Safety Zone; Grosse Pointe War Memorial Red, White, and Blue Gala Fireworks, Lake St. Clair, Grosse Pointe, MI, 17958-17960 [2019-08544]
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17958
Federal Register / Vol. 84, No. 82 / Monday, April 29, 2019 / Rules and Regulations
foreign interference identified, and may
include one or more of the following with
respect to each targeted foreign person:
(i) blocking and prohibiting all transactions
in a person’s property and interests in
property subject to United States jurisdiction;
(ii) export license restrictions under any
statute or regulation that requires the prior
review and approval of the United States
Government as a condition for the export or
re-export of goods or services;
(iii) prohibitions on United States financial
institutions making loans or providing credit
to a person;
(iv) restrictions on transactions in foreign
exchange in which a person has any interest;
(v) prohibitions on transfers of credit or
payments between financial institutions, or
by, through, or to any financial institution,
for the benefit of a person;
(vi) prohibitions on United States persons
investing in or purchasing equity or debt of
a person;
(vii) exclusion of a person’s alien corporate
officers from the United States;
(viii) imposition on a person’s alien
principal executive officers of any of the
sanctions described in this section; or
(ix) any other measures authorized by law.
Sec. 4. I hereby determine that the making
of donations of the type of articles specified
in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by, to, or for the benefit of any
person whose property and interests in
property are blocked pursuant to this order
would seriously impair my ability to deal
with the national emergency declared in this
order, and I hereby prohibit such donations
as provided by section 2 of this order.
Sec. 5. The prohibitions in section 2 of this
order include the following:
(a) the making of any contribution or
provision of funds, goods, or services by, to,
or for the benefit of any person whose
property and interests in property are
blocked pursuant to this order; and
(b) the receipt of any contribution or
provision of funds, goods, or services from
any such person.
Sec. 6. I hereby find that the unrestricted
immigrant and nonimmigrant entry into the
United States of aliens whose property and
interests in property are blocked pursuant to
this order would be detrimental to the
interests of the United States, and I hereby
suspend entry into the United States, as
immigrants or nonimmigrants, of such
persons. Such persons shall be treated as
persons covered by section 1 of Proclamation
8693 of July 24, 2011 (Suspension of Entry
of Aliens Subject to United Nations Security
Council Travel Bans and International
Emergency Economic Powers Act Sanctions).
Sec. 7. (a) Any transaction that evades or
avoids, has the purpose of evading or
avoiding, causes a violation of, or attempts to
violate any of the prohibitions set forth in
this order is prohibited.
(b) Any conspiracy formed to violate any
of the prohibitions set forth in this order is
prohibited.
Sec. 8. For the purposes of this order:
(a) the term ‘‘person’’ means an individual
or entity;
(b) the term ‘‘entity’’ means a partnership,
association, trust, joint venture, corporation,
group, subgroup, or other organization;
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(c) the term ‘‘United States person’’ means
any United States citizen, permanent resident
alien, entity organized under the laws of the
United States or any jurisdiction within the
United States (including foreign branches), or
any person (including a foreign person) in
the United States;
(d) the term ‘‘election infrastructure’’
means information and communications
technology and systems used by or on behalf
of the Federal Government or a State or local
government in managing the election
process, including voter registration
databases, voting machines, voting tabulation
equipment, and equipment for the secure
transmission of election results;
(e) the term ‘‘United States election’’ means
any election for Federal office held on, or
after, the date of this order;
(f) the term ‘‘foreign interference,’’ with
respect to an election, includes any covert,
fraudulent, deceptive, or unlawful actions or
attempted actions of a foreign government, or
of any person acting as an agent of or on
behalf of a foreign government, undertaken
with the purpose or effect of influencing,
undermining confidence in, or altering the
result or reported result of, the election, or
undermining public confidence in election
processes or institutions;
(g) the term ‘‘foreign government’’ means
any national, state, provincial, or other
governing authority, any political party, or
any official of any governing authority or
political party, in each case of a country
other than the United States;
(h) the term ‘‘covert,’’ with respect to an
action or attempted action, means
characterized by an intent or apparent intent
that the role of aforeign government will not
be apparent or acknowledged publicly; and
(i) the term ‘‘State’’ means the several
States or any of the territories, dependencies,
or possessions of the United States.
Sec. 9. For those persons whose property
and interests in property are blocked
pursuant to this order who might have a
constitutional presence in the United States,
I find that because of the ability to transfer
funds or other assets instantaneously, prior
notice to such persons of measures to be
taken pursuant to this order would render
those measures ineffectual. I therefore
determine that for these measures to be
effective in addressing the national
emergency declared in this order, there need
be no prior notice of a listing or
determination made pursuant to section 2 of
this order.
Sec. 10. Nothing in this order shall prohibit
transactions for the conduct of the official
business of the United States Government by
employees, grantees, or contractors thereof.
Sec. 11. The Secretary of the Treasury, in
consultation with the Attorney General and
the Secretary of State, is hereby authorized to
take such actions, including the
promulgation of rules and regulations, and to
employ all powers granted to the President
by IEEPA as may be necessary to carry out
the purposes of this order. The Secretary of
the Treasury may re-delegate any of these
functions to other officers within the
Department of the Treasury consistent with
applicable law. All agencies of the United
States Government are hereby directed to
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take all appropriate measures within their
authority to carry out the provisions of this
order.
Sec. 12. The Secretary of the Treasury, in
consultation with the Attorney General and
the Secretary of State, is hereby authorized to
submit the recurring and final reports to the
Congress on the national emergency declared
in this order, consistent with section 401(c)
of the NEA (50 U.S.C.1641(c)) and section
204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 13. This order shall be implemented
consistent with 50 U.S.C. 1702(b)(1) and (3).
Sec. 14. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an
executive department or agency, or the head
thereof; or
(ii) the functions of the Director of the
Office of Management and Budget relating to
budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented
consistent with applicable law and subject to
the availability of appropriations.
(c) This order is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by
any party against the United States, its
departments, agencies, or entities, its officers,
employees, or agents, or any other person.
Donald J. Trump
THE WHITE HOUSE,
September 12, 2018.
Andrea Gacki,
Director, Office of Foreign Assets Control.
Approved:
Sigal P. Mandelker,
Under Secretary, Office of Terrorism and
Financial Intelligence, Department of the
Treasury.
[FR Doc. 2019–08587 Filed 4–26–19; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0287]
RIN 1625–AA00
Safety Zone; Grosse Pointe War
Memorial Red, White, and Blue Gala
Fireworks, Lake St. Clair, Grosse
Pointe, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 420-foot
radius of a portion of Lake St. Clair,
Grosse Point, MI. This zone is necessary
to protect spectators and vessels from
potential hazards associated with the
Grosse Pointe War Memorial Red,
White, and Blue Gala Fireworks.
SUMMARY:
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This rule is effective from 9 p.m.
through 10 p.m. on May 23, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0287 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 temporary
rule, call or email Tracy Girard,
Prevention Department, Sector Detroit,
Coast Guard; telephone (313) 568–9564,
or email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
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CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
II. Background 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 doing
so would be impracticable. The Coast
Guard did not receive the final details
of this fireworks display in time to
publish an NPRM. As such, it is
impracticable to publish an NPRM
because we 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 inhibit the Coast
Guard’s ability to protect participants,
mariners and vessels from the hazards
associated with this event.
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); 33 CFR
1.05–1, 160.5; Department of Homeland
Security Delegation No. 0170.1.
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Jkt 247001
The Captain of the Port Detroit has
determined that potential hazard
associated with fireworks from 9 p.m. to
10 p.m. on May 23, 2019 will be a safety
concern to anyone within a 420-foot
radius of the launch site. Such hazards
include premature and accidental
detonations, falling and burning debris,
and collisions among spectator vessels.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the fireworks are being
displayed.
IV. Discussion of the Rule
With the aforementioned hazards in
mind, the Captain of the Port Detroit has
determined that this temporary safety
zone is necessary to protect persons and
vessels during the fireworks display.
This rule establishes a safety zone from
9 p.m. through 10 p.m. on May 23, 2019.
The safety zone will encompass all U.S.
navigable waters of Lake St. Clair,
Harrison Twp., MI, within a 420-foot
radius of position 42°23.132′ N,
082°53.740′ W (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Detroit or a designated on-scene
representative. The Captain of the Port
or a designated on-scene representative
may be contacted via VHF Channel 16.
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-year of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
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17959
Lake St. Clair from 9 p.m. to 10 p.m. on
May 23, 2019. Moreover, the Coast
Guard will issue Broadcast Notice to
Mariners (BNM) 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 the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please 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).
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Federal Register / Vol. 84, No. 82 / Monday, April 29, 2019 / Rules and Regulations
D. Federalism and Indian Tribal
Governments
available in the docket where indicated
under ADDRESSES.
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.
G. Protest Activities
E. Unfunded Mandates Reform Act
khammond on DSKBBV9HB2PROD with RULES
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 safety
zone lasting one hour that will prohibit
entry into a designated area. 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. 01. A
Record of Environmental Consideration
supporting this determination is
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Jkt 247001
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
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
Dated: April 23, 2019
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2019–08544 Filed 4–26–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 181022969–9377–02]
RIN 0648–BI55
1. The authority citation for part 165
continues to read as follows:
Pacific Halibut Fisheries; Catch
Sharing Plan
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.
AGENCY:
■
2. Add § 165.T09–0287 to read as
follows:
■
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.
VerDate Sep<11>2014
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.
on-scene representative may be
contacted via VHF Channel 16 or at
(313) 568–9464. Vessel operators given
permission to enter or operate in the
regulated area must comply with all
directions given to them by the COTP or
his on-scene representative.
§ 165.T09–0287 Safety Zone; Grosse
Pointe War Memorial Red, White, and Blue
Gala Fireworks, Lake St. Clair, Grosse
Pointe, MI.
(a) Location. A safety zone is
established to include all U.S. navigable
waters of Lake St. Clair, Harrison Twp,
within a 420-foot radius of position
42°23.132′ N, 082°53.740′ W (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) will be
enforced from 9 p.m. through 10 p.m. on
May 23, 2019.
(c) Regulations. (1) No vessel or
person may enter, transit through, or
anchor within the safety zone unless
authorized by the Captain of the Port
Detroit (COTP), or his on-scene
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
COTP is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the Captain of the Port Detroit
to act on his behalf.
(4) Vessel operators shall contact the
COTP or his on-scene representative to
obtain permission to enter or operate
within the safety zone. The COTP or his
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
This final rule implements
the Pacific Halibut Catch Sharing Plan
for the International Pacific Halibut
Commission’s regulatory Area 2A off
Washington, Oregon, and California. In
addition, this final rule implements
portions of the Catch Sharing Plan and
management measures that are not
implemented through the International
Pacific Halibut Commission. These
measures include the recreational
fishery seasons and management
measures for Area 2A. These actions are
intended to conserve Pacific halibut and
provide angler opportunity where
available.
SUMMARY:
DATES:
This rule is effective on April 29,
2019.
Additional information
regarding this action may be obtained by
contacting the Sustainable Fisheries
Division, NMFS West Coast Region,
7600 Sand Point Way NE, Seattle, WA
98115. For information regarding all
halibut fisheries and general regulations
not contained in this rule contact the
International Pacific Halibut
Commission, 2320 W Commodore Way,
Suite 300, Seattle, WA 98199–1287.
Electronic copies of the Regulatory
Impact Review (RIR) and Final
Regulatory Flexibility Analysis (FRFA)
prepared for this action may be obtained
by contacting Kathryn Blair, phone:
ADDRESSES:
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]]>Agencies
[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Rules and Regulations]
[Pages 17958-17960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08544]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0287]
RIN 1625-AA00
Safety Zone; Grosse Pointe War Memorial Red, White, and Blue Gala
Fireworks, Lake St. Clair, Grosse Pointe, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 420-foot radius of a portion of Lake St.
Clair, Grosse Point, MI. This zone is necessary to protect spectators
and vessels from potential hazards associated with the Grosse Pointe
War Memorial Red, White, and Blue Gala Fireworks.
[[Page 17959]]
DATES: This rule is effective from 9 p.m. through 10 p.m. on May 23,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0287 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
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone (313) 568-9564, or email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this fireworks display
in time to publish an NPRM. As such, it is impracticable to publish an
NPRM because we 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 inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.
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); 33 CFR 1.05-1, 160.5; Department of
Homeland Security Delegation No. 0170.1.
The Captain of the Port Detroit has determined that potential
hazard associated with fireworks from 9 p.m. to 10 p.m. on May 23, 2019
will be a safety concern to anyone within a 420-foot radius of the
launch site. Such hazards include premature and accidental detonations,
falling and burning debris, and collisions among spectator vessels.
This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
fireworks are being displayed.
IV. Discussion of the Rule
With the aforementioned hazards in mind, the Captain of the Port
Detroit has determined that this temporary safety zone is necessary to
protect persons and vessels during the fireworks display. This rule
establishes a safety zone from 9 p.m. through 10 p.m. on May 23, 2019.
The safety zone will encompass all U.S. navigable waters of Lake St.
Clair, Harrison Twp., MI, within a 420-foot radius of position
42[deg]23.132' N, 082[deg]53.740' W (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Detroit or a
designated on-scene representative. The Captain of the Port or a
designated on-scene representative may be contacted via VHF Channel 16.
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-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of Lake St. Clair from 9 p.m. to 10 p.m.
on May 23, 2019. Moreover, the Coast Guard will issue Broadcast Notice
to Mariners (BNM) 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 the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
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).
[[Page 17960]]
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 safety zone lasting one hour that will prohibit entry into a
designated area. 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. 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 record
keeping 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.T09-0287 to read as follows:
Sec. 165.T09-0287 Safety Zone; Grosse Pointe War Memorial Red, White,
and Blue Gala Fireworks, Lake St. Clair, Grosse Pointe, MI.
(a) Location. A safety zone is established to include all U.S.
navigable waters of Lake St. Clair, Harrison Twp, within a 420-foot
radius of position 42[deg]23.132' N, 082[deg]53.740' W (NAD 83).
(b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 9 p.m. through 10 p.m. on May 23, 2019.
(c) Regulations. (1) No vessel or person may enter, transit
through, or anchor within the safety zone unless authorized by the
Captain of the Port Detroit (COTP), or his on-scene representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or his on-scene representative.
(3) The ``on-scene representative'' of COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the Captain of the
Port Detroit to act on his behalf.
(4) Vessel operators shall contact the COTP or his on-scene
representative to obtain permission to enter or operate within the
safety zone. The COTP or his on-scene representative may be contacted
via VHF Channel 16 or at (313) 568-9464. Vessel operators given
permission to enter or operate in the regulated area must comply with
all directions given to them by the COTP or his on-scene
representative.
Dated: April 23, 2019
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-08544 Filed 4-26-19; 8:45 am]
BILLING CODE 9110-04-P
