Safety Zone; Traverse City Ironman Triathlon, Traverse City, Michigan, 34297-34299 [2019-15321]
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Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Rules and Regulations
General to follow rulemaking
procedures for other kinds of scheduling
actions, see section 201(a) of the CSA,
21 U.S.C. 811(a), it is noteworthy that,
in section 201(h), Congress authorized
the issuance of temporary scheduling
actions by order rather than by rule.
In the alternative, even assuming that
this action might be subject to section
553 of the APA, the Acting
Administrator finds that there is good
cause to forgo the notice and comment
requirements of section 553, as any
further delays in the process for
issuance of temporary scheduling orders
would be impracticable and contrary to
the public interest in view of the
manifest urgency to avoid an imminent
hazard to the public safety.
Further, the DEA believes that this
temporary scheduling action is not a
‘‘rule’’ as defined by 5 U.S.C. 601(2),
and, accordingly, is not subject to the
requirements of the Regulatory
Flexibility Act (RFA). The requirements
for the preparation of an initial
regulatory flexibility analysis in 5 U.S.C.
603(a) are not applicable where, as here,
the DEA is not required by section 553
of the APA or any other law to publish
a general notice of proposed
rulemaking.
Additionally, this action is not a
significant regulatory action as defined
by Executive Order 12866 (Regulatory
Planning and Review), section 3(f), and,
accordingly, this action has not been
reviewed by the Office of Management
and Budget.
This action will not have substantial
direct effects 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. Therefore, in
accordance with Executive Order 13132
(Federalism), it is determined that this
action does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
As noted above, this action is an
order, not a rule. Accordingly, the
Congressional Review Act (CRA) is
inapplicable, as it applies only to rules.
However, if this were a rule, pursuant
to the CRA, ‘‘any rule for which an
agency for good cause finds that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest, shall take effect at
such time as the federal agency
promulgating the rule determines.’’ 5
U.S.C. 808(2). It is in the public interest
to schedule these substances
immediately to avoid an imminent
hazard to the public safety. This
temporary scheduling action is taken
pursuant to 21 U.S.C. 811(h), which is
specifically designed to enable the DEA
to act in an expeditious manner to avoid
an imminent hazard to the public safety.
21 U.S.C. 811(h) exempts the temporary
scheduling order from standard notice
and comment rulemaking procedures to
ensure that the process moves swiftly.
For the same reasons that underlie 21
U.S.C. 811(h), that is, the DEA’s need to
move quickly to place these substances
in schedule I because they pose an
imminent hazard to the public safety, it
would be contrary to the public interest
to delay implementation of the
temporary scheduling order. Therefore,
this order shall take effect immediately
upon its publication. The DEA has
submitted a copy of this temporary
order to both Houses of Congress and to
the Comptroller General, although such
filing is not required under the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Congressional
Review Act), 5 U.S.C. 801–808 because,
as noted above, this action is an order,
not a rule.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, the DEA
amends 21 CFR part 1308 as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
956(b), unless otherwise noted.
2. In § 1308.11, add paragraphs (h)(42)
through (47) to read as follows:
■
§ 1308.11
*
Schedule I.
*
*
(h) * * *
*
*
(42) N-Ethylhexedrone, its optical, positional, and geometric isomers, salts and salts of isomers (Other name: 2-(ethylamino)-1phenylhexan-1-one) ....................................................................................................................................................................................
(43) alpha-Pyrrolidinohexanophenone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: aPHP; alpha-pyrrolidinohexiophenone; 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one) .................................................................................
(44) 4-Methyl-alpha-ethylaminopentiophenone, its optical, positional, and geometric isomers, salts and salts of isomers (Other
names: 4–MEAP; 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one) .......................................................................................................
(45) 4′-Methyl-alpha-pyrrolidinohexiophenone, its optical, positional, and geometric isomers, salts and salts of isomers (Other
names: MPHP; 4′-methyl-alpha-pyrrolidinohexanophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one) ............................
(46) alpha-Pyrrolidinoheptaphenone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: PV8;
1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one) ................................................................................................................................................
(47) 4′-Chloro-alpha-pyrrolidinovalerophenone, its optical, positional, and geometric isomers, salts and salts of isomers (Other
names: 4-chloro-a-PVP; 4′-chloro-alpha-pyrrolidinopentiophenone; 1-(4-chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one) ...............
Dated: July 10, 2019.
Uttam Dhillon,
Acting Administrator.
DEPARTMENT OF HOMELAND
SECURITY
[FR Doc. 2019–15184 Filed 7–17–19; 8:45 am]
BILLING CODE 4410–09–P
Coast Guard
33 CFR Part 165
khammond on DSKBBV9HB2PROD with RULES
[Docket Number USCG–2019–0577]
RIN 1625–AA00
Safety Zone; Traverse City Ironman
Triathlon, Traverse City, Michigan
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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The Coast Guard is
establishing a temporary safety zone in
the Captain of the Port, Sault Sainte
Marie zone. This rule will provide a
temporary safety zone to protect 2,400
participating swimmers in the Traverse
City Ironman Triathlon. Entry of vessels
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Sault Sainte Marie.
DATES: This rule is effective from 6:15
a.m. through 9:45 a.m. on August 25,
2019.
SUMMARY:
To view documents
mentioned in this preamble as being
ADDRESSES:
E:\FR\FM\18JYR1.SGM
18JYR1
34298
Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Rules and Regulations
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0577 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 CWO Robert Gruschow
Waterways Management, Coast Guard
Sector Sault Sainte Marie, U.S. Coast
Guard; telephone 906–253–2462.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
khammond on DSKBBV9HB2PROD with RULES
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
Coast Guard did not receive the final
details of the requested safety zone with
sufficient time for a comment period to
run before the start of the event. Thus,
delaying this rule to wait for a notice
and comment period to run would be
impracticable and contrary to public
interest because it would inhibit the
Coast Guard’s ability to protect the
2,400 participants from the boating
public. It is impracticable to publish an
NPRM because we must establish this
safety zone by August 25, 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. Delaying the effective date of
this rule would be contrary to public
interest because prompt action is
needed to protect the 2,400 swimmers
participating in this event on August 25,
2019.
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 Sault Sainte Marie
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(COTP) has determined that potential
hazards exist while 2,400 participants
associated with the Traverse City
Ironman Triathlon, swim in a highly
congested area of boating traffic between
6:15 a.m. through 9:45 a.m. on August
25, 2019. This rule is needed to protect
the 2,400 participates of the Traverse
City Ironman Triathlon event.
IV. Discussion of the Rule
On August 25, 2019, Traverse City,
Michigan will be hosting an Ironman
Triathlon event. The swim course will
be in the Southern West Arm of Grand
Traverse Bay beginning at the swim
coral located west of City Marina and
finishing at Clinch Park Beach.
The City of Traverse City will not
allow vessels to enter or leave the City’s
marina which is located inside the
safety zone from 6:15 a.m. through 9:45
a.m. on August 25, 2019. Michigan
Department of Natural Resources has
approved the closure of the marina
during the event. This action is only for
the temporary safety zone. The Captain
of the Port Sault Sainte Marie has
determined that there are potential
hazards associated with this marine
event and a temporary safety zone of
500 yards is needed around the
following area, beginning point of
044°46.104 N 085°37.772 W, to the first
turn at point 44°46.15.7 N 085°37.48 W
to the second turn at point 44°46.70 N
085°36.59 W to the finishing point of
044°45.947 N 085°37.160 W. This rule is
needed to protect the 2,400 participants
in the navigable waters in the area of the
swim course of the Traverse City
Ironman Triathlon.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
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from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the city of Traverse City’s
plan in coordination with the state’s
Department of Natural Resources to
close the marina located within the
swim course for the duration of the
swim event. The Coast Guard’s
regulatory action will have no impact
since state and local authorities are
already closing the marina, prior to the
establishment of our safety 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 above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Rules and Regulations
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.
khammond on DSKBBV9HB2PROD with RULES
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 3 and 1⁄2 hours that will
prohibit any vessel entry within 500
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yards of the swim event of the Ironman
Triathlon. 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 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
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.T09–0577 to read as
follows:
■
§ 165.T09–0577 Safety Zone; Traverse City
Ironman Triathlon, Traverse City, MI.
(a) Location. The temporary safety
zone will encompass all U.S. navigable
waters of the Southern West Arm of
Grand Traverse Bay 500 yards around
the following area, beginning at the
swim coral located west of City Marina
and finishing at Clinch Park Beach,
encompassing the following area,
beginning point of 044°46.104 N
085°37.772 W, to the first turn at point
44°46.15.7 N 085°37.48 W to the second
turn at point 44°46.70 N 085°36.59 W to
the finishing point of 044°45.947 N
085°37.160 W.
(b) Effective and enforcement period.
The regulation in this section is
effective and will be enforced from 6:15
a.m. through 9:45 a.m. on August 25,
2019.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
temporary safety zone is prohibited
unless authorized by the Captain of the
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34299
Port, Sault Sainte Marie or his or her onscene representative.
(2) This temporary safety zone is
closed to all vessel traffic, except as may
be permitted by the Captain of the Port,
Sault Sainte Marie or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sault Sainte
Marie is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sault Sainte Marie to act on
his or her behalf. The on-scene
representative of the Captain of the Port,
Sault Sainte Marie will be aboard a
Coast Guard vessel.
(4) Vessel Operators desiring to enter
or operate within the temporary safety
zone shall contact the Captain of the
Port, Sault Sainte Marie, or his on-scene
representative to obtain permission to
do so. The Captain of the Port, Sault
Sainte Marie or his or her on-scene
representative may be contacted via
VHF Channel 16 or at (906) 635–3319.
Vessel operators given permission to
enter or operate in the temporary safety
zone must comply with all directions
given to them by the Captain of the Port,
Sault Sainte Marie or his or her onscene representative.
Dated: July 15, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2019–15321 Filed 7–17–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0486]
RIN 1625–AA00
Safety Zone; Ohio River, Brookport, IL
Coast Guard, DHS.
Interim final rule and request
for comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
a portion of the Ohio River in
Brookport, IL. This action is necessary
to protect personnel, vessels, and the
marine environment from potential
hazards created by the demolition of
Lock and Dam 52 involving explosives.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Ohio Valley or a designated
representative.
SUMMARY:
E:\FR\FM\18JYR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Rules and Regulations]
[Pages 34297-34299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15321]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0577]
RIN 1625-AA00
Safety Zone; Traverse City Ironman Triathlon, Traverse City,
Michigan
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Captain of the Port, Sault Sainte Marie zone. This rule will provide a
temporary safety zone to protect 2,400 participating swimmers in the
Traverse City Ironman Triathlon. Entry of vessels into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Sault Sainte Marie.
DATES: This rule is effective from 6:15 a.m. through 9:45 a.m. on
August 25, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 34298]]
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0577 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 CWO Robert Gruschow Waterways Management, Coast Guard
Sector Sault Sainte Marie, U.S. Coast Guard; telephone 906-253-2462.
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 Coast Guard did not receive the
final details of the requested safety zone with sufficient time for a
comment period to run before the start of the event. Thus, delaying
this rule to wait for a notice and comment period to run would be
impracticable and contrary to public interest because it would inhibit
the Coast Guard's ability to protect the 2,400 participants from the
boating public. It is impracticable to publish an NPRM because we must
establish this safety zone by August 25, 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. Delaying the effective date of
this rule would be contrary to public interest because prompt action is
needed to protect the 2,400 swimmers participating in this event on
August 25, 2019.
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 Sault Sainte
Marie (COTP) has determined that potential hazards exist while 2,400
participants associated with the Traverse City Ironman Triathlon, swim
in a highly congested area of boating traffic between 6:15 a.m. through
9:45 a.m. on August 25, 2019. This rule is needed to protect the 2,400
participates of the Traverse City Ironman Triathlon event.
IV. Discussion of the Rule
On August 25, 2019, Traverse City, Michigan will be hosting an
Ironman Triathlon event. The swim course will be in the Southern West
Arm of Grand Traverse Bay beginning at the swim coral located west of
City Marina and finishing at Clinch Park Beach.
The City of Traverse City will not allow vessels to enter or leave
the City's marina which is located inside the safety zone from 6:15
a.m. through 9:45 a.m. on August 25, 2019. Michigan Department of
Natural Resources has approved the closure of the marina during the
event. This action is only for the temporary safety zone. The Captain
of the Port Sault Sainte Marie has determined that there are potential
hazards associated with this marine event and a temporary safety zone
of 500 yards is needed around the following area, beginning point of
044[deg]46.104 N 085[deg]37.772 W, to the first turn at point
44[deg]46.15.7 N 085[deg]37.48 W to the second turn at point
44[deg]46.70 N 085[deg]36.59 W to the finishing point of 044[deg]45.947
N 085[deg]37.160 W. This rule is needed to protect the 2,400
participants in the navigable waters in the area of the swim course of
the Traverse City Ironman Triathlon.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the city of
Traverse City's plan in coordination with the state's Department of
Natural Resources to close the marina located within the swim course
for the duration of the swim event. The Coast Guard's regulatory action
will have no impact since state and local authorities are already
closing the marina, prior to the establishment of our safety 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 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.
[[Page 34299]]
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 3 and \1/2\ hours
that will prohibit any vessel entry within 500 yards of the swim event
of the Ironman Triathlon. 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
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.T09-0577 to read as follows:
Sec. 165.T09-0577 Safety Zone; Traverse City Ironman Triathlon,
Traverse City, MI.
(a) Location. The temporary safety zone will encompass all U.S.
navigable waters of the Southern West Arm of Grand Traverse Bay 500
yards around the following area, beginning at the swim coral located
west of City Marina and finishing at Clinch Park Beach, encompassing
the following area, beginning point of 044[deg]46.104 N 085[deg]37.772
W, to the first turn at point 44[deg]46.15.7 N 085[deg]37.48 W to the
second turn at point 44[deg]46.70 N 085[deg]36.59 W to the finishing
point of 044[deg]45.947 N 085[deg]37.160 W.
(b) Effective and enforcement period. The regulation in this
section is effective and will be enforced from 6:15 a.m. through 9:45
a.m. on August 25, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this
temporary safety zone is prohibited unless authorized by the Captain of
the Port, Sault Sainte Marie or his or her on-scene representative.
(2) This temporary safety zone is closed to all vessel traffic,
except as may be permitted by the Captain of the Port, Sault Sainte
Marie or his on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sault
Sainte Marie to act on his or her behalf. The on-scene representative
of the Captain of the Port, Sault Sainte Marie will be aboard a Coast
Guard vessel.
(4) Vessel Operators desiring to enter or operate within the
temporary safety zone shall contact the Captain of the Port, Sault
Sainte Marie, or his on-scene representative to obtain permission to do
so. The Captain of the Port, Sault Sainte Marie or his or her on-scene
representative may be contacted via VHF Channel 16 or at (906) 635-
3319. Vessel operators given permission to enter or operate in the
temporary safety zone must comply with all directions given to them by
the Captain of the Port, Sault Sainte Marie or his or her on-scene
representative.
Dated: July 15, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-15321 Filed 7-17-19; 8:45 am]
BILLING CODE 9110-04-P
