Safety Zone; Chicago Harbor, Illinois River, Peru, IL, 31484-31486 [2019-14122]
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31484
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0549]
RIN 1625–AA00
Safety Zone; Chicago Harbor, Illinois
River, Peru, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the Illinois
River in Peru, Illinois, in order to
protect vessels and persons from the
potential hazards associated with a
shore based fireworks display. Vessels
will not be allowed to enter, transit
through, or anchor within the safety
zone without the permission of the
Coast Guard Captain of the Port Lake
Michigan or a designated representative.
DATES: This rule is effective from 9:15
p.m. on July 3, 2019, through 10 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–
0549 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 rule, call
or email MST2 Weston Hescock, Marine
Safety Unit Chicago, U.S. Coast Guard;
telephone (630) 986–2155, email D09DG-MSUChicago-Waterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
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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
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Jkt 247001
not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule because doing so would be
impracticable and contrary to the public
interest. The final details for this event
were not known to the Coast Guard
until there was insufficient time
remaining before the event to publish an
NPRM. Delaying the effective date of
this rule to wait for a comment period
to run would be impracticable and
contrary to the public interest because it
would inhibit the Coast Guard’s ability
to protect the public and vessels from
the hazards associated with a shore
based fireworks display on July 3, 2019
or July 4, 2019.
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,
waiting for a 30-day notice period to run
would be impracticable and contrary to
the public interest.
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 Coast Guard will enforce a safety
zone on July 3, 2019 from 9:15 p.m.
through 10 p.m., with a rain date of July
4, 2019, for a shore based fireworks
display on/near the Illinois River in
Peru, Illinois. The Captain of the Port
Lake Michigan has determined that the
shore based fireworks display will pose
a significant risk to public safety and
property. Such hazards include
premature and accidental detonations,
falling and burning debris, and
collisions among spectator vessels.
IV. Discussion of the Rule
The Captain of the Port Lake
Michigan has determined that this
temporary safety zone is necessary to
ensure the safety of the public during
the shore based fireworks display on/
near the Illinois River. This safety zone
will be enforced from 9:15 p.m. through
10 p.m. on July 3, 2019, with a rain date
of July 4, 2019. The safety zone will
encompass all waters of the Illinois
River between MM 222.4 to MM 222.6.
Vessels will not be allowed to enter,
transit through, or anchor within the
safety zone without the permission of
the Coast Guard Captain of the Port Lake
Michigan or a designated representative.
The Captain of the Port 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
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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 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. Executive Order 13771
(‘‘Reducing Regulation and Controlling
Regulatory Costs’’), directs agencies to
reduce regulation and control regulatory
costs and provides that ‘‘for every one
new regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
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).
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
We conclude that this rule is not a
significant regulatory action because 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.
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.
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this temporary rule on
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02JYR1
Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Rules and Regulations
small entities. This rule will affect the
following entities, some of which might
be small entities: The owners or
operators of vessels intending to transit
on a portion of the Illinois River from
9:15 p.m. through 10 p.m. on July 3,
2019, with a rain date of July 4, 2019.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the reasons cited in the Regulatory
Planning and Review section.
Additionally, before the enforcement of
the zones, we will issue local Broadcast
Notice to Mariners and Local Notice to
Mariners so vessel owners and operators
can plan accordingly.
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.
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15:49 Jul 01, 2019
Jkt 247001
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 the
establishment of a safety zone for a
shore based fireworks display on/near
the Illinois River, Peru, IL,
encompassing all waters of the Illinois
River between MM 222.4 to MM 222.6.
It is categorically excluded from further
review under paragraph L[60](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
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31485
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.T09–0549 to read as
follows:
■
§ 165.T09–0549 Safety Zone; Chicago
Harbor, Illinois River, Peru, IL.
(a) Location. The safety zone will
encompass all waters of the Illinois
River between mile marker (MM) 222.4
to MM 222.6.
(b) Effective and enforcement period.
This safety zone will be enforced from
9:15 p.m. through 10 p.m. on July 3,
2019. In the case of inclement weather
on July 3, the safety zone will be
enforced at the same times 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
Lake Michigan 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
Lake Michigan or a designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Lake Michigan
is any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port
Lake Michigan to act on his or her
behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Lake
Michigan or an on-scene representative
to obtain permission to do so. The
Captain of the Port Lake Michigan or an
on-scene representative may be
contacted via VHF Channel 16 or at
414–747–7182. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
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02JYR1
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Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 / Rules and Regulations
of the Port Lake Michigan, or an onscene representative.
Dated: June 27, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2019–14122 Filed 7–1–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0520]
RIN 1625–AA00
Safety Zone, Newport 4th of July
Fireworks, Yaquina Bay, Newport, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of Yaquina Bay near
Newport, OR. This action is necessary to
provide for the safety of life on these
navigable waters during a fireworks
display on July 4, 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.
DATES: This rule is effective from 9 p.m.
to 11:30 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–
0520 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, Coast Guard; telephone
503–240–9319, email msupdxwwm@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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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
VerDate Sep<11>2014
15:49 Jul 01, 2019
Jkt 247001
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 to do
so would be impracticable to complete
a notice-and-comment rulemaking prior
to the date of the fireworks display, July
4, 2019, for which a safety zone is
needed.
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 action is needed on July 4,
2019, to respond to the potential safety
hazards associated with 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 Columbia River
(COTP) has determined that potential
hazards associated with the fireworks
display on July 4, 2019, will be a safety
concern for anyone within a 450-yard
radius of the launch site. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
before, during, and after the scheduled
event.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9 p.m. until 11:30 p.m. on July 4,
2019. The safety zone will cover all
navigable waters of Yaquina Bay within
450 yards of the discharge site located
at 44°37′32″ N, 124°2′5″ W, in vicinity
of Newport, 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 10:30 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
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Fmt 4700
Sfmt 4700
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 this safety zone which
will impact a small designated area of
Yaquina Bay for approximately 2 and 1⁄2
hours during the evening when vessel
traffic is normally low. Moreover, the
Coast Guard will issue a 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 safety
zone may be small entities, for the
reasons stated in section V.A, 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
E:\FR\FM\02JYR1.SGM
02JYR1
]]>Agencies
[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Rules and Regulations]
[Pages 31484-31486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14122]
[[Page 31484]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0549]
RIN 1625-AA00
Safety Zone; Chicago Harbor, Illinois River, Peru, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the Illinois
River in Peru, Illinois, in order to protect vessels and persons from
the potential hazards associated with a shore based fireworks display.
Vessels will not be allowed to enter, transit through, or anchor within
the safety zone without the permission of the Coast Guard Captain of
the Port Lake Michigan or a designated representative.
DATES: This rule is effective from 9:15 p.m. on July 3, 2019, through
10 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-
2019-0549 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 rule,
call or email MST2 Weston Hescock, Marine Safety Unit Chicago, U.S.
Coast Guard; telephone (630) 986-2155, 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 doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Delaying the effective
date of this rule to wait for a comment period to run would be
impracticable and contrary to the public interest because it would
inhibit the Coast Guard's ability to protect the public and vessels
from the hazards associated with a shore based fireworks display on
July 3, 2019 or July 4, 2019.
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, waiting for a 30-day notice period to run
would be impracticable and contrary to the public interest.
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 Coast Guard will enforce a safety zone on July 3, 2019 from
9:15 p.m. through 10 p.m., with a rain date of July 4, 2019, for a
shore based fireworks display on/near the Illinois River in Peru,
Illinois. The Captain of the Port Lake Michigan has determined that the
shore based fireworks display will pose a significant risk to public
safety and property. Such hazards include premature and accidental
detonations, falling and burning debris, and collisions among spectator
vessels.
IV. Discussion of the Rule
The Captain of the Port Lake Michigan has determined that this
temporary safety zone is necessary to ensure the safety of the public
during the shore based fireworks display on/near the Illinois River.
This safety zone will be enforced from 9:15 p.m. through 10 p.m. on
July 3, 2019, with a rain date of July 4, 2019. The safety zone will
encompass all waters of the Illinois River between MM 222.4 to MM
222.6. Vessels will not be allowed to enter, transit through, or anchor
within the safety zone without the permission of the Coast Guard
Captain of the Port Lake Michigan or a designated representative. The
Captain of the Port 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs''), directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled 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).
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
We conclude that this rule is not a significant regulatory action
because 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.
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.
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on
[[Page 31485]]
small entities. This rule will affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit on a portion of the Illinois River from 9:15 p.m.
through 10 p.m. on July 3, 2019, with a rain date of July 4, 2019.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zones, we will issue local Broadcast Notice to
Mariners and Local Notice to Mariners so vessel owners and operators
can plan accordingly.
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 the establishment of a safety zone for
a shore based fireworks display on/near the Illinois River, Peru, IL,
encompassing all waters of the Illinois River between MM 222.4 to MM
222.6. It is categorically excluded from further review under paragraph
L[60](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.T09-0549 to read as follows:
Sec. 165.T09-0549 Safety Zone; Chicago Harbor, Illinois River, Peru,
IL.
(a) Location. The safety zone will encompass all waters of the
Illinois River between mile marker (MM) 222.4 to MM 222.6.
(b) Effective and enforcement period. This safety zone will be
enforced from 9:15 p.m. through 10 p.m. on July 3, 2019. In the case of
inclement weather on July 3, the safety zone will be enforced at the
same times 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 Lake
Michigan 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 Lake Michigan or a designated
on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Lake Michigan to act on
his or her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Lake Michigan or an on-scene
representative to obtain permission to do so. The Captain of the Port
Lake Michigan or an on-scene representative may be contacted via VHF
Channel 16 or at 414-747-7182. Vessel operators given permission to
enter or operate in the safety zone must comply with all directions
given to them by the Captain
[[Page 31486]]
of the Port Lake Michigan, or an on-scene representative.
Dated: June 27, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2019-14122 Filed 7-1-19; 8:45 am]
BILLING CODE 9110-04-P
