Safety Zone; Perch and Pilsner Festival, Lake Erie, Conneaut, OH, 32112-32114 [2019-13880]

Download as PDF 32112 Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Proposed Rules include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications. We cannot ensure that comments received after the close of the comment period (see DATES) or sent to an address other than those listed (see ADDRESSES) will be included in the docket for this rulemaking and considered. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. jbell on DSK3GLQ082PROD with PROPOSALS Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., CST on July 22, 2019. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations VerDate Sep<11>2014 17:35 Jul 03, 2019 Jkt 247001 listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review Pursuant to Office of Management and Budget (OMB) Guidance dated October 12, 1993, the approval of state plan amendments is exempted from OMB review under Executive Order 12866. Other Laws and Executive Orders Affecting Rulemaking When a State submits a Plan amendment to OSMRE for review, our regulations at 30 CFR 884.14 and 884.15, and agency policy require public notification and an opportunity for public comment. We accomplish this by publishing a notice in the Federal Register indicating receipt of the proposed amendment and its text or a summary of its terms. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 918 Intergovernmental relations, Surface mining, Underground mining. Dated: June 11, 2019. Alfred L. Clayborne, Regional Director, Department of Interior, Unified Regions 3. [FR Doc. 2019–14335 Filed 7–3–19; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0469] RIN 1625–AA00 Safety Zone; Perch and Pilsner Festival, Lake Erie, Conneaut, OH Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish a safety zone for navigable waters within a defined area off Conneaut Township Park during the Perch and Pilsner Festival Water Ski SUMMARY: PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 Show. This action is necessary to provide for the safety of life on the navigable waters in Conneaut Harbor, Lake Erie, Conneaut, OH during a water ski show on September 7, 2019. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before August 5, 2019. ADDRESSES: You may submit comments identified by docket number USCG– 2019–0469 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. If you have questions about this proposed rulemaking, call or email MST2 Meaghan Barnaby, Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216– 937–6004, email D09-SMBMSUCLEVELAND-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, Purpose, and Legal Basis On March 7, 2019, the Conneaut Area Chamber of Commerce notified the Coast Guard that it will be conducting a Water Ski Show from Noon to 5 p.m. on September 7, 2019. There will be three separate Water Ski demonstrations within the specified period. The Coast Guard determined that a high volume of vessels operating in the vicinity of the event is a safety concern for the event participants. The purpose of this rulemaking is to protect the safety of vessels, participants, and the navigable waters in Conneaut Harbor, Lake Erie, Conneaut, OH shoreward of a line between the following positions: 41°58′09″ N, 080°33′22″ W and 41°58′07″ N, 080°33′12″ W (NAD83) before, during, and immediately after the scheduled event. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). III. Discussion of Proposed Rule The Captain of the Port is proposing to establish a safety zone from 11:45 a.m. through 5:15 p.m. on September 7, E:\FR\FM\05JYP1.SGM 05JYP1 Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Proposed Rules 2019. The safety zone would cover all navigable waters in Conneaut Harbor, Lake Erie, Conneaut, OH shoreward of a line between the following positions: 41°58′09″ N, 080°33′22″ W and 41°58′07″ N, 080°33′12″ W (NAD83). The duration of the zone is intended to protect the safety of vessels, participants, and these navigable waters before, during, and immediately after the scheduled Noon to 5 p.m. water ski show. No vessel or person would be permitted to enter the safety zone without obtaining permission from the Captain of the Port or a designated representative. The regulatory text we are proposing appears at the end of this document. IV. Regulatory Analyses We developed this proposed 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. jbell on DSK3GLQ082PROD with PROPOSALS 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 NPRM is not designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM was not 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 minimize its impact on navigable waters. Furthermore, 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. VerDate Sep<11>2014 17:35 Jul 03, 2019 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 proposed rule would 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 IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would 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 proposed rule under that Order and have determined that it is consistent PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 32113 with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed 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 proposed 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves a safety zone lasting five and a half hours that would prohibit entry in all waters in Conneaut Harbor, Lake Erie, Conneaut, OH shoreward of a line between the following positions: 41°58′09″ N, 080°33′22″ W and 41°58′07″ N, 080°33′12″ W (NAD83). 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 preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a E:\FR\FM\05JYP1.SGM 05JYP1 32114 Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Proposed Rules significant environmental impact from this proposed rule. G. Protest Activities V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. jbell on DSK3GLQ082PROD with PROPOSALS 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 is proposing to amend 33 CFR part 165 as follows: 17:35 Jul 03, 2019 ENVIRONMENTAL PROTECTION AGENCY 1. The authority citation for part 165 continues to read as follows: 40 CFR Part 60 ■ 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. VerDate Sep<11>2014 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Jkt 247001 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.T09–0469 to read as follows: ■ § 165.T09–0469 Safety Zone; Perch and Pilsner Festival; Lake Erie, Conneaut, OH. (a) Location. The safety zone encompasses all waters in Conneaut Harbor, Lake Erie, Conneaut, OH shoreward of a line between the following positions: 41°58′09″ N, 080°33′22″ W and 41°58′07″ N, 080°33′12″ W (NAD83). (b) Enforcement period. This regulation will be enforced from 11:45 a.m. through 5:15 p.m. on September 7, 2019. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, 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 a 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 his or her behalf. (4) Vessel operators desiring to enter or operate within the safety zone shall 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 his or her onscene representative. Dated: June 25, 2019. Joseph S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2019–13880 Filed 7–3–19; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 [EPA–HQ–OAR–2018–0851; FRL–9996–20– OAR] RIN 2060–AU27 Standards of Performance for Stationary Compression Ignition Internal Combustion Engines Environmental Protection Agency (EPA). ACTION: Proposed rule; amendments. AGENCY: The U.S. Environmental Protection Agency (EPA) is proposing amendments to the Standards of Performance for Stationary Compression Ignition Internal Combustion Engines. In the ‘‘Rules and Regulations’’ section of this Federal Register, we are publishing a direct final rule, without a prior proposed rule that revises the emission standards for particulate matter for new stationary compression ignition (CI) engines located in remote areas of Alaska. If we receive no adverse comment, we will not take further action on this proposed rule. DATES: Comments. Comments must be received on or before August 5, 2019, or 30 days after date of public hearing, if one is requested. Public hearing. If anyone contacts us requesting a public hearing on or before July 10, 2019, we will hold a hearing. Additional information about the hearing, if requested, will be published in a subsequent Federal Register document and posted at https:// www.epa.gov/stationary-engines/newsource-performance-standardsstationary-compression-ignitioninternal-0. See SUPPLEMENTARY INFORMATION for information on requesting and registering for a public hearing. SUMMARY: You may send comments, identified by Docket ID No. EPA–HQ– OAR–2018–0851, by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online instructions for submitting comments. • Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA–HQ–OAR– 2018–0851 in the subject line of the message. • Fax: (202) 566–9744. Attention Docket ID No. EPA–HQ–OAR–2018– 0851. • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA–HQ–OAR–2018– 0851, Mail Code 28221T, 1200 ADDRESSES: E:\FR\FM\05JYP1.SGM 05JYP1

Agencies

[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Proposed Rules]
[Pages 32112-32114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13880]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0469]
RIN 1625-AA00


Safety Zone; Perch and Pilsner Festival, Lake Erie, Conneaut, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a safety zone for 
navigable waters within a defined area off Conneaut Township Park 
during the Perch and Pilsner Festival Water Ski Show. This action is 
necessary to provide for the safety of life on the navigable waters in 
Conneaut Harbor, Lake Erie, Conneaut, OH during a water ski show on 
September 7, 2019. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 5, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0469 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST2 Meaghan Barnaby, Waterways 
Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 
216-937-6004, 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, Purpose, and Legal Basis

    On March 7, 2019, the Conneaut Area Chamber of Commerce notified 
the Coast Guard that it will be conducting a Water Ski Show from Noon 
to 5 p.m. on September 7, 2019. There will be three separate Water Ski 
demonstrations within the specified period. The Coast Guard determined 
that a high volume of vessels operating in the vicinity of the event is 
a safety concern for the event participants.
    The purpose of this rulemaking is to protect the safety of vessels, 
participants, and the navigable waters in Conneaut Harbor, Lake Erie, 
Conneaut, OH shoreward of a line between the following positions: 
41[deg]58'09'' N, 080[deg]33'22'' W and 41[deg]58'07'' N, 
080[deg]33'12'' W (NAD83) before, during, and immediately after the 
scheduled event. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The Captain of the Port is proposing to establish a safety zone 
from 11:45 a.m. through 5:15 p.m. on September 7,

[[Page 32113]]

2019. The safety zone would cover all navigable waters in Conneaut 
Harbor, Lake Erie, Conneaut, OH shoreward of a line between the 
following positions: 41[deg]58'09'' N, 080[deg]33'22'' W and 
41[deg]58'07'' N, 080[deg]33'12'' W (NAD83). The duration of the zone 
is intended to protect the safety of vessels, participants, and these 
navigable waters before, during, and immediately after the scheduled 
Noon to 5 p.m. water ski show. No vessel or person would be permitted 
to enter the safety zone without obtaining permission from the Captain 
of the Port or a designated representative. The regulatory text we are 
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM is not 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM was not 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 minimize its impact on navigable waters. Furthermore, 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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a safety 
zone lasting five and a half hours that would prohibit entry in all 
waters in Conneaut Harbor, Lake Erie, Conneaut, OH shoreward of a line 
between the following positions: 41[deg]58'09'' N, 080[deg]33'22'' W 
and 41[deg]58'07'' N, 080[deg]33'12'' W (NAD83). 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 preliminary Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a

[[Page 32114]]

significant environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 is 
proposing to amend 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.T09-0469 to read as follows:


Sec.  165.T09-0469   Safety Zone; Perch and Pilsner Festival; Lake 
Erie, Conneaut, OH.

    (a) Location. The safety zone encompasses all waters in Conneaut 
Harbor, Lake Erie, Conneaut, OH shoreward of a line between the 
following positions: 41[deg]58'09'' N, 080[deg]33'22'' W and 
41[deg]58'07'' N, 080[deg]33'12'' W (NAD83).
    (b) Enforcement period. This regulation will be enforced from 11:45 
a.m. through 5:15 p.m. on September 7, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, 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 a 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 his or her 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall 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 his or her on-scene representative.

    Dated: June 25, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2019-13880 Filed 7-3-19; 8:45 am]
 BILLING CODE 9110-04-P