Safety Zone; Lakewood Independence Day Fireworks; Lake Erie, Lakewood, OH, 30907-30909 [2019-13879]
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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
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:
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s representative by telephone at
502–779–5422 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter the safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public when the safety zone
is being enforced via a Broadcast
Notices to Mariners.
Dated: May 31, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2019–13788 Filed 6–27–19; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
■
33 CFR Part 165
khammond on DSKBBV9HB2PROD with RULES
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.
[Docket Number USCG–2019–0436]
RIN 1625–AA00
■
2. Add § 165.T08–0416 to read as
follows:
Safety Zone; Lakewood Independence
Day Fireworks; Lake Erie, Lakewood,
OH
§ 165.T08–0416 Safety Zone; Upper
Mississippi River, Chester, IL, Thebes, IL.
AGENCY:
(a) Location. The safety zone will
cover all navigable waters of the Upper
Mississippi River from mile marker
(MM) 109.9 to MM 33.0.
(b) Effective period. This section is
effective without actual notice from
June 28, 2019 through July 2, 2019. For
the purposes of enforcement, actual
notice will be used from June 2, 2019
through June 28, 2019.
(c) Enforcement period. This section
will be enforced from June 2, 2019
through July 2, 2019 or until the Cape
Girardeau river gauge falls below 45
feet, whichever occurs first
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry of vessels or persons into the zone
is prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Ohio Valley.
(2) Vessels requiring entry into the
safety zone must request permission
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Jkt 247001
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 420-foot
radius of the launch site located at
position 41°29′50″ N, 081°47′52″ W at
Lakewood Park, Lakewood, OH. This
safety zone is needed to restrict vessels
from a portion of Lake Erie during the
Lakewood Independence Day fireworks
display. The temporary safety zone is
necessary to protect mariners and
vessels from the navigational hazards
associated with a fireworks display.
Entry of vessel or person into this zone
is prohibited unless specifically
authorized by the Captain of the Port
Buffalo.
SUMMARY:
This rule is effective from 9:45
p.m. through 10:45 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–
0436 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
DATES:
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
30907
If
you have questions on this rule, call or
email LT Ryan Junod, Chief Waterways
Management Division, U.S. Coast
Guard; telephone 216–937–0124, email
D09-SMB-MSUCleveland-WWM@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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
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 the
event sponsor did not submit notice to
the Coast Guard with sufficient time
remaining before the event to publish an
NPRM. Thus, delaying the effective date
of this rule to wait for a comment period
to run would be contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect spectators and vessels
from the hazards associated with a
maritime 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. Delaying the effective date
would be contrary to the rule’s
objectives of protecting safety of life on
the navigable waters in the vicinity of
the fireworks display.
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
Captain of the Port Buffalo determined
that a fireworks display presents
significant risks to the public safety and
property. Such hazards include
premature and accidental detonations,
dangerous projectiles, and falling or
burning debris. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
waters within the safety zone while the
fireworks display takes place.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9:45 p.m. through 10:45 p.m. on
July 4, 2019. The safety zone will cover
all navigable waters of Lake Erie,
Lakewood, OH contained within 420
feet of the fireworks launch site located
at: 41°29′50″ N, 081°47′52″ W.
The duration of the zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters while the fireworks event takes
place. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
Captain of the Port Buffalo or a
designated representative.
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V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to the
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 conclusion that this rule
is not a significant regulatory action. We
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for a
relatively short time. Also, the safety
zone is designed to allow vessels to
transit around it. Thus, restrictions on
vessel movement within that particular
area are expected to be minimal. Under
certain conditions, moreover, vessels
may still transit through the safety zone
when permitted by the Captain of the
Port.
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Jkt 247001
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 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
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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 1 hour that will prohibit
entry within 420 feet of position
41°29′50″ N, 081°47′52″ W, Lakewood,
OH. 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.
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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
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:
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or an on-scene
representative.
Dated: June 25, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2019–13879 Filed 6–27–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
33 CFR Part 165
[Docket No. USCG–2019–0492]
1. The authority citation for part 165
continues to read as follows:
RIN 1625–AA00
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.
Safety Zone; San Francisco Waterfront
Celebration Fireworks Display; San
Francisco Bay, San Francisco, CA
2. Add § 165.T09–0436 to read as
follows:
AGENCY:
§ 165.T09–0436 Safety Zone; Lakewood
Independence Day Fireworks; Lake Erie,
Lakewood, OH.
SUMMARY:
■
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■
ACTION:
(a) Location. The safety zone will
encompass all waters of Lake Erie in
Lakewood, OH contained within a 420
foot radius of the fireworks launch site
located at position 41°29′50″ N,
081°47′52″ W (NAD 83).
(b) Enforcement period. The
regulation in this section will be
enforced from 9:45 p.m. through 10:45
p.m. on July 4, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Buffalo or a designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or their designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who is designated by the
Captain of the Port Buffalo to act on
their behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or an on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or an on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
VerDate Sep<11>2014
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Jkt 247001
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing temporary safety zones in
the navigable waters of the San
Francisco Bay near Aquatic Park in
support of the San Francisco Waterfront
Celebration on July 4, 2019. These safety
zones are necessary to protect
personnel, vessels, and the marine
environment from the dangers
associated with pyrotechnics.
Unauthorized persons or vessels are
prohibited from entering into, transiting
through, or remaining in the safety
zones without permission of the Captain
of the Port or a designated
representative.
This rule is effective from 9 a.m.
on July 3, 2019 to 10:30 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–
0492 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 Lieutenant Junior Grade Jennae
Cotton, Waterways Management, U.S.
Coast Guard; telephone (415) 399–3585,
email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
COTP Captain of the Port San Francisco
CFR Code of Federal Regulations
DHS Department of Homeland Security
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
30909
§ 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.’’ 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. Since the Coast
Guard received notice of this event on
April 24, 2019, notice and comment
procedures would be impracticable in
this instance.
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 similar reasons as stated
above, notice and comment procedures
would be impractical in this instance
due to the short notice provided for this
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that potential hazards
associated with the San Francisco
Waterfront Celebration Fireworks
Display on July 4, 2019, will be a safety
concern for anyone within a 100-foot
radius of the fireworks barges during
loading, staging, and transit, and anyone
within a 700-foot radius of the fireworks
barges starting 30 minutes before the
fireworks display is scheduled to
commence and ending 30 minutes after
the conclusion of the fireworks display.
For this reason, safety zones are needed
to protect personnel, vessels, and the
marine environment in the navigable
waters around the fireworks barges
during the fireworks display.
IV. Discussion of the Rule
This rule establishes safety zones
from 9 a.m. on July 3, 2019 until 10:30
p.m. on July 4, 2019 during the loading,
staging, and transit of the four fireworks
barges, until approximately 30 minutes
after completion of the fireworks
display. From 9 a.m. on July 3, 2019 to
9 p.m. on July 4, 2019, during the
loading, staging, and transit of the
fireworks barges until 30 minutes prior
to the start of the fireworks display, the
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Agencies
[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30907-30909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13879]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0436]
RIN 1625-AA00
Safety Zone; Lakewood Independence Day Fireworks; Lake Erie,
Lakewood, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 420-foot radius of the launch site located at
position 41[deg]29'50'' N, 081[deg]47'52'' W at Lakewood Park,
Lakewood, OH. This safety zone is needed to restrict vessels from a
portion of Lake Erie during the Lakewood Independence Day fireworks
display. The temporary safety zone is necessary to protect mariners and
vessels from the navigational hazards associated with a fireworks
display. Entry of vessel or person into this zone is prohibited unless
specifically authorized by the Captain of the Port Buffalo.
DATES: This rule is effective from 9:45 p.m. through 10:45 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-
2019-0436 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 LT Ryan Junod, Chief Waterways Management Division, U.S.
Coast Guard; telephone 216-937-0124, 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
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 the event sponsor did not submit
notice to the Coast Guard with sufficient time remaining before the
event to publish an NPRM. Thus, delaying the effective date of this
rule to wait for a comment period to run would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a maritime
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. Delaying the effective date would
be contrary to the rule's objectives of protecting safety of life on
the navigable waters in the vicinity of the fireworks display.
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 Captain of the Port Buffalo
determined that a fireworks display presents significant risks to the
public safety and property. Such hazards include premature and
accidental detonations, dangerous projectiles, and falling or burning
debris. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable
[[Page 30908]]
waters within the safety zone while the fireworks display takes place.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:45 p.m. through 10:45
p.m. on July 4, 2019. The safety zone will cover all navigable waters
of Lake Erie, Lakewood, OH contained within 420 feet of the fireworks
launch site located at: 41[deg]29'50'' N, 081[deg]47'52'' W.
The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while the
fireworks event takes place. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the Captain of
the Port Buffalo or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to the 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 conclusion
that this rule is not a significant regulatory action. We anticipate
that it will have minimal impact on the economy, will not interfere
with other agencies, will not adversely alter the budget of any grant
or loan recipients, and will not raise any novel legal or policy
issues. The safety zone created by this rule will be relatively small
and enforced for a relatively short time. Also, the safety zone is
designed to allow vessels to transit around it. Thus, restrictions on
vessel movement within that particular area are expected to be minimal.
Under certain conditions, moreover, vessels may still transit through
the safety zone when permitted by the Captain of the Port.
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
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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
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 1 hour that will
prohibit entry within 420 feet of position 41[deg]29'50'' N,
081[deg]47'52'' W, Lakewood, OH. 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.
[[Page 30909]]
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; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0436 to read as follows:
Sec. 165.T09-0436 Safety Zone; Lakewood Independence Day Fireworks;
Lake Erie, Lakewood, OH.
(a) Location. The safety zone will encompass all waters of Lake
Erie in Lakewood, OH contained within a 420 foot radius of the
fireworks launch site located at position 41[deg]29'50'' N,
081[deg]47'52'' W (NAD 83).
(b) Enforcement period. The regulation in this section will be
enforced from 9:45 p.m. through 10:45 p.m. on July 4, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or a designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or their designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
is designated by the Captain of the Port Buffalo to act on their
behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or an on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or an on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or an on-scene representative.
Dated: June 25, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2019-13879 Filed 6-27-19; 8:45 am]
BILLING CODE 9110-04-P