Safety Zone; Les Cheneaux Islands, Cedarville, MI, 46885-46887 [2019-19256]
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Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and U.S. Coast Guard
Environmental Planning Policy,
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 5 hours and 40 minutes that
prevents entry to a 210-foot radius area
of Lake Tahoe in Incline Village. It is
categorically excluded from further
review under paragraph L60(a) in Table
3–1 of Department of Homeland
Security Directive 023–01. 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.T11–993 to read as
follows:
■
jspears on DSK3GMQ082PROD with RULES
§ 165.T11–993 Safety Zone; Incline Village
Wedding Fireworks Display, Crystal Bay,
Incline Village, NV.
(a) Location. The following area is a
safety zone: All navigable waters of
Crystal Bay, from surface to bottom,
within a circle formed by connecting all
points 100 feet out from the fireworks
barge during the loading and staging at
the Incline Village boat ramp in Incline
Village, as well as during transit and
VerDate Sep<11>2014
15:45 Sep 05, 2019
Jkt 247001
arrival to the display location in Incline
Village, NV. Between 8:30 p.m. on
September 8, 2019 and 9:40 p.m. on
September 8, 2019, the safety zone will
expand to all navigable waters, from
surface to bottom, within a circle
formed by connecting all points 210 feet
out from the fireworks barge in
approximate position 39°14′00″ N, 119°
56′56″ W (NAD 83).
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel or a
Federal, State, or local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart B of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to enter
the safety zone on VHF–23A or through
the 24-hour Command Center at
telephone (415) 399–3547.
(d) Enforcement period. This section
will be enforced from 4 p.m. on
September 8, 2019 through 9:40 p.m. on
September 8, 2019.
(e) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which this zone will be
enforced in accordance with § 165.7.
Dated: August 28, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2019–19252 Filed 9–5–19; 8:45 am]
BILLING CODE 9110–04–P
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46885
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0755]
RIN 1625–AA00
Safety Zone; Les Cheneaux Islands,
Cedarville, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zones for
navigable waters within 50 yards of
certain swim routes of a marine event in
the Les Cheneaux Islands, in Cedarville,
MI. The safety zones are needed to
protect event participants from risks
associated with the boating public near
highly trafficked areas of the waterway.
Entry of vessels or persons into these
zones is prohibited unless specifically
authorized by the Captain of the Port
Sault Sainte Marie or his representative.
DATES: This rule is effective from 7:00
a.m. to 3:00 p.m. on September 8, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0755 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 LT Sean Murphy, Waterways
Management, Sector Sault Sainte Marie
U.S. Coast Guard; telephone 906–635–
3223, email Sean.V.Murphy@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
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.
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06SER1
46886
Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
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
final details of the specific marine event
and safety zone distance were not
finalized within a sufficient time to
allow for notice and a subsequent
comment period before the
commencement of the planned marine
event. Delaying this rule to allow for a
notice and comment period would be
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect the
swimmers participating in this swim
event.
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 swimmers
participating in this event on September
8, 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 Port Sault Sainte Marie
(COTP) has determined that potential
hazards associated with swimmers
swimming between the Les Cheneaux
Islands in a swim event will be a safety
concern for anyone within 50 yards of
certain swim routes through highly
trafficked areas of the Les Cheneaux
Islands. This rule is needed to protect
event participants and support vessels
during the event.
jspears on DSK3GMQ082PROD with RULES
IV. Discussion of the Rule
This rule establishes safety zones
from 7:00 a.m. until 3:00 p.m. on
September 8, 2019. The duration of the
zone is intended to protect event
participants, support vessels, and the
general boating public in these
navigable waters during the marine
event. No vessel or person will be
permitted to enter the safety zones
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
VerDate Sep<11>2014
15:45 Sep 05, 2019
Jkt 247001
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, duration, and
location of the safety zones. Vessel
traffic may request permission to transit
the zone from the designated
representative of the Captain of the Port,
who may allow the vessel cross the
Safety Zone when there is no risk to the
event participants. The field of
swimmers will not spread across the
entirety of the waterway; thus, there
will be opportunity for a designated
representative of the Captain of the Port
to allow vessels to transit the zones.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow 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 call or email the
PO 00000
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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
E:\FR\FM\06SER1.SGM
06SER1
Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Rules and Regulations
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 safety
zones that will prohibit entry within 50
yards of certain swim courses between
the Les Cheneaux Islands. 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. 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 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:
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
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.T09–0755 to read as
follows:
jspears on DSK3GMQ082PROD with RULES
■
(a) Location. The following area is a
safety zone: All navigable waters within
50 yards of a line drawn between the
Jkt 247001
State Implementation Plan (SIP)
submissions from Iowa Department of
Natural Resources (IDNR) and Nebraska
Department of Environmental Quality
(NDEQ) for the 2012 Annual Fine
Particulate Matter (PM2.5) National
Ambient Air Quality Standard
(NAAQS). The Clean Air Act (CAA)
requires that each state adopt and
submit a SIP that provides for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by the EPA, commonly
referred to as ‘‘infrastructure’’ SIPs. In
this action the EPA is taking final action
to approve the interstate transportation
obligations of the State’s 2012 PM2.5
NAAQS infrastructure SIP submittals.
DATES: This final rule is effective on
October 7, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0332. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Lachala Kemp, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7214,
email address kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
40 CFR Part 52
Table of Contents
[EPA–R07–OAR–2019–0332; FRL–9998–89–
Region 7]
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP submission been met?
III. The EPA’s Response to Comments
IV. What action is the EPA taking?
V. Statutory and Executive Order Reviews
Approval of Iowa and Nebraska Air
Quality Implementation Plans;
Infrastructure SIP Requirements for
the 2012 Annual Fine Particulate Matter
(PM2.5) National Ambient Air Quality
Standard Interstate Transport
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
§ 165.T09–0755 Safety Zones; Les
Cheneaux Islands, Cedarville, MI.
15:45 Sep 05, 2019
Dated: August 30, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2019–19256 Filed 9–5–19; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
following coordinates, based on NAD
83:
(1) 45° 58.481′ N, 084° 17.546′ W to
45°58.535′ N, 084° 18.102′ W.
(2) 45° 58.158′ N, 084° 18.319′ W to
45° 58.157′ N, 084° 18.595′ W.
(3) 45° 59.468′ N, 084° 19.826′ W to
45° 58.973′ N, 084° 19.807′ W.
(4) 45° 58.445′ N, 084° 21.792′ W to
45° 58.301′ N, 084° 22.003′ W.
(5) 45° 58.535′ N, 084° 22.480′ W to
45° 58.732′ N, 084° 22.591′ W to 45°
59.001′ N, 084° 22.914′ W to 45° 59.044′
N, 084° 22.792′ W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sault Sainte Marie (COTP) in
the enforcement of the safety zones.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter, hail
the COTP’s representative on an
appropriate VHF channel. Those in the
safety zone must comply with all lawful
orders or directions given to them by the
COTP or the COTP’s designated
representative.
(d) Enforcement period. This section
will be enforced from 7:00 a.m. to 3:00
p.m. on September 8, 2019.
46887
The Environmental Protection
Agency (EPA) is approving elements of
SUMMARY:
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I. What is being addressed in this
document?
This final rulemaking approves
certain elements of the infrastructure
SIP submissions from Iowa received on
December 22, 2015, and from Nebraska
received on February 22, 2016.
Specifically, the EPA is approving the
following elements of section
E:\FR\FM\06SER1.SGM
06SER1
]]>Agencies
[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Rules and Regulations]
[Pages 46885-46887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19256]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0755]
RIN 1625-AA00
Safety Zone; Les Cheneaux Islands, Cedarville, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary safety zones for
navigable waters within 50 yards of certain swim routes of a marine
event in the Les Cheneaux Islands, in Cedarville, MI. The safety zones
are needed to protect event participants from risks associated with the
boating public near highly trafficked areas of the waterway. Entry of
vessels or persons into these zones is prohibited unless specifically
authorized by the Captain of the Port Sault Sainte Marie or his
representative.
DATES: This rule is effective from 7:00 a.m. to 3:00 p.m. on September
8, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0755 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 LT Sean Murphy, Waterways Management, Sector Sault Sainte
Marie U.S. Coast Guard; telephone 906-635-3223, 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.
[[Page 46886]]
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 final details of the specific marine event and safety
zone distance were not finalized within a sufficient time to allow for
notice and a subsequent comment period before the commencement of the
planned marine event. Delaying this rule to allow for a notice and
comment period would be impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
the swimmers participating in this swim event.
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 swimmers participating in this event on September
8, 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 Port Sault Sainte
Marie (COTP) has determined that potential hazards associated with
swimmers swimming between the Les Cheneaux Islands in a swim event will
be a safety concern for anyone within 50 yards of certain swim routes
through highly trafficked areas of the Les Cheneaux Islands. This rule
is needed to protect event participants and support vessels during the
event.
IV. Discussion of the Rule
This rule establishes safety zones from 7:00 a.m. until 3:00 p.m.
on September 8, 2019. The duration of the zone is intended to protect
event participants, support vessels, and the general boating public in
these navigable waters during the marine event. No vessel or person
will be permitted to enter the safety zones 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,
duration, and location of the safety zones. Vessel traffic may request
permission to transit the zone from the designated representative of
the Captain of the Port, who may allow the vessel cross the Safety Zone
when there is no risk to the event participants. The field of swimmers
will not spread across the entirety of the waterway; thus, there will
be opportunity for a designated representative of the Captain of the
Port to allow vessels to transit the zones. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow 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
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
[[Page 46887]]
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 safety zones that will prohibit entry
within 50 yards of certain swim courses between the Les Cheneaux
Islands. 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. 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 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; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0755 to read as follows:
Sec. 165.T09-0755 Safety Zones; Les Cheneaux Islands, Cedarville,
MI.
(a) Location. The following area is a safety zone: All navigable
waters within 50 yards of a line drawn between the following
coordinates, based on NAD 83:
(1) 45[deg] 58.481' N, 084[deg] 17.546' W to 45[deg]58.535' N,
084[deg] 18.102' W.
(2) 45[deg] 58.158' N, 084[deg] 18.319' W to 45[deg] 58.157' N,
084[deg] 18.595' W.
(3) 45[deg] 59.468' N, 084[deg] 19.826' W to 45[deg] 58.973' N,
084[deg] 19.807' W.
(4) 45[deg] 58.445' N, 084[deg] 21.792' W to 45[deg] 58.301' N,
084[deg] 22.003' W.
(5) 45[deg] 58.535' N, 084[deg] 22.480' W to 45[deg] 58.732' N,
084[deg] 22.591' W to 45[deg] 59.001' N, 084[deg] 22.914' W to 45[deg]
59.044' N, 084[deg] 22.792' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sault Sainte Marie (COTP) in the enforcement of the
safety zones.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, hail the COTP's representative on
an appropriate VHF channel. Those in the safety zone must comply with
all lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(d) Enforcement period. This section will be enforced from 7:00
a.m. to 3:00 p.m. on September 8, 2019.
Dated: August 30, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-19256 Filed 9-5-19; 8:45 am]
BILLING CODE 9110-04-P
