Safety Zone; Tall Ships Challenge Great Lakes 2019, Buffalo, NY, Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI, Kenosha, WI and Erie, PA, 20825-20827 [2019-09821]
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Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Proposed Rules
(c) Applicability
This AD applies to Learjet Inc. Model 60
airplanes, serial numbers 60–001 through 60–
430, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 78, Engine Exhaust.
(e) Unsafe Condition
This AD was prompted by a report of a
reverse thrust command accelerating the
airplane instead of decelerating the airplane
because the engine thrust reverser doors were
stowed instead of deployed. We are issuing
this AD to mitigate failure of the engine
thrust reverser system. The unsafe condition,
if not addressed, could result in the airplane
overrunning the runway or a runway
excursion.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Install a Thrust Reverser Voice Command
Warning System
Within the next 1,200 hours time-inservice or within the next 48 months after the
effective date of this AD, whichever occurs
first, install a Thrust Reverser Voice
Command Warning System and perform a
functional test in accordance with sections
3.A. through 3.C. of the Accomplishment
Instructions in Bombardier Learjet 60 Service
Bulletin SB 60–78–9, dated June 25, 2018.
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(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Wichita ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (i) of this
AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(i) Related Information
(1) For more information about this AD,
contact James Galstad, Aerospace Engineer,
Wichita ACO Branch, 1801 Airport Road,
Room 100, Wichita, Kansas 67209; telephone:
(316) 946–4135; fax: (316) 946–4107; email:
james.galstad@faa.gov or Wichita-COS@
faa.gov.
(2) For service information identified in
this AD, contact Learjet Inc., MS 53, P.O. Box
7707, Wichita, Kansas 67277–7707;
telephone: (toll free) 1–866–538–1247; (514)
855–2999; internet: https://
my.businessaircraft.bombardier.com. You
may view this service information at the
FAA, Policy and Innovation Division, 901
Locust, Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call (816) 329–4148.
VerDate Sep<11>2014
16:13 May 10, 2019
Jkt 247001
Issued in Kansas City, Missouri, on May 3,
2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy
Director, Policy and Innovation Division,
AIR–601.
[FR Doc. 2019–09689 Filed 5–10–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0212]
RIN 1625–AA00
Safety Zone; Tall Ships Challenge
Great Lakes 2019, Buffalo, NY,
Cleveland, OH, Bay City, MI, Green
Bay, WI, Sturgeon Bay, WI, Kenosha,
WI and Erie, PA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
create safety zones around each tall ship
visiting the Great Lakes during the Tall
Ships Challenge 2019 race series. These
safety zones will provide for the
regulation of vessel traffic in the vicinity
of each tall ship in the navigable waters
of the United States. The Coast Guard is
taking this action to safeguard
participants and spectators from the
hazards associated with the limited
maneuverability of these tall ships and
to ensure public safety during tall ships
events. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 12, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0212 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email LT Jason
Radcliffe, 9th District Waterways
Management, U.S. Coast Guard;
telephone 216–902–6060, email
jason.a.radcliffe2@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR
PO 00000
Code of Federal Regulations
Frm 00004
Fmt 4702
Sfmt 4702
20825
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
During the Tall Ships Challenge Great
Lakes 2019, tall ships will be
participating in maritime parades,
training cruises, races, and mooring in
the harbors of Buffalo, NY, Cleveland,
OH, Bay City, MI, Green Bay, WI,
Sturgeon Bay, WI, Kenosha, WI and
Erie, PA. This is a tri-annual event that
teaches character building and
leadership through sail training. The
Tall Ships event seeks to educate the
public about both the historical aspects
of sailing ships as well as their current
use as training vessels for students. Tall
ships are large, traditionally-rigged
sailing vessels. The event will consist of
festivals at each port of call, sail training
cruises, tall ship parades, and races
between the ports. More information
regarding the Tall Ships Challenge 2019
and the participating vessels can be
found at: https://tallshipsnetwork.com/
series/tall-ships-challenge-great-lakes2019/.
At 12:01 a.m. June 28, 2019, a safety
zone will be established around each
tall ship participating in this event. The
safety zone around each ship will
remain in effect as the tall ships travel
throughout the Great Lakes. The safety
zones will terminate at 12:01 a.m. on
September 2, 2019.
These safety zones are necessary to
protect the tall ships from potential
harm and to protect the public from the
hazards associated with the limited
maneuverability of tall sailing ships.
When operating under sail, they require
a substantial crew to manually turn the
rudder and adjust the sails, therefore
they cannot react as quickly as modern
ships. Additionally, during parades of
sail, the tall ships will be following a set
course through a crowded harbor, and it
is imperative that spectator craft stay
clear since maneuvering the tall ships to
avoid large crowds of spectator craft
would not be possible. Due to the high
profile nature and extensive publicity
associated with this event, each Captain
of the Port (COTP) expects a large
number of spectators in confined areas
adjacent to the tall ships. The
combination of large numbers of
recreational boaters, congested
waterways, boaters crossing
commercially transited waterways and
low maneuverability of the tall ships
could easily result in serious injuries or
fatalities. Therefore, the Coast Guard
will enforce a safety zone around each
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Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Proposed Rules
ship to ensure the safety of both
participants and spectators in these
areas. The Coast Guard is proposing this
rulemaking under authority in 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.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish
safety zones from 12:01 a.m. on June 28,
2019 until 12:01 a.m. on September 2,
2019. The safety zones would cover all
navigable waters within 100 yards of a
tall ship in the Great Lakes. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters during the 2019 Tall
Ships Challenge. No vessel or person
would be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. If the tall ships are
operating in a confined area such as a
small harbor and there is not adequate
room for vessels to stay out of the safety
zone because of a lack of navigable
water, then vessels will be permitted to
operate within the safety zone and shall
travel at the minimum speed necessary
to maintain a safe course. The
navigation rules shall apply at all times
within the safety zone. The regulatory
text we are proposing appears at the end
of this document.
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IV. Regulatory Analyses
We developed this proposed 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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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.
Vessel traffic would be able to safely
transit around this safety zone or
VerDate Sep<11>2014
16:13 May 10, 2019
Jkt 247001
through it at slow speed in congested
areas. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow 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 proposed rule would 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would 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
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 made a
preliminary determination 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 proposed rule
involves a safety zone lasting more than
one week. Normally such actions are
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
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
E:\FR\FM\13MYP1.SGM
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Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Proposed Rules
significant environmental impact from
this proposed rule.
Department of Homeland Security Delegation
No. 0170.1.
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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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 proposes to
amend 33 CFR part 165 as follows:
■ 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;
VerDate Sep<11>2014
16:13 May 10, 2019
Jkt 247001
2. Add § 165.T09–0073 to read as
follows:
§ 165.T09–0073 Safety Zone; Tall Ships
Challenge Great Lakes 2019; Buffalo, NY,
Cleveland, OH, Bay City, MI, Green Bay, WI,
Sturgeon Bay, WI, Kenosha, WI and Erie,
PA.
(a) Definitions. The following
definitions apply to this section:
(1) Navigation rules means the
Navigation Rules, International and
Inland (See, 1972 COLREGS and 33
U.S.C. 2001 et seq.).
(2) Official patrol means those
persons designated by Captain of the
Port Buffalo, Detroit, Sault Ste. Marie,
Duluth and Lake Michigan to monitor a
tall ship safety zone, permit entry into
the zone, give legally enforceable orders
to persons or vessels within the zone,
and take other actions authorized by the
cognizant Captain of the Port.
(3) Public vessel means vessels
owned, chartered, or operated by the
United States or by a State or political
subdivision thereof.
(4) Tall ship means any sailing vessel
participating in the Tall Ships Challenge
2019 in the Great Lakes.
(b) Location. The following areas are
safety zones: All navigable waters of the
United States located in the Ninth Coast
Guard District within a 100 yard radius
of any tall ship.
(c) Regulations.
(1) No person or vessel is allowed
within the safety zone unless authorized
by the cognizant Captain of the Port,
their designated representative, or the
on-scene official patrol.
(2) Persons or vessels operating
within a confined harbor or channel,
where there is not sufficient navigable
water outside of the safety zone to safely
maneuver are allowed to operate within
the safety zone and shall travel at the
minimum speed necessary to maintain a
safe course. Vessels operating within the
safety zone shall not come within 25
yards of a tall ship unless authorized by
the cognizant Captain of the Port, their
designated representative, or the onscene official patrol.
(3) When a tall ship approaches any
vessel that is moored or anchored, the
stationary vessel must stay moored or
anchored while it remains within the
tall ship’s safety zone unless ordered by
or given permission from the cognizant
Captain of the Port, their designated
representative, or the on-scene official
patrol to do otherwise.
(d) Effective period. This rule is
effective from 12:01 a.m. on Wednesday,
June 28, 2019 through 12:01 a.m. on
Monday September 2, 2019.
PO 00000
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Fmt 4702
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20827
(e) Navigation Rules. The Navigation
Rules shall apply at all times within a
tall ships safety zone.
Dated: May 8, 2019.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2019–09821 Filed 5–10–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 175
46 CFR Part 25
[Docket No. USCG–2018–0099]
RIN 1625–AC41
Fire Protection for Recreational
Vessels
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend the rules for recreational vessels
by moving fire extinguishing equipment
standards for recreational vessels from
the uninspected vessel subchapter,
which includes requirements for both
recreational and commercial vessels, to
the subchapter applicable only to
recreational vessels. This proposed
move would relieve owners of
recreational vessels from having to
adhere to NFPA 10 fire extinguisher
inspection, maintenance, and
recordkeeping requirements intended to
apply to commercial vessels only. This
would not alter fire extinguishing
equipment standards for commercial
vessels, but would correct an
incongruity in our regulations.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 12, 2019. Comments sent
to the Office of Management and Budget
(OMB) on collection of information
must reach OMB on or before 60 days
after publication in the Federal
Register.
SUMMARY:
You may submit comments
identified by docket number USCG–
2018–0099 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
ADDRESSES:
For
information about this document, call or
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Proposed Rules]
[Pages 20825-20827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09821]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0212]
RIN 1625-AA00
Safety Zone; Tall Ships Challenge Great Lakes 2019, Buffalo, NY,
Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI, Kenosha,
WI and Erie, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to create safety zones around each
tall ship visiting the Great Lakes during the Tall Ships Challenge 2019
race series. These safety zones will provide for the regulation of
vessel traffic in the vicinity of each tall ship in the navigable
waters of the United States. The Coast Guard is taking this action to
safeguard participants and spectators from the hazards associated with
the limited maneuverability of these tall ships and to ensure public
safety during tall ships events. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 12, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0212 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Jason Radcliffe, 9th District
Waterways Management, U.S. Coast Guard; telephone 216-902-6060, 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, Purpose, and Legal Basis
During the Tall Ships Challenge Great Lakes 2019, tall ships will
be participating in maritime parades, training cruises, races, and
mooring in the harbors of Buffalo, NY, Cleveland, OH, Bay City, MI,
Green Bay, WI, Sturgeon Bay, WI, Kenosha, WI and Erie, PA. This is a
tri-annual event that teaches character building and leadership through
sail training. The Tall Ships event seeks to educate the public about
both the historical aspects of sailing ships as well as their current
use as training vessels for students. Tall ships are large,
traditionally-rigged sailing vessels. The event will consist of
festivals at each port of call, sail training cruises, tall ship
parades, and races between the ports. More information regarding the
Tall Ships Challenge 2019 and the participating vessels can be found
at: https://tallshipsnetwork.com/series/tall-ships-challenge-great-lakes-2019/.
At 12:01 a.m. June 28, 2019, a safety zone will be established
around each tall ship participating in this event. The safety zone
around each ship will remain in effect as the tall ships travel
throughout the Great Lakes. The safety zones will terminate at 12:01
a.m. on September 2, 2019.
These safety zones are necessary to protect the tall ships from
potential harm and to protect the public from the hazards associated
with the limited maneuverability of tall sailing ships. When operating
under sail, they require a substantial crew to manually turn the rudder
and adjust the sails, therefore they cannot react as quickly as modern
ships. Additionally, during parades of sail, the tall ships will be
following a set course through a crowded harbor, and it is imperative
that spectator craft stay clear since maneuvering the tall ships to
avoid large crowds of spectator craft would not be possible. Due to the
high profile nature and extensive publicity associated with this event,
each Captain of the Port (COTP) expects a large number of spectators in
confined areas adjacent to the tall ships. The combination of large
numbers of recreational boaters, congested waterways, boaters crossing
commercially transited waterways and low maneuverability of the tall
ships could easily result in serious injuries or fatalities. Therefore,
the Coast Guard will enforce a safety zone around each
[[Page 20826]]
ship to ensure the safety of both participants and spectators in these
areas. The Coast Guard is proposing this rulemaking under authority in
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.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish safety zones from 12:01 a.m.
on June 28, 2019 until 12:01 a.m. on September 2, 2019. The safety
zones would cover all navigable waters within 100 yards of a tall ship
in the Great Lakes. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters during the 2019 Tall Ships
Challenge. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. If the tall ships are operating in a confined area such
as a small harbor and there is not adequate room for vessels to stay
out of the safety zone because of a lack of navigable water, then
vessels will be permitted to operate within the safety zone and shall
travel at the minimum speed necessary to maintain a safe course. The
navigation rules shall apply at all times within the safety zone. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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. Vessel traffic
would be able to safely transit around this safety zone or through it
at slow speed in congested areas. Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow 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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary
determination 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 proposed rule involves a safety zone lasting more
than one week. Normally such actions are 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 preliminary Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a
[[Page 20827]]
significant environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 33 CFR part 165 as follows:
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.T09-0073 to read as follows:
Sec. 165.T09-0073 Safety Zone; Tall Ships Challenge Great Lakes 2019;
Buffalo, NY, Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay,
WI, Kenosha, WI and Erie, PA.
(a) Definitions. The following definitions apply to this section:
(1) Navigation rules means the Navigation Rules, International and
Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.).
(2) Official patrol means those persons designated by Captain of
the Port Buffalo, Detroit, Sault Ste. Marie, Duluth and Lake Michigan
to monitor a tall ship safety zone, permit entry into the zone, give
legally enforceable orders to persons or vessels within the zone, and
take other actions authorized by the cognizant Captain of the Port.
(3) Public vessel means vessels owned, chartered, or operated by
the United States or by a State or political subdivision thereof.
(4) Tall ship means any sailing vessel participating in the Tall
Ships Challenge 2019 in the Great Lakes.
(b) Location. The following areas are safety zones: All navigable
waters of the United States located in the Ninth Coast Guard District
within a 100 yard radius of any tall ship.
(c) Regulations.
(1) No person or vessel is allowed within the safety zone unless
authorized by the cognizant Captain of the Port, their designated
representative, or the on-scene official patrol.
(2) Persons or vessels operating within a confined harbor or
channel, where there is not sufficient navigable water outside of the
safety zone to safely maneuver are allowed to operate within the safety
zone and shall travel at the minimum speed necessary to maintain a safe
course. Vessels operating within the safety zone shall not come within
25 yards of a tall ship unless authorized by the cognizant Captain of
the Port, their designated representative, or the on-scene official
patrol.
(3) When a tall ship approaches any vessel that is moored or
anchored, the stationary vessel must stay moored or anchored while it
remains within the tall ship's safety zone unless ordered by or given
permission from the cognizant Captain of the Port, their designated
representative, or the on-scene official patrol to do otherwise.
(d) Effective period. This rule is effective from 12:01 a.m. on
Wednesday, June 28, 2019 through 12:01 a.m. on Monday September 2,
2019.
(e) Navigation Rules. The Navigation Rules shall apply at all times
within a tall ships safety zone.
Dated: May 8, 2019.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2019-09821 Filed 5-10-19; 8:45 am]
BILLING CODE 9110-04-P
