
shall either approve or disapprove or institute proceedings to
determine whether to disapprove the proposed rule change (File Number
SR-CboeBZX-2020-003).
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    \5\ Id.
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-04185 Filed 2-28-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Rules and Regulations]
[Pages 9117-9121]
[FR Doc No: 2016-04029]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 372

[Docket No FMCSA-2015-0372]
RIN 2126-AB86

Commercial Zones at International Border With Mexico

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule; interim final rule and request for comments.

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SUMMARY: FMCSA issues a final rule establishing the New Mexico
Commercial Zone in Dona Ana County and Luna County, NM. This action is
required by the Transportation Equity Act for the 21st Century (TEA-
21). The Agency also issues an interim final rule establishing an
expanded commercial zone for the City of El Paso, TX, which now
includes the new Tornillo-Guadalupe international bridge and port of
entry on the border with Mexico. Additionally, through this action,
FMCSA provides clarification on the definition of the San Luis, AZ
commercial zone. The Agency is interested in receiving public comments
regarding what should constitute the eastern boundary for the FMCSA's
commercial zone for the City of El Paso, TX, that would include the new
Tornillo-Guadalupe international bridge, port of entry, and public
access roads O.T. Smith Road and Texas Farm-to-Market Road 3380 (M.F.
Aguilera Highway) to Interstate Highway 10.

DATES: Effective Date: The additions of 49 CFR 372.245 (final rule) and
372.247 (interim final rule) are both effective on February 24, 2016.
    Comment Period Date: Comments only on the amendments to Sec.
372.247 (interim final rule), related to the City of El Paso, TX's
commercial zone, must be received on or before March 25, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System Docket ID [FMCSA-2015-0372] using any of the
following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
    Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 0590-0001.
    Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal holidays.
    Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The online Federal document management system
is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Bryan Price, Chief, North American
Borders Division, FMCSA, 1200 New Jersey Avenue SE., Washington, DC
20590-0001. Telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Legal Basis

    The statutes authorizing FMCSA to regulate certain economic
activities of motor carriers provide for several exemptions. One of
them, the ``commercial zone'' exemption, now set out in 49 U.S.C.
13506(b)(1), provides that, except to the extent FMCSA finds it
necessary to exercise jurisdiction to carry out the transportation
policy of 49 U.S.C. 13101, FMCSA has no jurisdiction under 49 U.S.C.
subtitle IV, part B\1\ over transportation provided entirely in a
municipality, in contiguous municipalities, or in a zone that is
adjacent to, and commercially a part of, the municipality or
municipalities, except when the transportation is under common control,
management, or arrangement for a continuous carriage or shipment to or
from a place outside the municipality, municipalities, or zone. The
statute does not specify the geographic limits of a commercial zone.
From the outset commercial zone limits have usually been established by
agency rulemaking under authority provided by 49 U.S.C. 13301(a).
Authority to administer the provisions of 49 U.S.C. 13506 has been
delegated by the Secretary to the Administrator of FMCSA. 49 CFR
1.87(a)(3).
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    \1\ This commercial zone exemption thus applies only to
commercial regulations applicable to motor carriers, such as the
requirements for operating authority set out in 49 U.S.C. 13901-
13904 and 49 CFR parts 365, and 390. Mexico-domiciled motor carriers
operating in commercial zones at the international border are
required to obtain certificates of registration under 49 U.S.C.
13902(c) and 49 CFR part 368. At one time, motor carrier operations
in commercial zones were exempt from most safety regulations, but
since 1989, such operations have been subject to all of the Federal
Motor Carrier Safety Regulations, with one very limited exception
for certain drivers. 49 U.S.C. 31136(f), Federal Motor Carrier
Safety Regulations; General, 53 FR 18042, 18044-49 (May 19, 1988)
and Federal Motor Carrier Safety Regulations; General; Exempt
Intracity Zone; Foreign Motor Carriers, 54 FR 12200 (Mar. 24, 1989).
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    Although the promulgation of a rule to establish a commercial zone
would ordinarily involve the issuance of a notice of proposed
rulemaking and an opportunity for public comment, the Administrative
Procedure Act does permit their omission for good cause, when ``notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest.'' 5 U.S.C. 553(b)(B). In addition, a
final rule that is ``a substantive rule which grants or recognizes an
exemption'' may be made effective on less than the 30 days' notice that
is usually required. 5 U.S.C. 553(d).
    The establishment of the New Mexico Commercial Zone changes is a
nondiscretionary ministerial action that can be taken without issuing a
notice of proposed rulemaking and receiving public comment, in
accordance with the good cause exception available to Federal agencies
under the Administrative Procedure Act.
    Due to the imminent opening of the Tornillo-Guadalupe port of entry
to commercial traffic to and from Mexico, it is critical that motor
carriers, drivers, and law enforcement recognize the expanded
commercial zone for the City of El Paso. However, the Agency is still
interested in receiving public comments related to establishing
boundaries specific to this commercial zone. Therefore, this second
action is published as an interim final rule also in accordance with
the good cause exception available to Federal agencies under the
Administrative Procedure Act.

Background

    In the 1930s, the Interstate Commerce Commission (ICC) established
commercial zones under authority of the Motor Carrier Act of 1935.\2\
Originally, the ICC defined commercial zones on a case-by-case basis.
According to a June 26, 1978, report by the U.S. General Accounting
Office titled, ``ICC's Expansion of Unregulated Motor Carrier
Commercial Zones Has Had Little or No Effect on Carriers and Shippers,
CED-78-124'',\3\ the ICC established a population-mileage formula by
rule in 1946,\4\ with the idea that population and mileage ``provided a
reasonably accurate definition of commercial zones because urban
development normally expands in all directions from the central city.''
Those general rules, which were revised by the ICC in 1976,\5\ are now
found at 49 CFR 372.239, 372.241 and 372.243. The ICC also allowed
municipalities ``to request specifically defined zones if [the
municipalities] believed the territory included by the population-
mileage formula was too small.'' A number of such specifically defined
commercial zones are established in 49 CFR part 372.
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    \2\ For example, see 2 FR 2498, Nov. 18, 1937, ``Los Angeles,
Calif. Commercial Zone'' decision, and 2 FR 2500, Nov. 18, 1937,
``Order Relative to Los Angeles, Calif. Commercial Zone.''
    \3\ See http://www.gao.gov/assets/130/123259.pdf.
    \4\ 11 FR 14693, Dec. 27, 1946.
    \5\ 41 FR 56652, Dec. 29, 1976.
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    When the ICC was dissolved (ICC Termination Act of 1995, Public Law
104-88, 109 Stat. 803, (December 29, 1995)), its remaining authorities
to regulate motor carrier transportation were transferred to the U.S.
Department of Transportation's Federal Highway Administration (FHWA) as
the successor agency. Responsibility for administration of these
authorities was later transferred to FMCSA in the Motor Carrier Safety
Improvement Act of 1999, Public Law 106-159, 113 Stat. 1748 (Dec. 9,
1999).

New Mexico Commercial Zone

    Section 4031 of Transportation Equity Act for the 21st Century,
Public Law 105-178, 112 Stat. 419 (June 9, 1998) (TEA-21) provided for
the designation of a New Mexico Commercial Zone, comprised of two
counties in New Mexico: Dona Ana County and Luna County. The new zone
is limited to use by motor carriers of property. There are two border
crossings between Mexico and the United States within this commercial
zone; Santa Teresa, and Columbus, NM. This new commercial zone went
into effect on the date of enactment of the TEA-21 Act, June 9, 1998.
However, FHWA did not codify these changes in its regulations at that
time.
    The responsibilities of the ICC, first transferred to FHWA, were
subsequently transferred to FMCSA upon its establishment on January 1,
2000. When FMCSA became aware of the fact that the regulations at 49
CFR part 372, subpart B--Commercial Zones, were not updated to include
the New Mexico Commercial Zone comprising these two counties in New
Mexico, the Agency included the codification of this commercial zone in
the ``Unified Registration System'' (URS) notice of proposed
rulemaking.\6\ No comments were received on this issue. However, this
codification was not included in the Oct. 23, 2013, final rule.\7\
Today's final rule corrects that oversight.
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    \6\ 70 FR 28990, at 29052, May 19, 2005.
    \7\ 78 FR 52608.
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    FMCSA finds that there is good cause for omitting notice and an
opportunity for public comment on the rule codifying the New Mexico
Commercial Zone. Notice and comment is unnecessary because TEA-21
established the commercial zone in 1998. In any case, an opportunity
for public comment was already provided in the URS rulemaking and no
comments were received.

City of El Paso, TX Commercial Zone

    The County of El Paso submitted a Presidential Permit application
on April 14, 2003, to the U.S. Department of State for review/approval
of a replacement port of entry location for the Fabens-Caseta
International Bridge (connecting Fabens, TX to Caseta, Chihuahua,
Mexico). The Department of State issued the Presidential Permit on
March 16, 2005, for the construction, maintenance, and operation of the
bridge pursuant to Executive Order 11423, ``Delegation of Functions to
Secretary of State Respecting Certain Facilities Constructed and
Maintained on United States Borders.'' \8\
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    \8\ 33 FR 11741, Aug. 16, 1968.
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    Presidential Permit 05-01 is titled ``Authorizing the County of El
Paso, TX, to Construct, Operate, and Maintain an International Bridge,
Its Approaches and Facilities, at the International Boundary Between
the United States and Mexico.'' This permit, with conditions, granted
El Paso County the authority to construct, operate, and maintain an
international bridge. The permit noted that the name of the bridge was
proposed as the ``Tornillo-Guadalupe New International Bridge.'' The
bridge was to be constructed, ``approximately 1,950 feet upstream''
from the existing Fabens-Caseta International Bridge. The permit
specified that, ``[T]he proposed Tornillo International Bridge will
facilitate passenger vehicles, commercial trucks, and pedestrian
traffic.'' In June 2011, the General Services Administration (GSA)
announced the kick-off of construction of the new port facility,
including a six-lane replacement bridge. The scope of this project
required GSA to secure Congressional approval of the project's
prospectus.
    The new bridge and port of entry facilities on both sides of the
international border have been completed and were opened to personally
owned vehicles and pedestrians on February 4, 2016. The new bridge and
port of entry facilities are expected to be opened to commercial
traffic in March 2016.
    The commercial zone of the City of El Paso is currently defined by
the general provisions of 49 CFR 372.239, 372.241 and 372.243 to
include the municipality, all municipalities contiguous to the City of
El Paso, and all other municipalities and all unincorporated areas that
are adjacent to the City of El Paso including, ``when the base
municipality has a population of 500,000 but less than 1 million [El
Paso had a population of 649,121 as of the 2010 census], all
unincorporated areas within 15 miles of its corporate limits and all of
any other municipality any part of which is within 15 miles of the
corporate limits of the base municipality.'' 49 CFR 372.241(c)(6). The
unincorporated communities of Tornillo, TX, the intersection \9\ of
Interstate Highway 10 with O.T. Smith Road and Texas Farm-to-Market
Road 3380 (M.F. Aguilera Highway), as well as the area near the
location of the new port of entry, are more than 15 miles from the
closest municipal boundary of the City of El Paso. Those areas are thus
not included as part of the current El Paso commercial zone.
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    \9\ A map depicting the intersection of Interstate 10 with O.T.
Smith Road and Farm-to-Market Road 3380 is included in the draft
EA's Appendix A as Figure 4 at http://www.regulations.gov/#!documentDetail;D=FMCSA-2015-0372-0001.
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    As a result, FMCSA must establish a commercial zone for the City of
El Paso that clearly includes the new border crossing, which, unlike
the current border crossing, will be used by motor carriers of both
property and passengers. The expanded commercial zone must also include
the intersection of Interstate 10 with O.T. Smith Road and Texas Farm-
to-Market Road 3380 so that trucks and buses that have FMCSA authority
to operate only within the current El Paso commercial zone may use the
new international bridge and

will be able to drive to and from the intersection of Interstate 10 and
O.T. Smith Road/Farm-to-Market Road 3380.
    The specific description of the commercial zone for the City of El
Paso set out below in new 49 CFR 372.247 includes all of the area
presently within the commercial zone under the general rule in 49 CFR
372.241. It adds a provision expanding the zone to include all
unincorporated areas within 15 miles of the corporate boundaries of the
City of San Elizario. The City of San Elizario (located southeast of
the City of El Paso) was incorporated on November 18, 2013, under the
general laws of TX and is thus included within the present commercial
zone of the City of El Paso because it is within 15 miles of the
boundary of the City of El Paso. By expanding the zone to include those
unincorporated areas within 15 miles of the boundaries of San Elizario,
the new commercial port of entry and the roads and highways providing
access to the port of entry will be within the commercial zone of the
City of El Paso. This expanded commercial zone \10\ would add 84 square
miles to the existing El Paso commercial zone.
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    \10\ A map depicting the expanded commercial zone under the EA's
alternative 2 is included in the draft EA's Appendix A as Figure 2.
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    FMCSA seeks comment on whether the boundary of the expanded
commercial zone should instead be the eastern boundary \11\ of the
County of El Paso (except where the current commercial zone extends
beyond the eastern county boundary--these areas would still be
included). This expanded commercial zone alternative would add 106
square miles to the existing commercial zone, about 22 square miles
more than the unincorporated areas within 15 miles of the boundaries of
San Elizario in this interim final rule. Those are areas not included
in either the current or the expanded commercial zone established by
this interim final rule.
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    \11\ A map depicting the expanded commercial zone under the EA's
alternative 3 is included in the draft EA as Figure 3.
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    This change will also provide enforcement personnel with the
direction needed to determine if motor carriers are operating within
the proper commercial zone. In view of the imminent opening of the new
port of entry to commercial motor vehicle traffic, FMCSA is
establishing this specifically defined commercial zone for the City of
El Paso as an interim final rule but, as indicated above, with an
opportunity for public comment before the Agency issues a final rule on
this commercial zone. FMCSA finds that because of the imminent opening
of the expanded port of entry to commercial traffic, it would be in the
public interest to issue this interim final rule.

Effective Date of Final Rules

    The final rule recognizing the statutory creation of the New Mexico
Commercial Zone and the interim final rule establishing the expanded
commercial zone for the City of El Paso either recognize or grant an
exemption, and therefore are made effective upon publication, as
authorized by 5 U.S.C. 553(d)(1).

City of San Luis, AZ Commercial Zone

    On October 22, 2014, FMCSA received a letter from the Southwest
Arizona Port User Association (SWAPUA) requesting confirmation that the
City of Yuma, AZ is included in the commercial zone of San Luis, AZ as
a ``contiguous municipality'' with the city of San Luis, AZ. The San
Luis, AZ commercial zone is not one of the named commercial zones in
Part 372. However, San Luis is a ``municipality'' as defined in Sec.
372.239. FMCSA confirmed that the City of San Luis and the City of Yuma
have common boundaries and, therefore, are determined to be contiguous.
As a result, it is the determination of the FMCSA that the San Luis
commercial zone extends throughout the City of Yuma (49 CFR 372.241(b))
and extends 6 air-miles beyond the corporate boundaries of the
municipality of San Luis in other areas.
    No amendment to existing regulation is needed to address the
interpretation requested regarding the Cities of San Luis and Yuma, AZ.

Rulemaking Analyses

Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866, as
supplemented by Executive Order 13563 (76 FR 3821, Jan. 18, 2011), or
within the meaning of the DOT regulatory policies and procedures (44 FR
1103, Feb. 26, 1979). Thus, the Office of Management and Budget (OMB)
did not review this document. We expect the final rule and the interim
final rule will have no costs, as they exempt motor carriers from
obtaining FMCSA operating authority when they operate in interstate or
foreign commerce wholly within the New Mexico, or El Paso commercial
zones; therefore, a full regulatory evaluation is unnecessary.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis,
because, as discussed earlier in the legal basis section, this action
is not subject to notice and comment under section 553(b) of the
Administrative Procedure Act.\12\
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    \12\ 5 U.S.C 553(b).
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Unfunded Mandates Reform Act

    The final rule and interim final rule will not impose an unfunded
Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1532, et seq.), that will result in the expenditure by State,
local and tribal governments, in the aggregate, or by the private
sector, of $155 million (which is the value of $100 million in 1995
dollars after adjusting for inflation to 2014 dollars) or more in any 1
year.

E.O. 13132 (Federalism)

    A rule has implications for Federalism under section 1(a) of
Executive Order 13132 if it has ``substantial direct effects on the
States, on the relationship between national government and the States,
or on the distribution of power and responsibilities among various
levels of government.'' FMCSA has determined that this rule will not
have substantial direct effects on States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts or
modifies any provision of State law or regulation, imposes substantial
direct unreimbursed compliance costs on any State, or diminishes the
power of any State to enforce its own laws. Accordingly, the final rule
and the interim final rule do not have Federalism implications
warranting the application of E.O. 13132.

E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
final rule and interim final rule.

Indian Tribal Governments

    This final rule and interim final rule do not have tribal
implications under Executive Order 13175 titled, ``Consultation and
Coordination with Indian Tribal Governments,'' because they 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.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. FMCSA determined that
no new information collection requirements are associated with this
final rule and interim final rule, nor are there any revisions to
existing, approved collections of information.

National Environmental Policy Act and Clean Air Act

    The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) requires Federal agencies to integrate environmental
values into their decision-making processes by requiring Federal
agencies to consider the potential environmental impacts of their
proposed actions. In accordance with FMCSA's Order 5610.1, NEPA
Implementing Procedures and Policy for Considering Environmental
Impacts, and other applicable requirements, FMCSA prepared an
Environmental Assessment (EA) to analyze the potential impacts of the
interim final rule for the expansion of the City of El Paso, TX,
commercial zone. FMCSA published a notice of availability of the draft
EA, giving the public an opportunity to comment on it, on January 15,
2016 (81 FR 2291). No comments were received by the end of the comment
period. Because the implementation of this action will only expand an
existing commercial zone, FMCSA found that endangered species, cultural
resources protected under the National Historic Preservation Act,
wetlands, and resources protected under Section 4(f) of the DOT Act of
1966, 49 U.S.C. 303, as amended by Public Law 109-59 (Aug. 10, 2005),
are not impacted. The impact areas that may be affected and were
evaluated in this EA included air quality, noise, socioeconomics,
environmental justice, public health and safety, and hazardous
materials. FMCSA anticipates that expanding the El Paso commercial zone
will have certain impacts related principally to air emissions and land
use from economic growth; however, neither of these impacts
individually or collectively will cause significant impacts. In
addition, the economic impact will have beneficial impacts to the
quality of life in terms of job creation.
    A final EA has been prepared and a Finding of No Significant Impact
(FONSI) has been issued for this action. The final EA and FONSI are
also available for inspection or copying in the Regulations.gov Web
site at http://www.regulations.gov.
    FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7506(c)), and implementing regulations
promulgated by the Environmental Protection Agency. None of the
alternatives considered in the EA is located in a nonattainment or
maintenance area for any of the criteria pollutants; therefore, FMCSA
has determined that it is not required to perform a CAA general
conformity analysis.

E.O. 12898 (Environmental Justice)

    E.O. 12898 (59 FR 7629, Feb. 16, 1994), Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations, establishes Federal executive policy on environmental
justice. The E.O.'s main provision directs Federal agencies to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. FMCSA evaluated the environmental effects of this final
rule and interim final rule in accordance with E.O. 12898 and
determined that there are no environmental justice issues associated
with its provisions, nor any collective environmental impact resulting
from its promulgation. None of the alternatives analyzed in the EA will
result in high and adverse environmental impacts on minority or low-
income populations.

E.O. 13211 (Energy Effects)

    FMCSA has analyzed this final rule and interim final rule under
Executive Order 13211, titled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.'' The Agency
has determined that the rule(s) are not a ``significant energy action''
under that Executive Order because it is not a ``significant regulatory
action'' under Executive Order 12866 and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Therefore, no Statement of Energy Effects is required.

E.O. 13045 (Protection of Children)

    Executive Order 13045 titled, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, Apr. 23,
1997), requires agencies issuing ``economically significant'' rules, if
the regulation also concerns an environmental health or safety risk
that an agency has reason to believe may disproportionately affect
children, to include an evaluation of the regulation's environmental
health and safety effects on children. As discussed previously, the
final rule and interim final rule are not economically significant.
Therefore, no analysis of the impacts on children is required.

E.O. 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988 titled, ``Civil Justice Reform,'' to minimize litigation,
eliminate ambiguity, and reduce burden.

E.O. 12630 (Taking of Private Property)

    This final rule and interim final rule will not effect a taking of
private property or otherwise have taking implications under E.O. 12630
titled, ``Governmental Actions and Interference with Constitutionally
Protected Property Rights.''

National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) requires Federal agencies proposing to adopt technical standards
to consider whether voluntary consensus standards are available. If the
Agency chooses to adopt its own standards in place of existing
voluntary consensus standards, it must explain its decision in a
separate statement to OMB. Because FMCSA does not intend to adopt
technical standards, there is no need to submit a separate statement to
OMB on this matter.

Privacy Impact Assessment

    Section 522(a)(5) of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, Division H, Title I, 118 Stat. 2809 at 3268, Dec. 8, 2004)
requires DOT and certain other Federal agencies to conduct a privacy
impact assessment of each rule that will affect the privacy of
individuals. Because this final rule and interim final rule will not
affect the privacy of individuals, FMCSA did not conduct a separate
privacy impact assessment.

List of Subjects in 49 CFR Part 372

    Agricultural commodities, Buses, Cooperatives, Freight forwarders,
Motor

carriers, Moving of household goods, Seafood.

    For reasons set forth in the preamble, FMCSA amends title 49, Code
of Federal Regulations, chapter III, subchapter B, part 372 as follows:

PART 372--EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS

0
1. The authority citation for part 372 is revised to read as follows:

    Authority: 49 U.S.C. 13504 and 13506; Pub. L. 105-178, sec.
4031, 112 Stat. 418; and 49 CFR 1.87.

0
2. Add Sec. Sec.  372.245 and 372.247 to read as follows:

Sec.  372.245  New Mexico Commercial Zone.

    (a) Transportation within a zone comprised of Dona Ana and Luna
Counties, NM, by motor carriers of property, in interstate or foreign
commerce, not under common control, management, or arrangement for
shipment to or from points beyond such zone is partially exempt from
regulation under 49 U.S.C. 13506(b)(1).
    (b) To the extent that commercial zones of municipalities within
the two counties (as determined under Sec.  372.241) extend beyond the
boundaries of this two county zone, the areas of such commercial zones
shall be considered to be part of the zone and partially exempted from
regulation under 49 U.S.C. 13506(b)(1).

Sec.  372.247  City of El Paso, TX.

    The zone adjacent to, and commercially a part of El Paso, TX,
within which transportation of passengers or property by motor carriers
in interstate or foreign commerce, not under common control,
management, or arrangement for a continuous carriage or shipment to or
from a point beyond such zone, is partially exempt from regulation
under 49 U.S.C. 13506(b)(1), includes and is comprised of all points as
follows:
    (a) The municipality of the City of El Paso, TX;
    (b) All municipalities which are contiguous to the City of El Paso;
    (c) All of any other municipalities and all unincorporated areas
within the United States which are adjacent to the City of El Paso as
follows:
    (1) Within 15 miles of the corporate limits of the City of El Paso;
or
    (2) Within 15 miles of the corporate limits of the City of San
Elizario, TX; and
    (d) All municipalities wholly surrounded, or so surrounded except
for a water boundary, by the City of El Paso, by any municipality
contiguous thereto, or by any municipality adjacent thereto which is
included in the commercial zone of the City of El Paso under the
provisions of paragraph (c) of this section.

    Issued pursuant to authority delegated in 49 CFR 1.87 on
February 22, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-04029 Filed 2-23-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: July 31, 2006 (Volume 71, Number 146)]
[Notices]
[Page 43148-43149]
[DOCID:fr31jy06-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF05-16-000]

Iroquois Pipeline Operating Company; Notice of Intent To Prepare
an Environmental Assessment for the Proposed Brookhaven Lateral
Project, Request for Comments on Environmental Issues and Notice of
Scoping Meeting

July 21, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of Iroquois Pipeline Operating
Company's (Iroquois) planned Brookhaven Lateral, located on Long
Island, in Suffolk County, New York. This notice announces the opening
of the scoping process we \1\ will use to gather input from the public
and interested agencies on the project. Your input will help the
Commission staff determine which issues need to be evaluated in the EA.
Please note that the scoping period will close on August 25, 2006.
---------------------------------------------------------------------------

    \1\ The terms ``we,'' ``us,'' or ``our'' refer to the
environmental staff of the Office of Energy Projects at the FERC.
---------------------------------------------------------------------------

    Comments may be submitted in written form or presented verbally at
the public meeting listed below. Further details on how to submit
written comments are provided in the public participation section of
this notice. In lieu of sending written comments, you are invited to
attend the public scoping meeting, scheduled as follows:

Thursday, August 10, 2006, 6:30 p.m. (EST): Islandia Marriott Long
Island, 3635 Express Drive North, Islandia, New York 11749, 631-232-
3000.

    This notice is being sent to affected landowners; federal, state,
and local government representatives and agencies; environmental and
public interest groups; Indian tribes and Native American groups; other
interested parties in this proceeding; and local libraries and
newspapers. We encourage government representatives to notify their
constituents of this planned project and encourage them to comment on
their areas of concern.

Summary of the Proposed Project

    Iroquois proposes to expand its natural gas transmission system to
provide about 50 dekatherms per day of natural gas to the planned
Caithness Energy Center (Caithness Project) by April 2008. The Long
Island Power Authority (LIPA) selected the Caithness Project, to be
located in the Town of Brookhaven, to meet the growing electric power
needs of its customers. The Caithness Project would consist of a new,
approximate 350 megawatt combined cycle natural gas and oil-fired
electric generation facility. The Caithness Project is not under the
jurisdiction of the FERC, and is in the process of obtaining necessary
federal, state, and local permits prior to construction and operation.
LIPA asked Iroquois to provide natural gas to the Caithness Project.
Therefore, Iroquois requested that the Commission review its proposal
to construct and operate the following facilities:
     Approximately 21.1 miles of 24-inch-diameter underground
steel natural gas pipeline, extending from the current terminus of
Iroquois' existing system at the South Commack Meter Station in
Smithtown to the site of the proposed Caithness Project near the hamlet
of Yaphank, New York; and
     Six mainline block valves, a pig launcher at the South
Commack Meter Station, and a pig receiver and new custody transfer
meter station at the eastern end of the pipeline, at the Caithness
Project site.
    A map depicting the general location of Iroquois' proposed
facilities and alternate pipeline routes is attached as Appendix 1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of the appendices are
available at the Commission's Public Reference Room, 888 First
Street NE., Washington DC 20426, or call<PHONE_NUMBER>. Copies of
the appendices were sent to all those receiving this notice in the
mail.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    At this time no formal application has been filed by Iroquois with
the FERC. For this project, the FERC staff has initiated its review to
comply with the National Environmental Policy Act (NEPA) prior to
receiving the application. The purpose of our NEPA Pre-Filing
Environmental Review Process is to involve interested stakeholders
early in project planning and to identify and resolve issues before an
application is filed with the FERC.
    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities,
environmental information provided by Iroquois, and comments received
from the public or governmental agencies. This preliminary list of
issues may be changed based on your comments and our analysis.
     Accomodation or permission needed from the New York
Department of Parks and New York Department of Transportation to allow
the pipeline to cross the control access line easement acquired with
funds from the Federal Highway Administration along the Sunken Meadow
Parkway (milepost [MP] 0.4), the Northern State Parkway (MP 1.5), and
the Long Island Expressway (LIE, I-495, MP 13);
     Potential use of temporary extra work spaces outside of
the existing easement for the LIPA power line, between about MP 3 and
MP 12.5, and potential affects from construction of the proposed
pipeline on residences and schools adjacent to the LIPA easement;
     Potential affects on residences and commercial businesses
along Long Island Avenue between about MP 13.5 and MP 18.5;
     Feasibility of using horizontal directional drills to
cross under the Northern State Parkway (MP 1.5), Simeon Woods and
Wheeler Road (MP 4.8), Veterans Memorial Highway (MP 6.5), Hyatt Golf
Club Access Road (MP 7.7), Patchogue Road (MP 11.7); and the LIE (MP
13); and
     Potential impacts on federal or state-listed rare,
threatened, endangered, or protected species, and cultural resources.

The EA Process

    The FERC will use the EA to consider the environmental impacts that
could result if it issues Iroquois a Certificate of Public Convenience
and Necessity. This notice formally announces our preparation of the EA
and the beginning of the process referred to as ``scoping.'' We are
soliciting input from the public and interested agencies to help us
focus the analysis in the EA on the potentially significant
environmental issues related to the proposed action.
    Our independent analysis of the issues will be included in an EA
that will be prepared for the project. Our evaluation will also include
possible alternatives to the proposed project or portions of the
project, and we will make recommendations on how to lessen or avoid
impacts on the various resource areas of concern.
    The EA will be mailed to federal, state, and local government
agencies; elected officials; environmental and public interest groups;
Indian tribes and Native American groups; affected landowners; other
interested parties; local libraries and newspapers; and the FERC's
official service list for this proceeding. A 30-day comment period will
be allotted for review of the EA. We will consider all comments
submitted on the EA in our recommendations to

the Commission for an Order that is issued for the project.
    We are currently involved in discussions with other governmental
agencies to identify their issues and concerns. These agencies include
the U.S. Army Corps of Engineers; U.S. Environmental Protection Agency
(EPA); U.S. Fish and Wildlife Service (FWS); U.S. Department of
Transportation; New York State Department of Environmental
Conservation; New York State Department of Parks, Recreation and
Historic Preservation; New York State Department of Transportation;
Suffolk County; and the Town of Huntington. The EPA and FWS have agreed
to be cooperating agencies in the production of the EA. By this notice,
we are asking any other federal, state, and local agencies with
jurisdiction and/or special expertise with respect to environmental
issues to formally cooperate with us in the preparation of the EA.
Agencies that would like to request cooperating status should follow
the instructions for filing comments provided below.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the proposals. Your comments should focus on
the potential environmental effects, reasonable alternatives and
measures to avoid or lessen environmental impact. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please mail your comments so
that they will be received in Washington, DC on or before August 25,
2006 and carefully follow these instructions:
     Send an original and two copies of your letter to: Magalie
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First
St., NE., Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of OEP/
DG2E/Gas Branch 3, PJ-11.3; and
     Reference Docket No. PF05-16-000 on the original and both
copies.
    Please note that the Commission encourages electronic filing of
comments. See 18 Code of Federal Regulations 385.2001(a)(1)(iii) and
the instructions on the Commission's Internet Web site at http://www.ferc.gov
 under the ``eFiling'' link and the link to the User's

Guide. Prepare your submission in the same manner as you would if
filing on paper and save it to a file on your hard drive. Before you
can file comments you will need to create an account by clicking on
``Login to File'' and then ``New User Account.'' You will be asked to
select the type of filing you are making. This filing is considered a
``Comment on Filing.''
    When Iroquois submits its application for authorization to
construct and operate the Brookhaven Lateral Project, the Commission
will publish a Notice of Application in the Federal Register and will
establish a deadline for interested persons to intervene in the
proceeding. Because our Pre-filing Environmental Review Process occurs
before an application to begin a proceeding is officially filed, you
may not request intervenor status at this time. Petitions to intervene
during the Pre-filing process are premature and will not be accepted by
the Commission.

Environmental Mailing List

    If you wish to remain on the environmental mailing list, and
receive a copy of the EA, please return the Mailing List Retention Form
included in Appendix 2. If you do not return this form, you will be
taken off our mailing list.

Availability of Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs at 1-866-208 FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov). Using the

``eLibrary'' link, select ``General Search'' from the eLibrary menu,
enter the selected date range and ``Docket Number'' (i.e., PF05-16--you
do not need the last three numbers [000] in the docket), and follow the
instructions. Searches may also be done using the phrase ``Brookhaven
Lateral'' in the ``Text Search'' field. For assistance with access to
eLibrary, the helpline can be reached at 1-866-208-3676, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
Internet Web site also provides access to the texts of formal documents
issued by the Commission, such as orders, notices, and rule makings.
    In addition, the FERC now offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. To register for this service, go to http://www.ferc.gov/esubscribenow.htm
.

    Public meetings or site visits will be posted on the Commission's
calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx

along with other related information. Finally, Iroquois has established
a project-specific Internet Web site at http://www.iroquois.com/new-Internet/igts/Brookhaven/brookhaven.asp.
 Iroquois' Brookhaven Lateral

Web site includes a project description, public participation, answers
to frequently asked questions, and links. For additional data, call
Ruth Parkins, Iroquois Public Relations Representative, at 203-925-
7209, or e-mail<EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
[FR Doc. E6-12237 Filed 7-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Notices]
[Pages 75108-75109]
[FR Doc No: 2020-25916]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2020-0027-N-29]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice
announces that FRA is forwarding the Information Collection Request
(ICR) abstracted below to the Office of Management and Budget (OMB) for
review and comment. The ICR describes the information collection and
its expected burden. On August 26, 2020, FRA published a notice
providing a 60-day period for public comment on the ICR.

DATES: Interested persons are invited to submit comments on or before
December 24, 2020.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular ICR by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Qiana Swayne, Information
Collection Clearance Officer, Federal Railroad Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590 (telephone:<PHONE_NUMBER>) or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue

two notices seeking public comment on information collection activities
before OMB may approve paperwork packages. See 44 U.S.C. 3506, 3507; 5
CFR 1320.8 through 1320.12. On August 26, 2020, FRA published a 60-day
notice in the Federal Register soliciting comment on the ICR for which
it is now seeking OMB approval. See 85 FR 52657. FRA received no
comments in response to this 60-day notice.
    Before OMB decides whether to approve the proposed collection of
information, it must provide 30 days for public comment. Federal law
requires OMB to approve or disapprove paperwork packages between 30 and
60 days after the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5
CFR 1320.10(b); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB
believes the 30-day notice informs the regulated community to file
relevant comments and affords the agency adequate time to digest public
comments before it renders a decision. 60 FR 44983, Aug. 29, 1995.
Therefore, respondents should submit their respective comments to OMB
within 30 days of publication to best ensure having their full effect.
    Comments are invited on the following ICR regarding: (1) Whether
the information collection activities are necessary for FRA to properly
execute its functions, including whether the information will have
practical utility; (2) the accuracy of FRA's estimates of the burden of
the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (3) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (4) ways to minimize the burden of information
collection activities on the public, including the use of automated
collection techniques or other forms of information technology.
    The summaries below describe the ICR that FRA will submit for OMB
clearance as the PRA requires:
    Title: Workforce Development Survey.
    OMB Control Number: 2130-0621.
    Abstract: FRA has statutory responsibility to ensure the safety of
railroad operations under 49 U.S.C. 20103. To conduct safe railroad
operations, the workforce must have the requisite knowledge and skills
to operate equipment and utilize technologies. FRA therefore seeks to
promote workforce development policy and standards to ensure the
workforce has the necessary knowledge and skills to conduct safe
railroad operations. Due to an increasingly dynamic and maturing
workforce, combined with continual changes in knowledge and skills
required to use new technologies, there is an increasing risk of not
having the necessary talent pools to fill critical railroad operational
positions.
    Since 2011, FRA has routinely performed a comprehensive overview of
the railroad industry workforce. The Railroad Industry Modal Profile
was a response to the DOT National Transportation Workforce Development
Initiative that required each DOT Operating Administration to produce
an analysis of its industry workforce. The most recent published update
in April 2016, Railroad Industry Modal Profile: An Outline of the
Railroad Industry Workforce Trends, Challenges, and Opportunities,
highlighted numerous workforce challenges including age, diversity,
knowledge management and succession planning, work-life balance,
recruitment, and the impact of evolving technology.
    The prevailing workforce concerns during the early stages of the
DOT National Transportation Workforce Development Initiative were the
large number of retirement-eligible employees in transportation-related
fields and the national shortage of science, technology, engineering,
and math graduates. Because the railroad industry had done very little
hiring in the late 1980s and throughout most of the 1990s, the
retirement-eligible population became quite large, even beyond that of
most other industries and transportation modes (each of which was also
grappling with similar retirement population concerns).
    These workforce challenges persist. Although the industry has
recognized the need to focus on recruitment and retention strategies,
it continues to face risks in maintaining a viable workforce and
building a pipeline of diverse talent. To take effective and efficient
action to minimize these risks, FRA requires reliable information on
current workforce development challenges, strategies, and outcomes.
Initial data collected for the Railroad Industry Modal Profile
established a baseline understanding of the risks and status. However,
to confirm and further develop the understanding of the risks,
potential solutions, and best practices that have been implemented by
railroad stakeholders, this revised survey is proposed. With this
submission, FRA is requesting permission to gather the needed
information about the railroad industry workforce.
    Type of Request: Extension without Change.
    Affected Public: Class I freight and passenger railroads, short
line and regional railroads, labor unions, major associations,
academia, and specialty experts.
    Form(s): FRA F 240.
    Respondent Universe: 847.
    Frequency of Submission: One-time.
    Total Estimated Annual Responses: 213.
    Total Estimated Annual Burden: 88.75 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$3,637.86.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that a respondent is not required to
respond to, conduct or sponsor a collection of information unless it
displays a currently valid OMB control number.

    Authority: 44 U.S.C. 3501-3520.

Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2020-25916 Filed 11-23-20; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30871-30872]
[FR Doc No: 2018-14178]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0587]
RIN 1625-AA00

Safety Zone; Lower Mississippi River, Reserve, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Lower Mississippi River between mile markers
(MM) 137.5 and MM 138.5 above Head of Passes. The safety zone is needed
to protect persons, vessels, and the marine environment from potential
hazards created by a fireworks display. Entry of vessels or persons
into this zone is prohibited unless authorized by the Captain of the
Port Sector New Orleans or a designated representative.

DATES: This rule is effective from 8:45 p.m. through 9:45 p.m. on July
3, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0587 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 Lieutenant Commander Howard Vacco, Sector New Orleans,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  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)(3)(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. We must
establish this safety zone by July 3, 2018 and lack sufficient time to
provide a reasonable comment period and then consider those comments.
The NPRM process would delay establishment of this safety zone until
after the date of the fireworks and compromise public safety.
    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 is contrary to the public interest because immediate action
is necessary to respond to the potential safety hazards associated with
the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector New Orleans (COTP) has determined
that potential hazards associated with a fireworks display on July 3,
2018, will be a safety concern for anyone within a one-mile portion of
the Lower Mississippi River. Hazards from fireworks displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. This rule is necessary to protect persons,
vessels, and the marine environment before, during, and after the
fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8:45 p.m.
through 9:45 p.m. on July 3, 2018. The safety zone will cover all
navigable waters of the Lower Mississippi River between mile marker
(MM) 137.5 and MM 138.5, above Head of Passes. The duration of the zone
is intended to protect persons, vessels, and the marine environment
before, during, and after the fireworks display. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from 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 New Orleans.
    Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67 or by telephone at<PHONE_NUMBER>.
Persons and vessels permitted to enter this safety zone must transit at
their slowest safe speed and comply with all lawful directions issued
by the COTP or the 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
Broadcasts (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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), 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. This temporary
safety zone covers a one-mile portion of the River for only one hour on
one evening. Moreover, the Coast Guard will issue BNMs via VHF-FM
marine channel 16 about the zone, and 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 this
temporarysafety 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
contact 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

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 and Commandant Instruction M16475.1D, 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 safety zone lasting only one hour that will prohibit entry
on a one-mile portion of the Lower Mississippi River. It is
categorically excluded from further review under paragraph L(60)a of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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:  33 U.S.C. 1231; 50 U.S.C. 191; 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.T08-0587 to read as follows:

Sec.  165.T08-0587   Safety Zone; Lower Mississippi River, Reserve, LA.

    (a) Location. The following area is a safety zone: All navigable
waters of Lower Mississippi River between mile marker (MM) 137.5 and MM
138.5, Reserve, LA.
    (b) Effective period. This section is effective from 8:45 p.m.
through 9:45 p.m. on July 3, 2018.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port Sector New Orleans (COTP) or 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 New Orleans.
    (2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67 or by telephone at<PHONE_NUMBER>.
    (3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (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 (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs)
as appropriate.

    Dated: June 25, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-14178 Filed 6-29-18; 8:45 am]
 BILLING CODE 9110-04-P