Safety Zone; St. Norbert College Fireworks, Fox River, De Pere, WI, 38871-38873 [2019-16960]
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Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
33 CFR Part 165
Coast Guard
[Docket Number USCG–2019–0672]
1. The authority citation for part 165
continues to read as follows:
■
RIN 1625–AA00
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Safety Zone; St. Norbert College
Fireworks, Fox River, De Pere, WI
ACTION:
2. Add § 165.T09–0670 to read as
follows:
Coast Guard, DHS.
Temporary final rule.
AGENCY:
■
jbell on DSK3GLQ082PROD with RULES
(a) Location. All navigable waters of
the Manitowoc River and Manitowoc
Harbor of Lake Michigan in Manitowoc,
WI within 500 feet of a vessel used to
launch fireworks at coordinates
44°05′31″ N, 087°39′07″ W.
(b) Enforcement period. This rule will
be enforced from 8:30 p.m. through 10
p.m. on August 16, 2019.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 165.23 of this part, entry into,
transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Sector Lake Michigan (COTP) or a
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the COTP
to act on his or her behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or an on-scene
representative to obtain permission to
do so. The COTP 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 COTP or
an on-scene representative.
Dated: August 2, 2019.
L.M. Lusk,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Lake Michigan.
[FR Doc. 2019–16958 Filed 8–7–19; 8:45 am]
BILLING CODE 9110–04–P
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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 this fireworks display in
sufficient time to publish an NPRM.
Delaying the effective date of this rule
to wait for a commend period to run
would be both impracticable and
contrary to the public interest because it
would inhibit the Coast Guard’s ability
to protect the public, mariners, vessels,
and property from the hazards
associated with this event which is
scheduled on 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 impracticable and
contrary to public interest because
waiting for an NPRM and final
publication would inhibit the Coast
Guard’s ability to protect spectators and
vessels from the potential safety hazards
associated with a fireworks display.
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of the Fox
River in De Pere, WI for the St. Norbert
College Fireworks event. This temporary
safety zone is necessary to protect
spectators, mariners, vessels, and
property from potential hazards
associated with a fireworks display.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Lake Michigan.
DATES: This rule is effective from 7:30
p.m. through 9 p.m. on August 25, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0672 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 Chief Petty Officer Kyle Weitzell,
Sector Lake Michigan Waterways
Management Division, U.S. Coast
Guard; telephone 414–747–7148, email
Kyle.W.Weitzell@uscg.mil.
SUPPLEMENTARY INFORMATION:
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Lake Michigan has
determined that potential hazards
associated with the St. Norbert College
Fireworks display on August 25, 2019,
will be a safety concern for anyone
within a 500-foot radius of a vessel used
to launch fireworks in the Fox River in
De Pere, WI at coordinates 44°26′55″ N,
088°03′50″ W. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone during the
fireworks display.
I. Table of Abbreviations
IV. Discussion of the Rule
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
This rule establishes a safety zone
from 7:30 p.m. through 9 p.m. on
August 25, 2019 for the waters of the
Fox River in De Pere, WI at coordinates
44°26′55″ N, 088°03′50″ W. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters from falling embers and
fireworks debris during the St. Norbert
College Fireworks display. The duration
of the zone is intended to ensure the
safety of vessels and these navigable
waters before, during, and after the
fireworks display. Entry into, transiting,
or anchoring within the safety zone is
prohibited unless authorized by the
COTP or a designated on-scene
representative. The COTP or a
SUMMARY:
§ 165.T09–0670 Safety Zone; Balloon Glow
Fireworks, Manitowoc River, Manitowoc, WI.
38871
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
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III. Legal Authority and Need for Rule
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38872
Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Rules and Regulations
designated on-scene representative may
be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 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 characteristics of the
safety zone. The safety zone created by
this rule will be relatively small and is
designed to minimize its impact on
navigable waters. This rule will prohibit
entry into certain navigable waters in
the Fox River, Du Pere, WI not to exceed
one and one half hour in duration.
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
Lake Michigan.
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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
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15:42 Aug 07, 2019
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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 call or email 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 call
or email the person listed in the FOR
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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
establishment of a safety zone. It is
categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A
Record of Environmental Consideration
supporting this determination will be
available in the docket where indicated
under ADDRESSES once it is completed.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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;
E:\FR\FM\08AUR1.SGM
08AUR1
Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Rules and Regulations
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0672 to read as
follows:
■
§ 165.T09–0672 Safety Zone; St. Norbert
College Fireworks, Fox River, De Pere, WI.
(a) Location. All navigable waters of
the Fox River in De Pere, WI within 500
feet of a vessel used to launch fireworks
at coordinates 44°26′55″ N, 088°03′50″
W.
(b) Enforcement Period. The regulated
area described in paragraph (a) will be
enforced from 7:30 p.m. through 9 p.m.
on August 25, 2019.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Lake Michigan
(COTP) or a designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the COTP
to act on his or her behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or an on-scene
representative to obtain permission to
do so. The COTP 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 COTP or
an on-scene representative.
Dated: August 2, 2019.
L.M. Lusk,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Lake Michigan.
[FR Doc. 2019–16960 Filed 8–7–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
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[COE–2017–0006]
Little Creek Harbor, Fisherman’s Cove,
Joint Expeditionary Base Little CreekFort Story, Little Creek, Virginia,
Restricted Areas
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
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The Corps of Engineers is
establishing restricted areas in the
waters of Fisherman’s Cove and Little
Creek Harbor at Joint Expeditionary
Base Little Creek-Fort Story, Little Creek
(JEBLCFS) in Virginia Beach, Virginia.
JEBLCFS is the homeport of numerous
ships, small boats, and special
operational units. The restricted areas
are necessary to better protect vessels
and personnel assigned to JEBLCFS by
implementing a waterside security
program. The regulation establishes the
restricted areas in waters within the
boundary of the existing installation and
in the entry channel into the harbor.
DATES: Effective September 9, 2019.
ADDRESSES: U.S. Army Corps of
Engineers, Attn: CECW–CO (David
Olson), 441 G Street NW, Washington,
DC 20314–1000.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922, or
Ms. Nicole Woodward, Corps of
Engineers, Norfolk District, Regulatory
Branch, at 757–201–7122.
SUPPLEMENTARY INFORMATION: The
proposed rule was published in the May
23, 2018, edition of the Federal Register
(83 FR 23867) and the regulations.gov
docket number was COE–2017–0006. In
response to the proposed rule, two
comments were received.
One commenter stated that additional
clarification was needed regarding the
coordinates for the proposed restricted
areas because as written it is unclear
what the intended extent of the areas
should be. The Navy provided corrected
coordinates and modified the rule text
to address the charting concerns.
Another commenter questioned the
need for the additional restrictions to
enhance security within the waterway,
and the commenter expressed concerns
regarding the enforceability of the
proposed restrictions, as well as what
impacts they would have on local
businesses, property values, and
navigational access. The proposed rule
would have provided greater restrictions
within Little Creek Harbor, including
requiring all vessels transiting inbound/
outbound of the Outer Harbor to notify
the Little Creek Port Control of their
destination and intentions using VHF–
FM channel 12 at all times. In response
to these comments, the restrictions were
modified to allow for all privately
owned vessels, properly registered and
bearing identification in accordance
with Federal and/or State laws and
regulations, and all Government owned
vessels (public vessels), to enter or exit
the restricted area at any time at a speed
commensurate with minimum wake,
SUMMARY:
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38873
except for when the Commanding
Officer, JEBLCFS, is ordered to
implement Force Protection Condition
(FPCON) Charlie/Delta, or when specific
authority is granted by the District
Engineer, at which time vessel traffic
movement within the Outer Harbor may
be restricted temporarily. This rule will
not prevent the public from entering the
areas at all times; it will merely restrict
the amount of time during which
individuals may enter and stay within
those areas, particularly during periods
of increased threats. In order to improve
the safety of military assets, as well as
to the public, the rule also requires
vessels entering those areas to provide
additional notification and be given
permission to enter the area. The
regulation does not grant the Navy
additional legal authority beyond their
current authorities; however, it allows
them to use additional resources to
enforce the waterway, such as the U.S.
Coast Guard and Virginia Marine
Resource Commission acting within
their own authorities to police the
waterway. If conditions warrant
elevating restrictions within the Outer
Harbor Restricted Area due to
implementation of FPCON Charlie/Delta
or when specifically authorized by the
District Engineer, then JEBLCFS will
coordinate with the U.S. Coast Guard to
allow vessel entry into the restricted
area upon request. Vessels will still be
able to transit the waterway to access
the businesses and private properties
located upstream of the restricted area;
therefore, the impacts on businesses and
property values are anticipated to be
minimal.
Due to the location of JEBLFC, which
is located south of a narrow inlet off of
the Chesapeake Bay, alternatives to the
location of a restricted area within the
waterway near the entrance to the water
based side of the installation are
limited. This regulation establishes a
restricted area within the Outer Harbor
which will be enacted on a temporary
basis during periods of heighted threat
conditions. Reducing the speeds of
vessels within the waterway allows the
Navy to better assess vessels as they
approach through the narrow opening to
the Inner Harbor. The Navy will be
better able to determine whether the
vessels are a threat intending to
approach the installation or if they will
make the 90-degree turn west toward
the commercial and private facilities
within Fisherman’s Cove. Full-time
restrictions on the Inner Harbor
Restricted Area will allow the Navy to
assess the safety of all vessels that
approach in close vicinity of
Government owned vessels and
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]]>Agencies
[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Rules and Regulations]
[Pages 38871-38873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16960]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0672]
RIN 1625-AA00
Safety Zone; St. Norbert College Fireworks, Fox River, De Pere,
WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Fox River in De Pere, WI for the St.
Norbert College Fireworks event. This temporary safety zone is
necessary to protect spectators, mariners, vessels, and property from
potential hazards associated with a fireworks display. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Lake Michigan.
DATES: This rule is effective from 7:30 p.m. through 9 p.m. on August
25, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0672 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 Chief Petty Officer Kyle Weitzell, Sector Lake Michigan
Waterways Management Division, U.S. Coast Guard; telephone 414-747-
7148, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive the
final details of this fireworks display in sufficient time to publish
an NPRM. Delaying the effective date of this rule to wait for a commend
period to run would be both impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
the public, mariners, vessels, and property from the hazards associated
with this event which is scheduled on 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 impracticable and contrary to public interest
because waiting for an NPRM and final publication would inhibit the
Coast Guard's ability to protect spectators and vessels from the
potential safety hazards associated with a fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Lake
Michigan has determined that potential hazards associated with the St.
Norbert College Fireworks display on August 25, 2019, will be a safety
concern for anyone within a 500-foot radius of a vessel used to launch
fireworks in the Fox River in De Pere, WI at coordinates 44[deg]26'55''
N, 088[deg]03'50'' W. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 p.m. through 9 p.m.
on August 25, 2019 for the waters of the Fox River in De Pere, WI at
coordinates 44[deg]26'55'' N, 088[deg]03'50'' W. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters from falling embers and fireworks
debris during the St. Norbert College Fireworks display. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the fireworks display. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the COTP or a designated on-scene representative.
The COTP or a
[[Page 38872]]
designated on-scene representative may be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 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
characteristics of the safety zone. The safety zone created by this
rule will be relatively small and is designed to minimize its impact on
navigable waters. This rule will prohibit entry into certain navigable
waters in the Fox River, Du Pere, WI not to exceed one and one half
hour in duration. 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 Lake Michigan.
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
call or email 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 call or email 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 establishment of a safety zone. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures. A Record of Environmental Consideration supporting this
determination will be available in the docket where indicated under
ADDRESSES once it is completed.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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;
[[Page 38873]]
Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0672 to read as follows:
Sec. 165.T09-0672 Safety Zone; St. Norbert College Fireworks, Fox
River, De Pere, WI.
(a) Location. All navigable waters of the Fox River in De Pere, WI
within 500 feet of a vessel used to launch fireworks at coordinates
44[deg]26'55'' N, 088[deg]03'50'' W.
(b) Enforcement Period. The regulated area described in paragraph
(a) will be enforced from 7:30 p.m. through 9 p.m. on August 25, 2019.
(c) Regulations. (1) In accordance with the general regulations in
section Sec. 165.23, entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the Captain of the Port
Lake Michigan (COTP) or a designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated on-scene representative.
(3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
COTP to act on his or her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or an on-scene representative to obtain
permission to do so. The COTP 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 COTP or an on-scene representative.
Dated: August 2, 2019.
L.M. Lusk,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Lake
Michigan.
[FR Doc. 2019-16960 Filed 8-7-19; 8:45 am]
BILLING CODE 9110-04-P
