Safety Zones; Recurring Safety Zones in Captain of the Port Sault Sainte Marie-Mackinaw Area Visitors Bureau Friday Night Fireworks, 20546-20547 [2019-09647]
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Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Rules and Regulations
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.
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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 prohibiting entry
on a five mile stretch of the Upper
Mississippi River that is experiencing
significant flooding. It is categorically
excluded from further review under
paragraph L60(d) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
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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
under the operational control of USCG
Sector Upper Mississippi River.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through USCG Sector Upper
Mississippi River at 314–269–2332.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement, as well as reductions in
size of the safety zone as flood
conditions improve, through Local
Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or
Marine Safety Information Bulletins
(MSIBs) as appropriate.
Dated: May 2, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2019–09645 Filed 5–9–19; 8:45 am]
1. The authority citation for part 165
continues to read as follows:
BILLING CODE 9110–04–P
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.
DEPARTMENT OF HOMELAND
SECURITY
■
2. Add § 165.T08–0334 to read as
follows:
■
§ 165.T08–0334 Safety Zone; Upper
Mississippi River, Miles 179–184, St. Louis,
MO.
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River from mile
marker (MM) 179 to MM 184. This
section will be enforced on all navigable
waters of the Upper Mississippi River
from MM 179 to MM 184, unless
reduced in scope by the Captain of the
Port Sector Upper Mississippi River
(COTP) as flood conditions warrant.
(b) Effective period. This rule is
effective without actual notice from May
10, 2019 until June 2, 2019, or until
cancelled by the COTP, whichever
occurs first. For the purposes of
enforcement, actual notice will be
provided from May 2, 2019, until May
10, 2019.
(c) Regulations. (1) In accordance with
the general safety zone regulations in
§ 165.23, entry of persons or vessels into
this safety zone described in paragraph
(a) of this section 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 (USCG) assigned to units
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0292]
Safety Zones; Recurring Safety Zones
in Captain of the Port Sault Sainte
Marie—Mackinaw Area Visitors Bureau
Friday Night Fireworks
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
certain safety zones for the Mackinaw
Area Visitors Bureau Friday Night
Fireworks in Mackinaw City, Michigan,
starting in May, 2019 to provide for the
safety of life on navigable waterways.
This action is necessary and intended to
protect the safety of life and property on
navigable waters prior to, during, and
immediately after these events. During
the enforcement period, no person or
vessel may enter the respective safety
zone without the permission of the
Captain of the Port Sault Sainte Marie
or a designated representative.
DATES: The regulations in 33 CFR
165.918 will be enforced for safety zone
(1), Table 165.918, from 9 p.m. through
11:59 p.m. each Friday, or Saturday in
case of inclement weather, from May 17,
2019, through August 30, 2019.
SUMMARY:
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Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Rules and Regulations
If
you have questions about this notice of
enforcement, call or email MST2
Blackledge, Waterways Management,
Coast Guard Sector Sault Sainte Marie,
U.S. Coast Guard; telephone (906) 253–
2443, email Onnalee.A.Blackledge@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the Mackinaw Area
Visitors Bureau Friday Night Fireworks
safety zones listed as item (1) in Table
165.918 of 33 CFR 165.918 from 9 p.m.
through 11:19 p.m. every Friday, or
Saturday in case of inclement weather,
from May 17, 2019 through August 30,
2019.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Sault Sainte Marie or a designated
on-scene representative. Those seeking
permission to enter the safety zone may
request permission from the Captain of
Sault Sainte Marie via channel 16,
VHF–FM. Vessels and persons granted
permission to enter the safety zone shall
obey the directions of the Captain of the
Port Sault Sainte Marie or his
designated representative. While within
a safety zone, all vessels shall operate at
the minimum speed necessary to
maintain a safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.918,
Safety Zones; Recurring safety zones in
Captain of the Port Sault Sainte Marie
zone, and 5 U.S.C. 552(a). In addition to
this publication in the Federal Register,
the Coast Guard will provide the
maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Sault Sainte Marie
determines that the safety zone need not
be enforced for the full duration stated
in this notice he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
respective safety zone.
SUPPLEMENTARY INFORMATION:
Dated: April 3, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
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[FR Doc. 2019–09647 Filed 5–9–19; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0171]
RIN 1625–AA00
Safety Zone; Illinois River, Miles 0 to
187, Grafton, IL to Peoria, IL
AGENCY:
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Illinois River
from mile marker (MM) 0 to MM 187
between Grafton, IL and Peoria, IL. This
action is necessary to provide for the
safety of persons, vessels, and the
marine environment on these navigable
waters as a result of increasing flood
conditions on the river that threaten to
overtop levees. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Upper
Mississippi River (COTP) or a
designated representative.
SUMMARY:
This rule is effective without
actual notice from May 10, 2019 through
June 6, 2019. For the purposes of
enforcement, actual notice will be used
from May 6, 2019, through May 10,
2019.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0171 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Commander Christian
Barger, Sector Upper Mississippi River
Waterways Management Division, U.S.
Coast Guard; telephone 314–269–2560,
email Christian.J.Barger@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
USACE United States Army Corps of
Engineers
U.S.C. United States Code
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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. It is impracticable
because we must establish this safety
zone immediately and lack sufficient
time to provide a reasonable comment
period and then consider those
comments before issuing this rule. The
NPRM process would delay the
establishment of the safety zone 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 this rule would be
contrary to public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with floodwaters threatening
to overtop levees along the river.
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 COTP
has determined that potential hazards
associated with flood waters threaten to
overtop levees along the river due to
reports that vessel traffic in the affected
area is causing water to overtop levees
resulting in increased damage to the
levees and flooding impacts to local
communities and residential areas. This
rule is necessary to ensure the safety of
persons, vessels, and the marine
environment on these navigable waters
due to the flood impacts to USACE
levees.
IV. Discussion of the Rule
SUPPLEMENTARY INFORMATION:
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On May 5, 2019, Coast Guard Sector
Upper Mississippi River received
multiple reports from the Illinois State
Emergency Operations Center and
private citizens located along the
Illinois River between mile marker
(MM) 0 at Grafton, IL and MM 187 at
Peoria, IL of water surge impacts from
vessel traffic on the Illinois River
overtopping levees resulting in damage
to the levees and increased flooding.
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[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Rules and Regulations]
[Pages 20546-20547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09647]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0292]
Safety Zones; Recurring Safety Zones in Captain of the Port Sault
Sainte Marie--Mackinaw Area Visitors Bureau Friday Night Fireworks
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce certain safety zones for the
Mackinaw Area Visitors Bureau Friday Night Fireworks in Mackinaw City,
Michigan, starting in May, 2019 to provide for the safety of life on
navigable waterways. This action is necessary and intended to protect
the safety of life and property on navigable waters prior to, during,
and immediately after these events. During the enforcement period, no
person or vessel may enter the respective safety zone without the
permission of the Captain of the Port Sault Sainte Marie or a
designated representative.
DATES: The regulations in 33 CFR 165.918 will be enforced for safety
zone (1), Table 165.918, from 9 p.m. through 11:59 p.m. each Friday, or
Saturday in case of inclement weather, from May 17, 2019, through
August 30, 2019.
[[Page 20547]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email MST2 Blackledge, Waterways
Management, Coast Guard Sector Sault Sainte Marie, U.S. Coast Guard;
telephone (906) 253-2443, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Mackinaw
Area Visitors Bureau Friday Night Fireworks safety zones listed as item
(1) in Table 165.918 of 33 CFR 165.918 from 9 p.m. through 11:19 p.m.
every Friday, or Saturday in case of inclement weather, from May 17,
2019 through August 30, 2019.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Sault Sainte
Marie or a designated on-scene representative. Those seeking permission
to enter the safety zone may request permission from the Captain of
Sault Sainte Marie via channel 16, VHF-FM. Vessels and persons granted
permission to enter the safety zone shall obey the directions of the
Captain of the Port Sault Sainte Marie or his designated
representative. While within a safety zone, all vessels shall operate
at the minimum speed necessary to maintain a safe course.
This notice of enforcement is issued under authority of 33 CFR
165.918, Safety Zones; Recurring safety zones in Captain of the Port
Sault Sainte Marie zone, and 5 U.S.C. 552(a). In addition to this
publication in the Federal Register, the Coast Guard will provide the
maritime community with advance notification of this enforcement period
via Broadcast Notice to Mariners or Local Notice to Mariners. If the
Captain of the Port Sault Sainte Marie determines that the safety zone
need not be enforced for the full duration stated in this notice he or
she may use a Broadcast Notice to Mariners to grant general permission
to enter the respective safety zone.
Dated: April 3, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-09647 Filed 5-9-19; 8:45 am]
BILLING CODE 9110-04-P
