Safety Zone; NAACP Fireworks, Detroit River, MI, 35313-35315 [2019-15624]
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Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations
§ 594.318 Agency or instrumentality of a
foreign state.
The term agency or instrumentality of
a foreign state has the meaning given
that term in section 1603(b) of title 28,
United States Code.
■ 18. Add § 594.319 to read as follows:
§ 594.319
HAMAS.
The term HAMAS means:
(a) The entity known as HAMAS and
designated by the Secretary of State as
a foreign terrorist organization pursuant
to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189); or
(b) Any person:
(1) The property and interests in
property of which are blocked pursuant
to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et
seq.); and
(2) Who is identified on the Specially
Designated Nationals and Blocked
Persons List (SDN List) maintained by
OFAC as an agent, instrumentality, or
affiliate of HAMAS.
Note 1 to § 594.319: The SDN List is
accessible through the following page on
OFAC’s website: www.treasury.gov/sdn.
Additional information pertaining to the SDN
List can be found in appendix A to this
chapter. Persons on the SDN List based on
conduct described in § 594.201(a)(9), (10),
(11) are identified by a special reference at
the end of their entries on the SDN List—
‘‘[SHIELD–ACT]’’—in addition to the
reference to the regulatory part of this
chapter pursuant to which their property and
interests in property are blocked. For
example, a person whose property and
interests in property are blocked pursuant to
the Global Terrorism Sanctions Regulations,
§ 594.201(a)(9), (10), or (11), and identified
on the SDN List will have the program tag
‘‘[SDGT]’’ and ‘‘[SHIELD–ACT].’’
■
19. Add § 594.320 to read as follows:
jspears on DSK30JT082PROD with RULES
§ 594.320
Hizballah.
The term Hizballah means:
(a) The entity known as Hizballah and
designated by the Secretary of State as
a foreign terrorist organization pursuant
to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189); or
(b) Any person:
(1) The property and interests in
property of which are blocked pursuant
to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et
seq.); and
(2) Who is identified on the Specially
Designated Nationals and Blocked
Persons List (SDN List) maintained by
OFAC as an agent, instrumentality, or
affiliate of Hizballah.
Note 1 to § 594.320: The SDN List is
accessible through the following page on
OFAC’s website: www.treasury.gov/sdn.
Additional information pertaining to the SDN
List can be found in appendix A to this
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chapter. Persons on the SDN List based on
conduct described in § 594.201(a)(8), (10),
and (11) are identified by a special reference
at the end of their entries on the SDN List—
‘‘[SHIELD–ACT]’’—in addition to the
reference to the regulatory part of this
chapter pursuant to which their property and
interests in property are blocked. For
example, a person whose property and
interests in property are blocked pursuant to
the Global Terrorism Sanctions Regulations,
§ 594.201(a)(8), (10), or (11), and identified
on the SDN List will have the program tag
‘‘[SDGT]’’ and ‘‘[SHIELD–ACT]’’. Persons on
the SDN List based on conduct described in
§ 594.201(a)(6) and (7) are identified by a
special reference at the end of their entries
on the SDN List—‘‘[HIFPAA]’’—in addition
to the reference to the regulatory part of this
chapter pursuant to which their property and
interests in property are blocked. For
example, a person whose property and
interests in property are blocked pursuant to
the Global Terrorism Sanctions Regulations,
§ 594.201(a)(6) or (7), and identified on the
SDN List will have the program tag ‘‘[SDGT]’’
and ‘‘[HIFPAA]’’.
■
20. Add § 594.321 to read as follows:
§ 594.321
Knowingly.
The term knowingly, with respect to
conduct, a circumstance, or a result,
means that a person has actual
knowledge, or should have known, of
the conduct, the circumstance, or the
result.
■ 21. Add § 594.322 to read as follows:
§ 594.322
Arms or related materiel.
The term arms or related materiel
means:
(a) Nuclear, biological, chemical, or
radiological weapons or materials or
components of such weapons;
(b) Ballistic or cruise missile weapons
or materials or components of such
weapons; or
(c) Destabilizing numbers and types of
advanced conventional weapons.
Dated: July 18, 2019.
Bradley Smith,
Deputy Director, Office of Foreign Assets
Control.
[FR Doc. 2019–15600 Filed 7–22–19; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0597]
RIN 1625–AA00
Safety Zone; NAACP Fireworks, Detroit
River, MI
AGENCY:
PO 00000
Coast Guard, DHS.
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ACTION:
35313
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 200-yard
radius of a portion of the Detroit River,
Detroit, MI. This zone is necessary to
protect spectators and vessels from
potential hazards associated with the
NAACP Fireworks.
DATES: This temporary final rule is
effective from 9:30 p.m. on July 23,
2019, through 11 p.m. on July 24, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0597 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 temporary
rule, call or email Tracy Girard,
Prevention Department, Sector Detroit,
Coast Guard; telephone 313–568–9564,
or email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Detroit
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 doing
so would be impracticable. The Coast
Guard did not receive the final details
of this fireworks display in time to
publish an NPRM. As such, it is
impracticable to publish an NPRM
because we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing the rule. Furthermore,
immediate action is needed to allow the
Coast Guard to enhance the safety of
this event.
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35314
Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations
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 inhibit the Coast
Guard’s ability to protect participants,
mariners and vessels from the hazards
associated with this event.
transit around this safety zone which
will impact a small designated area of
the Detroit River from 9:30 p.m. through
11 p.m. on July 23, 2019. Moreover, the
Coast Guard will issue Broadcast Notice
to Mariners (BNM) via VHF–FM marine
channel 16 about the zone and the rule
allows vessels to seek permission to
enter the zone.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Detroit (COTP) has
determined that potential hazard
associated with fireworks from 9:30
p.m. through 11 p.m. on July 23, 2019
will be a safety concern to anyone
within a 200-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 while the
fireworks are being displayed.
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.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9:30 p.m. through 11 p.m. on July
23, 2019. The safety zone will
encompass all U.S. navigable waters of
the Detroit River, Detroit, MI, within a
200-yard radius of position 42°19.529′
N, 083°02.436′ W (NAD 83). No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
jspears on DSK30JT082PROD with RULES
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 size, location, duration,
and time-of-year of the safety zone.
Vessel traffic will be able to safely
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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).
PO 00000
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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 one and a half hours on two
nights that will prohibit entry into a
designated area. 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
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23JYR1
Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations
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
Dated: July 17, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
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:
[FR Doc. 2019–15624 Filed 7–22–19; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[EPA–HQ–ORD–2018–0280; FRL–9996–48–
ORD]
1. The authority citation for part 165
continues to read as follows:
RIN 2080–AA13
■
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.T09–0597 to read as
follows:
■
(a) Location. A safety zone is
established to include all U.S. navigable
waters of the Detroit River, Detroit, MI,
within a 200-yard radius of position
42°19.529′ N, 083°02.436′ W (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) will be
enforced from 9:30 p.m. until 11 p.m. on
July 23, 2019. In the case of inclement
weather on July 23, 2019, this safety
zone will be enforced from 9:30 p.m. to
11 p.m. on July 24, 2019.
(c) Regulations. (1) No vessel or
person may enter, transit through, or
anchor within the safety zone unless
authorized by the Captain of the Port
Detroit (COTP), or his or her on-scene
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or his or her onscene representative.
(3) The ‘‘on-scene representative’’ of
COTP is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the Captain of the Port Detroit
to act on his or her behalf.
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BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 26
Protection of Human Research
Subjects
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On January 19, 2017, the
Environmental Protection Agency
(EPA), acting in concert with other
agencies, promulgated revisions to the
‘‘Common Rule.’’ EPA’s codification of
these revisions is in 40 CFR part 26,
subpart A. These revisions went into
effect on July 19, 2018, and compliance
with the new provisions was required
beginning on January 21, 2019. In
addition to the core protections found in
the Common Rule, EPA has
promulgated regulations that are
specific to research involving human
subjects conducted or sponsored by EPA
or submitted to EPA for regulatory
purposes. The revisions to the Common
Rule create discrepancies within some
of these EPA-specific regulations. This
final rule harmonizes the EPA-specific
regulations with revisions to the
Common Rule in order to resolve those
discrepancies.
DATES: This rule is effective on
September 23, 2019.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–ORD–2018–0280, is
available at https://www.regulations.gov
or at the OPP Docket in the
Environmental Protection Agency
Docket Center (EPA/DC), located in the
SUMMARY:
§ 165.T09–0597 Safety Zone; NAACP
Fireworks, Detroit, MI.
jspears on DSK30JT082PROD with RULES
(4) Vessel operators shall contact the
COTP or his or her on-scene
representative to obtain permission to
enter or operate within the safety zone.
The COTP or his or her on-scene
representative may be contacted via
VHF Channel 16 or at (313) 568–9464.
Vessel operators given permission to
enter or operate in the regulated area
must comply with all directions given to
them by the COTP or his or her on-scene
representative.
PO 00000
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35315
EPA WJC West Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20004. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Tom
Sinks, Director, Office of Science
Advisor, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460 (Mail Code:
8105R); telephone number: 202–564–
3099; email address: sinks.tom@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public
in general. This action may, however, be
of particular interest to those who
conduct human research on substances
regulated by EPA. Since other entities
may also be interested, the Agency has
not attempted to describe all the specific
entities that may be affected by this
action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. What action is the Agency taking?
The Agency is finalizing the
amendments to its human studies rules
as proposed in December 2018 (83 FR
62760) (FRL–9987–01–ORD). These
amendments include the following:
• Revisions to regulatory citation
references in subparts C and D;
• Harmonization, where appropriate,
of language in subpart K with revisions
in subpart A due to revisions to the
Common Rule, 82 FR 7149 (January 19,
2017); and
• Correction of a typographical error
in subpart M.
C. What is the Agency’s authority for
taking this action?
These amendments are authorized
under the following legal authorities.
The amendments to subparts C and D,
which relate to research conducted or
sponsored by EPA are authorized
pursuant to 5 U.S.C. 301. The
amendments to subparts K and M,
which govern third-party research
involving intentional human exposure
to pesticides or to other substances
where such research is used for
purposes of pesticide decision-making
are authorized under sections 3(a) and
E:\FR\FM\23JYR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35313-35315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15624]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0597]
RIN 1625-AA00
Safety Zone; NAACP Fireworks, Detroit River, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 200-yard radius of a portion of the Detroit
River, Detroit, MI. This zone is necessary to protect spectators and
vessels from potential hazards associated with the NAACP Fireworks.
DATES: This temporary final rule is effective from 9:30 p.m. on July
23, 2019, through 11 p.m. on July 24, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0597 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
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone 313-568-9564, or email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Detroit
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. The
Coast Guard did not receive the final details of this fireworks display
in time to publish an NPRM. As such, it is impracticable to publish an
NPRM because we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule.
Furthermore, immediate action is needed to allow the Coast Guard to
enhance the safety of this event.
[[Page 35314]]
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 inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Detroit (COTP) has determined that
potential hazard associated with fireworks from 9:30 p.m. through 11
p.m. on July 23, 2019 will be a safety concern to anyone within a 200-
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 while the fireworks are being displayed.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:30 p.m. through 11 p.m.
on July 23, 2019. The safety zone will encompass all U.S. navigable
waters of the Detroit River, Detroit, MI, within a 200-yard radius of
position 42[deg]19.529' N, 083[deg]02.436' W (NAD 83). No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Detroit River from 9:30 p.m.
through 11 p.m. on July 23, 2019. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners (BNM) 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 above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting one and a half
hours on two nights that will prohibit entry into a designated area. 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
[[Page 35315]]
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.T09-0597 to read as follows:
Sec. 165.T09-0597 Safety Zone; NAACP Fireworks, Detroit, MI.
(a) Location. A safety zone is established to include all U.S.
navigable waters of the Detroit River, Detroit, MI, within a 200-yard
radius of position 42[deg]19.529' N, 083[deg]02.436' W (NAD 83).
(b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 9:30 p.m. until 11 p.m. on July 23, 2019. In
the case of inclement weather on July 23, 2019, this safety zone will
be enforced from 9:30 p.m. to 11 p.m. on July 24, 2019.
(c) Regulations. (1) No vessel or person may enter, transit
through, or anchor within the safety zone unless authorized by the
Captain of the Port Detroit (COTP), or his or her on-scene
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or his or her on-scene representative.
(3) The ``on-scene representative'' of COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the Captain of the
Port Detroit to act on his or her behalf.
(4) Vessel operators shall contact the COTP or his or her on-scene
representative to obtain permission to enter or operate within the
safety zone. The COTP or his or her on-scene representative may be
contacted via VHF Channel 16 or at (313) 568-9464. Vessel operators
given permission to enter or operate in the regulated area must comply
with all directions given to them by the COTP or his or her on-scene
representative.
Dated: July 17, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-15624 Filed 7-22-19; 8:45 am]
BILLING CODE 9110-04-P
