Safety Zones; Recurring Safety Zones in Captain of the Port Sault Sainte Marie-Mackinaw Area Visitors Bureau Friday Night Fireworks, 20546-20547 [2019-09647]

Download as PDF 20546 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. 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 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 VerDate Sep<11>2014 16:24 May 09, 2019 Jkt 247001 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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: E:\FR\FM\10MYR1.SGM 10MYR1 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. khammond on DSKBBV9HB2PROD with RULES [FR Doc. 2019–09647 Filed 5–9–19; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 16:24 May 09, 2019 Jkt 247001 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 Frm 00007 Fmt 4700 Sfmt 4700 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: PO 00000 20547 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. E:\FR\FM\10MYR1.SGM 10MYR1

Agencies

[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]


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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.

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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