Safety Zone; Creative Day Technologies Mackinac Island Fireworks, Mackinac Island, MI, 28219-28221 [2019-12805]
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Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Rules and Regulations
designated representative may terminate
the marine event or the operation of any
vessel at any time it is deemed
necessary for the protection of life and
property.
(3) Patrol Commander means a Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
COTP to monitor a regatta area, permit
entry into the regatta area, give legally
enforceable orders to persons or vessels
within the regatta area, and take other
actions authorized by the COTP. The
Patrol Commander will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Patrol Commander may be
contacted on VHF–FM Marine Channel
16 by the call sign ‘‘Coast Guard Patrol
Commander.’’
Dated: June 4, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2019–12845 Filed 6–17–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0290]
RIN 1625–AA00
Safety Zone; Creative Day
Technologies Mackinac Island
Fireworks, Mackinac Island, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
jbell on DSK3GLQ082PROD with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the Straits of Mackinac near Mackinac
Island, MI. The temporary safety zone is
needed to protect vessels and spectators
from the hazards associated with a
fireworks show during the Creative Day
Technologies Mackinac Island
Fireworks. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Sault Sainte Marie or a
designated representative.
DATES: This rule is effective from 9:30
p.m. to 10:30 p.m., June 26, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0290 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
VerDate Sep<11>2014
16:08 Jun 17, 2019
Jkt 247001
email MST2 Onnalee A. Blackledge,
Waterways Management, Coast Guard
Sector Sault Sainte Marie, U.S. Coast
Guard; telephone 906–253–2443, email
sssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency, for good
cause, finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The Coast
Guard did not receive the final details
of the requested safety zone with
sufficient time for a comment period to
run before the start of the fireworks
display. Thus, delaying this rule to wait
for a notice and comment period to run
would be impracticable because it
would inhibit the Coast Guard’s ability
to protect the public from the potential
hazards associated with the fireworks
display.
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. For the same reasons
discussed in the preceding paragraph, a
30 day notice period would be
impracticable.
III. Legal Authority and Need for Rule
The legal basis for this final
rulemaking is found at 46 U.S.C 70034;
33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland
Security Delegation No. 0170.1.
On June 26th 2019 from 9:30 p.m.
through 10:30 p.m., Mackinac Island
will have a fireworks display at position
45°50′48.44″ N, 084°37′40.06″ W. The
maximum sized shell to be used is six
inches and requires a temporary safety
zone of at least 420 feet. The State of
Michigan regulates fireworks displays.
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28219
This action is only for the temporary
safety zone.
The Captain of the Port Sault Sainte
Marie has determined that potential
hazard associated with fireworks from
9:30 p.m. to 10:30 p.m. on June 26, 2019
will be a safety concern to anyone
within a 420-foot radius of the launch
site. Such hazards include premature
and accidental detonations, falling and
burning debris, and collisions among
spectator vessels. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the temporary safety zone
while the fireworks are being displayed.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 9:30 p.m. through
10:30 p.m. on June 26, 2019. This rule
is necessary to protect the safety of
spectators and vessels during the
aforementioned display. The temporary
safety zone will encompass all U.S.
waters of Lake Huron within a 420 feet
radius from 45°50′48.44″ N,
084°37′40.06″ W. The rule will be
enforced to mitigate risks associated
with the display.
The duration of the zone is intended
to protect the safety of life and property
in these navigable waters during the
scheduled fireworks display. No vessel
or person will be permitted to enter the
temporary safety zone without obtaining
permission from the Captain of the Port
or a designated representative. The
Captain of the Port or a designated
representative may be contacted via
VHF Channel 16 or at 906–635–3237.
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.
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Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Rules and Regulations
This regulatory action determination
is based on the size, location, duration,
and time-of-day for this temporary
safety zone. Vessel traffic will be able to
safely transit around this safety zone
which will impact small designated area
of Lake Huron near Mackinac Island for
1 hour. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone and the rule allows vessels to seek
permission to enter the zone.
jbell on DSK3GLQ082PROD with RULES
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the
temporary 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.
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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 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 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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management 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 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 lasting
one hour that will prohibit entry into a
designated area. Normally such actions
are categorically excluded from further
PO 00000
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Sfmt 4700
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 record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T09–0290 to read as
follows:
■
§ 165.T09–0290 Safety Zone; Creative Day
Technologies Mackinac Island Fireworks,
Mackinac Island, MI.
(a) Location. The temporary safety
zone will encompass all U.S. navigable
waters of Lake Huron within a 420 foot
radius of 45°50′48.44″ N, 084°37′40.06″
W.
(b) Effective and enforcement period.
This regulation is effective and will be
enforced on June 26, 2019 from 9:30
p.m. through 10:30 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
temporary safety zone is prohibited
unless authorized by the Captain of the
Port Sault Sainte Marie or an on-scene
representative.
(2) This temporary safety zone is
closed to all vessel traffic, except as may
be permitted by the Captain of the Port
Sault Sainte Marie or an on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Sault Sainte
Marie is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
E:\FR\FM\18JNR1.SGM
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Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Rules and Regulations
of the Port Sault Sainte Marie to act on
his or her behalf. The on-scene
representative of the Captain of the Port
Sault Sainte Marie will be aboard a
Coast Guard vessel.
(4) Vessel Operators desiring to enter
or operate within the temporary safety
zone shall contact the Captain of the
Port Sault Sainte Marie, or an on-scene
representative to obtain permission to
do so. The Captain of the Port Sault
Sainte Marie or his on-scene
representative may be contacted via
VHF Channel 16 or at (906) 635–3237.
Vessel operators given permission to
enter or operate in the temporary safety
zone must comply with all directions
given to them by the Captain of the Port,
Sault Sainte Marie or his on-scene
representative.
Dated: June 11, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2019–12805 Filed 6–17–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0411]
RIN 1625–AA00
Safety Zone; Blazing Paddles,
Cuyahoga River, Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
jbell on DSK3GLQ082PROD with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
certain waters of the Cuyahoga River
during the Blazing Paddles Stand Up
Paddle Race. This safety zone is
intended to restrict vessels from a
portion of the Cuyahoga River during
the event. This temporary safety zone is
necessary to protect mariners and racers
from the navigational hazards associated
with Standup Paddleboard Race. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Buffalo.
DATES: This rule is effective from 7:45
a.m. through 2:30 p.m. on June 22, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0411 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
VerDate Sep<11>2014
16:08 Jun 17, 2019
Jkt 247001
If
you have questions on this rule, call or
email LT Ryan Junod, Chief of
Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland;
telephone 216–937–0124, email D09SMB-MSUCleveland-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
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.’’ On April 26,
2019 the Captain of the Port (COTP)
Buffalo published a notice of proposed
rulemaking (NPRM), Docket Number
USCG–2019–0121, to include safety
zones for annual events into a final rule.
This event was included in that NPRM.
Its purpose was to mitigate potential
threats to personnel, vessels, and the
marine environment in the navigable
waters within the specified safety zones.
The NPRM addressed these concerns,
and invited public comments, which
ended on May 28, 2019. As such, it is
unnecessary to publish a separate
NPRM for this event, as the public
previously had the opportunity to
comment on it, and no comments were
received.
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 final publication in the
Federal Register because doing so
would be impracticable and contrary to
the public interest. Delaying the
effective date of this rule to wait for
final publication would inhibit the
Coast Guard’s ability to protect
spectators and vessels from the hazards
associated with a stand up paddleboard
race.
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 a large-scale paddle
craft event on a navigable waterway will
PO 00000
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28221
pose a significant risk to participants
and the boating public. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the Blazing Paddles Race is
happening.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7:45 a.m. through 2:30 p.m. on
June 22, 2019. The safety zone will
cover all navigable waters at the start
point at position 41°29′36″ N and
081°42′13″ W to the turnaround point at
position 41°28′52″ N and 081°40′33″ W
and returning to the starting point on
the Cuyahoga River; Cleveland, OH. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 8:00 a.m. through
2:00 p.m. Paddleboard Race. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the COTP or a designated
on-scene representative. The COTP or a
designated on-scene representative may
be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the characteristics of the
safety zone. The safety zone created by
this rule will be relatively small and is
designed to minimize its impact on
navigable waters. Furthermore, the
safety zone has been designed to allow
vessels to transit around it. In addition,
the safety zone will have built in times
to allow vessels to travel through when
races are not being held. Thus,
restrictions on vessel movement within
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]]>Agencies
[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Rules and Regulations]
[Pages 28219-28221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12805]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0290]
RIN 1625-AA00
Safety Zone; Creative Day Technologies Mackinac Island Fireworks,
Mackinac Island, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Straits of Mackinac near Mackinac Island, MI. The temporary safety zone
is needed to protect vessels and spectators from the hazards associated
with a fireworks show during the Creative Day Technologies Mackinac
Island Fireworks. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Sault Sainte Marie or a designated representative.
DATES: This rule is effective from 9:30 p.m. to 10:30 p.m., June 26,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0290 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Onnalee A. Blackledge, Waterways Management, Coast
Guard Sector Sault Sainte Marie, U.S. Coast Guard; telephone 906-253-
2443, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency, for good cause, finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because doing so would be
impracticable. The Coast Guard did not receive the final details of the
requested safety zone with sufficient time for a comment period to run
before the start of the fireworks display. Thus, delaying this rule to
wait for a notice and comment period to run would be impracticable
because it would inhibit the Coast Guard's ability to protect the
public from the potential hazards associated with the fireworks
display.
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. For the same reasons discussed in
the preceding paragraph, a 30 day notice period would be impracticable.
III. Legal Authority and Need for Rule
The legal basis for this final rulemaking is found at 46 U.S.C
70034; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland
Security Delegation No. 0170.1.
On June 26th 2019 from 9:30 p.m. through 10:30 p.m., Mackinac
Island will have a fireworks display at position 45[deg]50'48.44'' N,
084[deg]37'40.06'' W. The maximum sized shell to be used is six inches
and requires a temporary safety zone of at least 420 feet. The State of
Michigan regulates fireworks displays. This action is only for the
temporary safety zone.
The Captain of the Port Sault Sainte Marie has determined that
potential hazard associated with fireworks from 9:30 p.m. to 10:30 p.m.
on June 26, 2019 will be a safety concern to anyone within a 420-foot
radius of the launch site. Such hazards include premature and
accidental detonations, falling and burning debris, and collisions
among spectator vessels. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
temporary safety zone while the fireworks are being displayed.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9:30 p.m.
through 10:30 p.m. on June 26, 2019. This rule is necessary to protect
the safety of spectators and vessels during the aforementioned display.
The temporary safety zone will encompass all U.S. waters of Lake Huron
within a 420 feet radius from 45[deg]50'48.44'' N, 084[deg]37'40.06''
W. The rule will be enforced to mitigate risks associated with the
display.
The duration of the zone is intended to protect the safety of life
and property in these navigable waters during the scheduled fireworks
display. No vessel or person will be permitted to enter the temporary
safety zone without obtaining permission from the Captain of the Port
or a designated representative. The Captain of the Port or a designated
representative may be contacted via VHF Channel 16 or at 906-635-3237.
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.
[[Page 28220]]
This regulatory action determination is based on the size,
location, duration, and time-of-day for this temporary safety zone.
Vessel traffic will be able to safely transit around this safety zone
which will impact small designated area of Lake Huron near Mackinac
Island for 1 hour. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone and the
rule allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary 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 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 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management 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 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 lasting one
hour that will prohibit entry into a designated area. Normally such
actions are 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 record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0290 to read as follows:
Sec. 165.T09-0290 Safety Zone; Creative Day Technologies Mackinac
Island Fireworks, Mackinac Island, MI.
(a) Location. The temporary safety zone will encompass all U.S.
navigable waters of Lake Huron within a 420 foot radius of
45[deg]50'48.44'' N, 084[deg]37'40.06'' W.
(b) Effective and enforcement period. This regulation is effective
and will be enforced on June 26, 2019 from 9:30 p.m. through 10:30 p.m.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this
temporary safety zone is prohibited unless authorized by the Captain of
the Port Sault Sainte Marie or an on-scene representative.
(2) This temporary safety zone is closed to all vessel traffic,
except as may be permitted by the Captain of the Port Sault Sainte
Marie or an on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain
[[Page 28221]]
of the Port Sault Sainte Marie to act on his or her behalf. The on-
scene representative of the Captain of the Port Sault Sainte Marie will
be aboard a Coast Guard vessel.
(4) Vessel Operators desiring to enter or operate within the
temporary safety zone shall contact the Captain of the Port Sault
Sainte Marie, or an on-scene representative to obtain permission to do
so. The Captain of the Port Sault Sainte Marie or his on-scene
representative may be contacted via VHF Channel 16 or at (906) 635-
3237. Vessel operators given permission to enter or operate in the
temporary safety zone must comply with all directions given to them by
the Captain of the Port, Sault Sainte Marie or his on-scene
representative.
Dated: June 11, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-12805 Filed 6-17-19; 8:45 am]
BILLING CODE 9110-04-P
