Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 8687 

public an opportunity to comment on 

the topics addressed at a later time. 

■ Accordingly, the final rule amending 

20 CFR part 702 published in the 

Federal Register on December 14, 2020 

(85 FR 80601) are withdrawn as of 

February 9, 2021. 

Christopher J. Godfrey, 

Director, Office of Workers’ Compensation 

Programs. 

[FR Doc. 2021–02723 Filed 2–8–21; 8:45 am] 

BILLING CODE 4510–CR–P 

DEPARTMENT OF LABOR 

Office of the Secretary of Labor 

29 CFR Part 22 

Occupational Safety and Health 

Administration 

29 CFR Part 1986 

RIN 1290–AA28 

Rules of Practice and Procedure 

Concerning Filing and Service and 

Amended Rules Concerning Filing and 

Service; Correction 

AGENCY: Employment and Training 

Administration, Office of Workers’ 

Compensation Programs, Office of the 

Secretary, Office of Labor-Management 

Standards, Wage and Hour Division, 

Occupational Safety and Health 

Administration, Office of Federal 

Contract Compliance Programs. 

ACTION: Direct final rule; correction. 

SUMMARY: The Department of Labor 

(Department or DOL) is correcting a 

direct final rule that appeared in the 

Federal Register on January 11, 2021, 

‘‘Rules of Practice and Procedure 

Concerning Filing and Service and 

Amended Rules Concerning Filing and 

Service.’’ The companion proposed rule 

to the final rule was published in the 

same issue of the Federal Register. The 

final rule required electronic filing (efiling) and made acceptance of 

electronic service (e-service) automatic 

for attorneys and non-attorney 

representatives representing parties in 

proceedings before the Administrative 

Review Board, unless the Board 

authorized non-electronic filing and 

service for good cause. Among other 

changes, the final rule was intended to 

revise several sections of the Code of 

Federal Regulations. However, the final 

rule as published inadvertently omitted 

amendatory instructions to revise two 

section headings, despite providing 

revised language for those headings. 

This document provides the omitted 

amendatory instructions to ensure that 

these two section headings are revised 

as written in the final rule. 

DATES: This correction is effective on 

February 25, 2021, unless the 

Department receives a significant 

adverse comment to the underlying 

direct final rule or its companion 

proposed rule by February 10, 2021 that 

explains why the rule is inappropriate. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Shepherd, Clerk of the 

Appellate Boards, at 202–693–6319 or 

Shepherd.Thomas@dol.gov. 

SUPPLEMENTARY INFORMATION: DOL is 

making the following corrections to the 

final rule, as published in the Federal 

Register on Monday, January 11, 2021 

(86 FR 1772). 

DOL is adding amendatory 

instructions to change the section 

headings of two sections of the Code of 

Federal Regulations. 

At 86 FR 1781, third column, 29 CFR 

part 22, amendatory instruction 43 

revised § 22.39, paragraphs (a), (b)(3), 

(c), (f), and (h) through (l). The text of 

§ 22.39 as written in the final rule also 

included a revised section heading; 

however, amendatory instruction 43 did 

not specify that the section heading 

should be revised in addition to the text 

of the above-listed paragraphs. In this 

action, amendatory instruction 43 is 

corrected to clarify that the section 

heading of § 22.39 should be revised as 

well. Amendatory instruction 43 is 

corrected to read: ‘‘43. In § 22.39, revise 

the section heading and paragraphs (a), 

(b)(3), (c), (f), and (h) through (l) to read 

as follows:’’. The section heading is 

being revised to read ‘‘Appeal to ARB’’ 

instead of ‘‘Appeal to authority head.’’ 

This change is in keeping with the 

Department’s clearly expressed intent in 

the preamble of the final rule to revise 

references in the regulations to an 

‘‘authority head’’ to references to the 

‘‘ARB’’ in order to clarify the 

responsibilities of the Administrative 

Review Board. 

At 86 FR 1793, third column, 29 CFR 

part 1986, amendatory instruction 133 

revised § 1986.110, paragraph (c). The 

text of § 1986.110 as written in the final 

rule also included a revised section 

heading; however, amendatory 

instruction 133 did not specify that the 

section heading should be revised in 

addition to the text of paragraph (c). In 

this action, amendatory instruction 133 

is corrected to clarify that the section 

heading of § 1986.110 should be revised, 

as well. Amendatory instruction 133 is 

corrected to read: ‘‘133. In § 1986.110, 

revise the section heading and 

paragraph (c) to read as follows:’’. The 

section heading is being revised to read 

‘‘Decision and orders of the 

Administrative Review Board’’ instead 

of ‘‘Decisions and order of the 

Administrative Review Board.’’ The 

change to § 1986.110 is intended to 

make the section heading consistent 

with other similar section headings in 

the chapter of Title 29 that are titled 

‘‘Decision and orders of the 

Administrative Review Board.’’ 

Federal Register Correction 

In the final rule published at 86 FR 

1772 in the issue of January 11, 2021, 

the following corrections are made: 

PART 22—PROGRAM FRAUD CIVIL 

REMEDIES ACT OF 1986 

§ 22.39 [Corrected] 

■ 1. On page 1781, in the third column, 

correct amendatory instruction 43 to 

read: ‘‘43. In § 22.39, revise the section 

heading and paragraphs (a), (b)(3), (c), 

(f), and (h) through (l) to read as 

follows:’’. 

PART 1986—PROCEDURES FOR THE 

HANDLING OF RETALIATION 

COMPLAINTS UNDER THE EMPLOYEE 

PROTECTION PROVISION OF THE 

SEAMAN’S PROTECTION ACT (SPA), 

AS AMENDED 

§ 1986.110 [Corrected] 

■ 2. On page 1793, in the third column, 

correct amendatory instruction 133 to 

read: ‘‘133. In § 1986.110, revise the 

section heading and paragraph (c) to 

read as follows:’’. 

Dated: February 3, 2021. 

Milton A. Stewart, 

Acting Secretary of Labor. 

[FR Doc. 2021–02564 Filed 2–8–21; 8:45 am] 

BILLING CODE 4510–HW–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0036] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Mile Markers 330.0–360.0, MS 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary fixed and 

moving safety zone for all navigable 

waters within 300 yards of the U.S. 

Army Corps of Engineers (USACE) Bank 


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8688 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 

Grading Units and USACE Mat Sinking 

Unit while operating on the Lower 

Mississippi River, in the vicinity of 

Moreville revetment, MS. The safety 

zone is needed to protect persons and 

property, from the potential safety 

hazards associated with the bank 

grading and mat sinking operations 

performed by the USACE. Entry of 

persons or vessels into this zone is 

prohibited unless authorized by the 

Captain of the Port Sector Lower 

Mississippi River or a designated 

representative. 

DATES: This rule is effective without 

actual notice from February 9, 2021 

until March 15, 2021. For the purposes 

of enforcement, actual notice will be 

used from February 8, 2021 until 

February 9, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0036 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MSTC Lindsey Swindle, U.S. 

Coast Guard; telephone 901–521–4813, 

email Lindsey.M.Swindle@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Lower 

Mississippi River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. Immediate action is 

needed to protect persons and property 

from the potential safety hazards 

associated with the bank grading and 

mat sinking operations performed by the 

USACE on the Lower Mississippi River 

(LMR). The NPRM process would delay 

the establishment of the safety zone 

until after the date of the event and 

compromise public safety. We must 

establish this temporary safety zone 

immediately and lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the the 

bank grading and mat sinking 

operations performed by the USACE. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Sector Lower 

Mississippi River (COTP) has 

determined that potential hazards 

associated with the bank grading and 

mat sinking operations will be a safety 

concern for anyone within a 300 yard 

radius of USACE equipment. This rule 

is needed to protect persons and 

property, within the safety zone while 

USACE operations are being conducted. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from February 8, 2021 

through March 15, 2021. The safety 

zone will cover all navigable waters of 

the LMR from mile marker (MM) 330.0 

to MM 360.0. The duration of this safety 

zone is intended to ensure the safety of 

waterway users on these navigable 

waters during USACE operations. 

Entry of persons or vessels into this 

safety zone is prohibited unless 

authorized by the COTP or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Lower Mississippi River. Persons or 

vessels seeking to enter the safety zones 

must request permission from the COTP 

or a designated representative on VHF– 

FM channel 16 or by telephone at 901– 

521–4822. If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public of the enforcement times and 

date for this safety zone through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Marine Safety Information Bulletins 

(MSIBs), as appropriate. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. This 

emergency safety zone will temporarily 

restrict navigation on the LMR from MM 

330 through MM 360, from February 8, 

2021 through March 15, 2021. 

Moreover, the Coast Guard will issue 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Marine Safety Information Bulletins 

(MSIBs), as appropriate. The rule allows 

vessels to seek permission to enter the 

zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the 

temporary safety zone may be small 

entities, for the reasons stated in section 

V.A above, this rule will not have a 

significant economic impact on any 

vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 


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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 8689 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

temporary emergency safety zone on the 

LMR from MM 330 through MM 360, 

that will prohibit entry into this zone. 

The safety zone will only be enforced 

while operations preclude the safe 

navigation of the established channel. It 

is categorically excluded from further 

review under paragraph L60 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0036 to read as 

follows: 

§ 165.T08–0036 Safety Zone; Lower 

Mississippi River, Mile Markers 330.0–360.0, 

MS. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River from Mile 

Marker (MM) 330 through MM 360. 

(b) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Lower Mississippi 

River (COTP) or the COTP’s designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard (USCG) assigned to units 

under the operational control of USCG 

Sector Lower Mississippi River. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16 

or by telephone at 901–521–4822. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(c) Effective period. This section is 

effective without actual notice from 

February 9, 2021 until March 15, 2021. 

For the purposes of enforcement, actual 

notice will be used from February 8, 

2021 until February 9, 2021. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: February 1, 2021. 

R.S. Rhodes, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Lower Mississippi River. 

[FR Doc. 2021–02436 Filed 2–8–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0288; FRL–10016– 

56–Region 3] 

Air Plan Approval; Pennsylvania; 1997 

8-Hour Ozone National Ambient Air 

Quality Standard Second Maintenance 

Plan for the Harrisburg-LebanonCarlisle Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 


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