Safety Zone; St Lucie River, Stuart, Florida, 26574-26576 [2019-11987]
Download as PDF
26574
Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations
$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.
■
2. Add § 165.T08–0171 to read as
follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 165.T08–0171 Safety Zone; Illinois River,
Miles 0–187, Grafton, IL to Peoria, IL.
Coast Guard
F. Environment
(a) Location. The following area is a
safety zone: All navigable waters of the
Illinois River from mile marker (MM) 0
to MM 187, unless reduced in scope by
the Captain of the Port Sector Upper
Mississippi River (COTP) as flood
conditions warrant.
(b) Effective period. This section is
effective without actual notice from
June 7, 2019 through July 7, 2019. For
the purposes of enforcement, actual
notice will be used from June 7, 2019,
through June 7, 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 Captain of the Port
Sector Upper Mississippi River (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 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.
33 CFR Part 165
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary safety zone prohibiting entry
to vessels and persons on a one hundred
eighty one mile stretch of the Illinois
River that is experiencing significant
flooding that is impacting levees. It is
categorically excluded from further
review under paragraph L60(d) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1. Because this regulation is for a
temporary safety zone established to
deal with an emergency, and which is
longer than one week in duration, a
Record of Environmental Consideration
is not required at this time, but will be
made available in the docket after the
issuance of this rule 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
Dated: May 31, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2019–11960 Filed 6–6–19; 8:45 am]
jbell on DSK3GLQ082PROD with RULES
BILLING CODE 9110–04–P
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.
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16:25 Jun 06, 2019
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[Docket Number USCG–2019–0208]
RIN 1625–AA00
Safety Zone; St Lucie River, Stuart,
Florida
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of the St Lucie
River in Stuart, Florida. This action is
necessary to provide for the safety of life
on these navigable waters east of the
Roosevelt/U.S. Route 1 Bridge during
the Stuart Air Show. This regulation
prohibits vessels and persons from
entering the safety zone unless
authorized by the Captain of the Port
(COTP) Miami or a designated
representative.
SUMMARY:
This rule is effective from 6 p.m.
until 7:30 p.m. on July 4, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0208 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 about this proposed
rulemaking, call or email Omar Beceiro,
Sector Miami Waterways Management
Division, U.S. Coast Guard, telephone
305–535–4317, email omar.beceiro@
uscg.mil.
DATES:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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
On March 27, 2019, Stuart Airshow
Inc. notified the Coast Guard that it
would be sponsoring the Stuart Airshow
on July 4, 2019 from 6 p.m. through 7:30
p.m. The air show would take place east
of the Roosevelt/U.S. Route 1 Bridge on
the St Lucie River in Stuart, Florida.
The COTP Miami determined the air
show would present a safety concern for
persons and/or vessels operating
beneath aerial demonstrations. In
E:\FR\FM\07JNR1.SGM
07JNR1
Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations
response, the Coast Guard published a
notice of proposed rulemaking (NPRM)
on April 22, 2019, entitled ‘‘Safety
Zone; St Lucie River, Stuart, Florida’’
(84 FR 16630). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this safety zone. During
the comment period that ended May 22,
2019, we did not receive any comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to protect
the public, spectators, vessels, and
marine environment during the air
show.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP Miami has determined that
potential hazards associated with the
Stuart Air Show on July 4, 2019 will be
a safety concern for persons or vessels
operating underneath aerial
demonstrations. The purpose of this
rule is to ensure the safety of vessels
and navigable waters in the safety zone
before, during, and after the scheduled
event.
jbell on DSK3GLQ082PROD with RULES
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM that published
on April 22, 2019. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone on
July 4, 2019 from 6 p.m. through 7:30
p.m. The safety zone will cover certain
navigable waters east of the Roosevelt/
U.S. Route 1 Bridge on the St Lucie
River in Stuart, Florida. The duration of
the zone is intended to ensure the safety
of vessels and these navigable waters
before, during, and after the air show.
No vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
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
VerDate Sep<11>2014
16:25 Jun 06, 2019
Jkt 247001
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-day of the safety zone.
Vessel traffic will be able to safely
transit around the safety zone, which
would affect a small designated area of
the St Lucie River for approximately 90
minutes during the evening. Moreover,
the Coast Guard will 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 did not receive any
comments from the Small Business
Administration on this rulemaking. 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
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
26575
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
E:\FR\FM\07JNR1.SGM
07JNR1
26576
Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations
§ 165.T07–0208 Safety Zone; St Lucie
River, Stuart, FL.
ACTION:
SUMMARY:
List of Subjects in 33 CFR Part 165
(a) Location. The safety zone will
encompass all waters of St Lucie River,
Stuart FL contained within the
following points: Commencing at
27°12′24″ N, 080°15′21″ W; thence
southeast to 27°12′21″ N, 080°14′48″ W;
thence southwest to 27°12′06″ N,
080°14′50″ W; then northwest to
27°12′10″ N, 080°15′23″ W; thence
northeast to origin. All coordinates are
North American Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
COTP in the enforcement of the
regulated area.
(c) Regulations. (1) No person or
vessel will be permitted to enter, transit,
anchor, or remain within the regulated
area unless authorized by COTP or a
designated representative.
(2) Persons and vessels desiring to
enter, transit, anchor, or remain within
the regulated area may contact the
COTP by telephone at 305–535–4313, or
a designated representative via VHF
radio on channel 16 to request
authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP or a designated representative.
(d) Enforcement period. This
regulation will be enforced from 6 p.m.
until 7:30 p.m. on July 4, 2019.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Dated: June 3, 2019.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[FR Doc. 2019–11987 Filed 6–6–19; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 300
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting approximately 90 minutes
that will prohibit entry into a regulated
area on the St Lucie River east of the
Roosevelt/U.S. Route 1 Bridge in Stuart,
Florida. It is categorically excluded from
further review under paragraph L60(a)
in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. 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.
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; and
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T07–0208 to read as
follows:
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■
VerDate Sep<11>2014
16:25 Jun 06, 2019
Jkt 247001
On May 15, 2019, the
Environmental Protection Agency
published a final rule which added
seven new sites to the National
Priorities List (NPL) and changed the
name of an NPL site. That document
inadvertently contained a typographical
error, citing Table 1 (General Superfund
Section) in the instructions to make the
site name change rather than Table 2
(Federal Facilities Section). This
document corrects the final rule.
DATES: Effective June 14, 2019.
FOR FURTHER INFORMATION CONTACT:
Terry Jeng, phone: (703) 603–8852,
email: jeng.terry@epa.gov, Site
Assessment and Remedy Decisions
Branch, Assessment and Remediation
Division, Office of Superfund
Remediation and Technology
Innovation (Mailcode 5204P), U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington,
DC 20460.
SUPPLEMENTARY INFORMATION: In FR Doc.
2019–09924 (84 FR 21708), appearing
on page 21708 of the Federal Register
of Wednesday, May 15, 2019, the
following correction is made:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
[CORRECTED]
National Priorities List; Correction
1. On page 21713, in the third column,
amendatory instruction 2 and its
corresponding regulatory text are
corrected to read as follows:
■ 2. Appendix B to part 300 is amended
as follows:
■ a. In Table 1, adding entries for
‘‘Copper Bluff Mine’’, ‘‘Cliff Drive
Groundwater Contamination’’,
‘‘McLouth Steel Corp’’, ‘‘Sporlan Valve
Plant #1’’, ‘‘Magna Metals’’,
‘‘PROTECO’’, and ‘‘Shaffer Equipment/
Arbuckle Creek Area’’ in alphabetical
order by state.
■ b. In Table 2, adding an entry for
‘‘Hunters Point Naval Shipyard’’ in
alphabetical order by state and
removing the entry for ‘‘Treasure Island
Naval Station-Hun Pt An’’.
The additions read as follows:
Environmental Protection
Agency (EPA).
Appendix B to Part 300—National
Priorities List
BILLING CODE 9110–04–P
■
Final rule, correction.
[EPA–HQ–SFUND–1989–0007, EPA–HQ–
OLEM–2018–0253, 0580, 0581, 0582, 0583,
0585, and 0586; FRL–9994–86–OLEM]
AGENCY:
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■
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Agencies
[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Rules and Regulations]
[Pages 26574-26576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11987]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0208]
RIN 1625-AA00
Safety Zone; St Lucie River, Stuart, Florida
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the St Lucie River in Stuart, Florida. This
action is necessary to provide for the safety of life on these
navigable waters east of the Roosevelt/U.S. Route 1 Bridge during the
Stuart Air Show. This regulation prohibits vessels and persons from
entering the safety zone unless authorized by the Captain of the Port
(COTP) Miami or a designated representative.
DATES: This rule is effective from 6 p.m. until 7:30 p.m. on July 4,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0208 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 about this
proposed rulemaking, call or email Omar Beceiro, Sector Miami Waterways
Management Division, U.S. Coast Guard, telephone 305-535-4317, 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
On March 27, 2019, Stuart Airshow Inc. notified the Coast Guard
that it would be sponsoring the Stuart Airshow on July 4, 2019 from 6
p.m. through 7:30 p.m. The air show would take place east of the
Roosevelt/U.S. Route 1 Bridge on the St Lucie River in Stuart, Florida.
The COTP Miami determined the air show would present a safety concern
for persons and/or vessels operating beneath aerial demonstrations. In
[[Page 26575]]
response, the Coast Guard published a notice of proposed rulemaking
(NPRM) on April 22, 2019, entitled ``Safety Zone; St Lucie River,
Stuart, Florida'' (84 FR 16630). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this safety zone. During the comment period that ended May 22, 2019, we
did not receive any comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to protect the public, spectators,
vessels, and marine environment during the air show.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Miami has determined that potential hazards associated
with the Stuart Air Show on July 4, 2019 will be a safety concern for
persons or vessels operating underneath aerial demonstrations. The
purpose of this rule is to ensure the safety of vessels and navigable
waters in the safety zone before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM that published
on April 22, 2019. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone on July 4, 2019 from 6 p.m.
through 7:30 p.m. The safety zone will cover certain navigable waters
east of the Roosevelt/U.S. Route 1 Bridge on the St Lucie River in
Stuart, Florida. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the air show. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.
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-day of the safety zone. Vessel traffic
will be able to safely transit around the safety zone, which would
affect a small designated area of the St Lucie River for approximately
90 minutes during the evening. Moreover, the Coast Guard will 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 did not receive any comments from the Small
Business Administration on this rulemaking. 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).
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.
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.
[[Page 26576]]
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting approximately 90
minutes that will prohibit entry into a regulated area on the St Lucie
River east of the Roosevelt/U.S. Route 1 Bridge in Stuart, Florida. It
is categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures 5090.1. 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
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
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; and Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T07-0208 to read as follows:
Sec. 165.T07-0208 Safety Zone; St Lucie River, Stuart, FL.
(a) Location. The safety zone will encompass all waters of St Lucie
River, Stuart FL contained within the following points: Commencing at
27[deg]12'24'' N, 080[deg]15'21'' W; thence southeast to 27[deg]12'21''
N, 080[deg]14'48'' W; thence southwest to 27[deg]12'06'' N,
080[deg]14'50'' W; then northwest to 27[deg]12'10'' N, 080[deg]15'23''
W; thence northeast to origin. All coordinates are North American Datum
1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the COTP
in the enforcement of the regulated area.
(c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the regulated area unless
authorized by COTP or a designated representative.
(2) Persons and vessels desiring to enter, transit, anchor, or
remain within the regulated area may contact the COTP by telephone at
305-535-4313, or a designated representative via VHF radio on channel
16 to request authorization. If authorization is granted, all persons
and vessels receiving such authorization must comply with the
instructions of the COTP or a designated representative.
(d) Enforcement period. This regulation will be enforced from 6
p.m. until 7:30 p.m. on July 4, 2019.
Dated: June 3, 2019.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2019-11987 Filed 6-6-19; 8:45 am]
BILLING CODE 9110-04-P