Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-City of Kewaunee Fireworks Display, 29069-29070 [2019-13184]

Download as PDF Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations 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). jspears on DSK30JT082PROD with RULES 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 Order13132. 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. F. Environment We have analyzed this rule under Department of Homeland Security VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 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 on all waters of the Lower Mississippi River from MM 953.8 to MM 887.0, the Upper Mississippi River from MM 0.0 to MM 3.0, and the Ohio River from MM 981.5 to MM 978.5, during demolition of the federal levees on the Lower Mississippi River and utilization of the Bird’s Point-New Madrid Floodway. 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. MM 0.0 to MM 3.0, and the Ohio River from MM 981.5 to MM 978.5. (b) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this temporary safety zone is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. (2) To seek permission to enter, contact the COTP or a designated representative by radio VHF–FM Channel 16 or via phone at 502–779– 5422. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or a designated representative. (c) Enforcement period. The COTP or a designated representative will inform the public of the enforcement date and times for this safety zone, as well as any emergent safety concerns that may delay the enforcement of the zone through Local Notices to Mariners (LNMs), and/ or actual notice. Dated: June 17, 2019. A.M. Beach, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2019–13179 Filed 6–20–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard List of Subjects in 33 CFR Part 165 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: [Docket No. USCG–2019–0474] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—City of Kewaunee Fireworks Display Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone on the Kewaunee Harbor, Kewaunee, WI, for the City of Kewaunee Fireworks Display from 9 p.m. through 10 p.m. on July 3, 2019. This action is needed to better protect the safety of life on navigable waters immediately prior to, during, and after the fireworks display. During the enforcement period, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or his or her designated representative. DATES: The regulations in 33 CFR 165.929 for the City of Kewaunee SUMMARY: 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.T846 to read as follows: § 165.T846 Safety Zone; Lower Mississippi River, Ohio River, and Upper Mississippi River, Bird’s Point-New Madrid Floodway. (a) Location. The temporary safety zone will encompass all navigable waters of the Lower Mississippi River from mile marker (MM) 953.8 to MM 887.0, the Upper Mississippi River from PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 29069 E:\FR\FM\21JNR1.SGM 21JNR1 29070 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations Fireworks Display, listed as item (e)(52) in Table 165.929, will be enforced from 9 p.m. through 10 p.m. on July 3, 2019. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice of enforcement, call or email marine event coordinator MST1 Kaleena Carpino, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI; telephone (414) 747–7148, email D09SMB-SECLakeMichigan-WWM@ uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the City of Kewaunee Fireworks Display safety zone listed as item (e)(52) in Table 165.929 of 33 CFR 165.929 from 9 p.m. through 10 p.m. on July 3, 2019, on all waters of Lake Michigan and Kewaunee Harbor within the arc of a circle with a 1,000-foot radius from the fireworks launch site in position 44°27.481′ N, 087°29.735′ W (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or a designated on-scene representative. This notice of enforcement is issued under authority of 33 CFR 165.929 and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Coast Guard plans to provide the maritime community with advance notification for the enforcement of this safety zone via Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port Lake Michigan or a designated representative will inform the public through a Broadcast Notice to Mariners of any changes in the planned schedule. The Captain of the Port Lake Michigan or a representative may be contacted via Channel 16, VHF– FM, or via telephone (414) 747–7182. Dated: June 14, 2019. Thomas J. Stuhlreyer, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2019–13184 Filed 6–20–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 jspears on DSK30JT082PROD with RULES [Docket Number USCG–2019–0324] RIN 1625–AA00 Safety Zone; Columbia River, Fireworks Umatilla, OR Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 The Coast Guard is establishing a temporary safety zone for certain waters of the Columbia River near Umatilla, OR. This action is necessary to provide for the safety of life on these navigable waters during a fireworks display on June 22, 2019. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Columbia River or a designated representative. SUMMARY: This rule is effective from 9 p.m. to 11:15 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– 0324 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 LCDR Dixon Whitley, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503–240–9319, email msupdxwwm@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: 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 Umatilla Chamber of Commerce notified the Coast Guard that it will be conducting a fireworks display from 10 p.m. to 10:15 p.m. on June 22, 2019, to commemorate the town’s history and anniversary. The fireworks will launch from a site over the Columbia River in Umatilla, OR. In response, on May 17, 2019, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ‘‘Safety Zone; Columbia River, Fireworks Umatilla, OR’’ (84 FR 22403). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended June 3, 2019, we received no 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 because the Coast Guard needs to have a safety zone regulation in place by June 22, 2019, to respond to the potential PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 safety hazards associated with the fireworks display on that date. 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). Captain of the Port Columbia River (COTP) has determined that potential hazards associated with the fireworks to be used in this June 22, 2019 display will be a safety concern for anyone within a 450yard radius of the barge. The purpose of this rule is to ensure safety of vessels and the 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 published May 17, 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 from 9 p.m. to 11:15 p.m. on June 22, 2019. The safety zone would cover all navigable waters of the Columbia River within 450-yards of the discharge site located at 45°55′39″ N, 119°19′46″ W, in vicinity of Umatilla, OR. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled 10 p.m. to 10:15 p.m. fireworks display. No vessel or person would 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. E:\FR\FM\21JNR1.SGM 21JNR1

Agencies

[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Pages 29069-29070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13184]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0474]


Safety Zone; Annual Events Requiring Safety Zones in the Captain 
of the Port Lake Michigan Zone--City of Kewaunee Fireworks Display

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone on the Kewaunee 
Harbor, Kewaunee, WI, for the City of Kewaunee Fireworks Display from 9 
p.m. through 10 p.m. on July 3, 2019. This action is needed to better 
protect the safety of life on navigable waters immediately prior to, 
during, and after the fireworks display. During the enforcement period, 
entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Lake Michigan 
or his or her designated representative.

DATES: The regulations in 33 CFR 165.929 for the City of Kewaunee

[[Page 29070]]

Fireworks Display, listed as item (e)(52) in Table 165.929, will be 
enforced from 9 p.m. through 10 p.m. on July 3, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice 
of enforcement, call or email marine event coordinator MST1 Kaleena 
Carpino, Prevention Department, Coast Guard Sector Lake Michigan, 
Milwaukee, WI; telephone (414) 747-7148, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the City of 
Kewaunee Fireworks Display safety zone listed as item (e)(52) in Table 
165.929 of 33 CFR 165.929 from 9 p.m. through 10 p.m. on July 3, 2019, 
on all waters of Lake Michigan and Kewaunee Harbor within the arc of a 
circle with a 1,000-foot radius from the fireworks launch site in 
position 44[deg]27.481' N, 087[deg]29.735' W (NAD 83). Entry into, 
transiting, or anchoring within the safety zone is prohibited unless 
authorized by the Captain of the Port Lake Michigan or a designated on-
scene representative.
    This notice of enforcement is issued under authority of 33 CFR 
165.929 and 5 U.S.C. 552(a). In addition to this publication in the 
Federal Register, the Coast Guard plans to provide the maritime 
community with advance notification for the enforcement of this safety 
zone via Broadcast Notice to Mariners or Local Notice to Mariners. The 
Captain of the Port Lake Michigan or a designated representative will 
inform the public through a Broadcast Notice to Mariners of any changes 
in the planned schedule. The Captain of the Port Lake Michigan or a 
representative may be contacted via Channel 16, VHF-FM, or via 
telephone (414) 747-7182.

    Dated: June 14, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2019-13184 Filed 6-20-19; 8:45 am]
BILLING CODE 9110-04-P