Safety Zone, R/V POLARCUS ALIMA, Cook Inlet, Homer, Alaska, 47123-47125 [2019-19548]
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Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Rules and Regulations
§ 515.570
Remittances.
(a) * * *
(1) The remitter’s total remittances
pursuant to paragraph (a) of this section
to any one Cuban national do not
exceed $1,000 in any consecutive threemonth period;
*
*
*
*
*
(3) The recipient is not a prohibited
official of the Government of Cuba, as
defined in § 515.337, a prohibited
member of the Cuban Communist Party,
as defined in § 515.338, a close relative,
as defined in § 515.339, of a prohibited
official of the Government of Cuba, or a
close relative of a prohibited member of
the Cuban Communist Party; and
*
*
*
*
*
(f) Certain remittances from blocked
sources authorized. Provided the
recipient is not a prohibited official of
the Government of Cuba, as defined in
§ 515.337, a prohibited member of the
Cuban Communist Party, as defined in
§ 515.338, a close relative, as defined in
§ 515.339, of a prohibited official of the
Government of Cuba, or a close relative
of a prohibited member of the Cuban
Communist Party, certain remittances
from blocked sources are authorized as
follows:
*
*
*
*
*
(g) * * *
(3) To support the development of
private businesses, and operation of
economic activity in the non-state sector
by self-employed individuals, as
defined in § 515.340.
*
*
*
*
*
5. Amend § 515.584 as follows:
a. Revise paragraph (d); and
■ b. In the second sentence of paragraph
(e), remove the text ‘‘paragraph (d) of
this section, § 515.562(b),’’ and add the
text ‘‘§ 515.562(b)’’ in its place.
The revision reads as follows:
■
■
§ 515.584 Certain financial transactions
involving Cuba.
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*
*
*
*
*
(d) Funds transfers. Any banking
institution, as defined in § 515.314, that
is a person subject to U.S. jurisdiction
is authorized to reject funds transfers
originating and terminating outside the
United States, provided that neither the
originator nor the beneficiary is a person
subject to U.S. jurisdiction.
*
*
*
*
*
Dated: September 4, 2019.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2019–19411 Filed 9–6–19; 8:45 am]
BILLING CODE 4810–AL–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0774]
RIN 1625–AA00
Safety Zone, R/V POLARCUS ALIMA,
Cook Inlet, Homer, Alaska
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 100-yard
radius surrounding the research vessel
POLARCUS ALIMA. The safety zone is
needed to protect the vessel and
members of the public anticipated to
exercise their First Amendment right to
protest the vessel’s activity. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Western Alaska.
DATES: This rule is effective from
September 9, 2019 through September
11, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0774 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 about this rule, call
or email Commander Justin Jacobs,
Chief of Prevention, Sector Anchorage,
U.S. Coast Guard: telephone 907–428–
4149, email Justin.W.Jacobs@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Western Alaska
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
On September 3, 2019, Hillcorp
Alaska, LLC, notified the Coast Guard
Sector Anchorage that it would be
conducting seismic testing in Cook
Inlet, near Kachemak Bay, via the
research vessel POLARCUS ALIMNA
from September 9–11, 2019. Hillcorp
also informed the Coast Guard that it
anticipates public protest activity
around the vessel.
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The Coast Guard is issuing this 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. Notice and comment procedures
are impractical in this situation because
there is not enough time for those
procedures before the planned vessel
movement, and because immediate
action is needed to respond to the
potential safety hazards associated with
the arrival and departure of the research
vessel POLARCUS ALIMA. It is
impracticable to publish an NPRM
because we must establish this safety
zone by September 9, 2019, and the
Coast Guard was informed of the vessel
movement on September 3, 2019. For
the same reasons, the Coast Guard is
making this rule effective less than
thirty days after publication. Normally,
the Administrative Procedure Act (APA)
(5 U.S.C. 553(d)) requires an agency to
publish a rule at least thirty days before
the effective date of the rule. However,
the agency is not required to delay the
effective date if the agency finds good
cause for doing so (5 U.S.C. 553(d)(3)).
For this rule, the Coast Guard finds good
cause to not delaying the effective date
of this rule. Delaying the effective date
of this rule is impracticable because the
rule must be in place in time for the
planned vessel movement on September
9, 2019, and the Coast Guard was
informed about the vessel movement on
September 3, 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 Western Alaska
(COTP) has determined that potential
safety hazards associated with the
activity of the research vessel
POLARCUS ALIMA in Cook Inlet, near
Kachemak Bay, starting September 9,
2019, through September 11, 2019, will
be a safety concern for anyone within a
100-yard radius of the vessel while at
the pier and underway. This rule is
needed to protect the vessel, public, and
the marine environment within the
safety zone while the vessel transits the
area.
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Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Rules and Regulations
IV. Discussion of the Rule
The COTP establishes a safety zone
from September 9, 2019 through
September 11, 2019. The safety zone
will cover all navigable waters within
100 yards of the research vessel
POLARCUS ALIMA while in the COTP
zone. The duration of the zone is
intended to protect the vessel, public,
and the marine environment within the
safety zone while the vessel is transiting
the area. 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 the
First Amendment right of protestors.
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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 timing of the safety zone. Vessel
traffic would be able to safely transit
around the safety zone, which would
impact a small roving area in Cook Inlet
for 3 days. Moreover, the Coast Guard
will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the safety zone and location of
the research vessel POLARCUS ALIMA,
and the rule would allow vessels to seek
permission to enter or transit through
the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
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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.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this 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
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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 a safety
zone lasting only 3 days that would
prohibit entry within 100 yards of the
vessel while it is in the COTP 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.
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
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, 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;
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Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Rules and Regulations
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T17–0774 to read as
follows:
■
§ 165.T17–0774 Safety Zone, R/V
POLARCUS ALIMA, Cook Inlet, Homer, AK.
(a) Regulated area. The following area
is specified as a safety zone: All
navigable waters within 100 yards of the
research vessel POLARCUS ALIMA
while in the Captain of the Port Zone for
Western Alaska from September 9, 2019,
through September 11, 2019.
(b) Regulations. In accordance with
the general regulations in this part, the
safety zone shall be closed to all persons
and vessels unless authorized by the
Captain of the Port.
(c) Authorization. All persons or
vessels who desire to enter the
designated safety zone created in this
section while it is enforced must obtain
permission from the on-scene patrol
craft on VHF Ch 9.
(d) Enforcement period. This section
will be enforced from September 9,
2019, through September 11, 2019.
Dated: September 5, 2019.
Sean C. MacKenzie,
Captain of the Port Western Alaska, U.S.
Coast Guard.
[FR Doc. 2019–19548 Filed 9–6–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0070; FRL–9998–57]
C10-C16 Alkylbenzene Sulfonates;
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of C10-C16
branched and linear alkylbenzene
sulfonates, including benzenesulfonic
acid, dodecyl (CAS Reg, No. 27176–87–
0) and benzenesulfonic acid, dodecyl-,
sodium salt (CAS Reg. No. 25155–30–0),
when used as an active or inert
ingredient in antimicrobial pesticide
formulations applied to food-contact
surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils at a
maximum concentration not to exceed
700 parts per million (ppm). Exponent,
Inc., on behalf of Ecolab, Inc., submitted
a petition to EPA under the Federal
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SUMMARY:
VerDate Sep<11>2014
15:58 Sep 06, 2019
Jkt 247001
Food, Drug, and Cosmetic Act (FFDCA),
requesting establishment of an
exemption from the requirement of a
tolerance.
DATES: This regulation is effective
September 9, 2019. Objections and
requests for hearings must be received
on or before November 8, 2019 and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0070, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. 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:
Anita Pease, Antimicrobials Division
(7510P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 308–6411; email address:
ADFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111),
e.g., agricultural workers; greenhouse,
nursery, and floriculture workers;
farmers.
• Animal production (NAICS code
112), e.g., cattle ranchers and farmers,
dairy cattle farmers, livestock farmers.
• Food manufacturing (NAICS code
311), e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
code 32532), e.g., agricultural workers;
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47125
commercial applicators; farmers;
greenhouse, nursery, and floriculture
workers; residential users.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://www.ecfr.
gov/cgi-bin/text-idx?&c=ecfr&tpl=/
ecfrbrowse/Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0070 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
August 4, 2019. Addresses for mail and
hand delivery of objections and hearing
requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2018–0070, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
E:\FR\FM\09SER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Rules and Regulations]
[Pages 47123-47125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19548]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0774]
RIN 1625-AA00
Safety Zone, R/V POLARCUS ALIMA, Cook Inlet, Homer, Alaska
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 100-yard radius surrounding the research
vessel POLARCUS ALIMA. The safety zone is needed to protect the vessel
and members of the public anticipated to exercise their First Amendment
right to protest the vessel's activity. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Western Alaska.
DATES: This rule is effective from September 9, 2019 through September
11, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0774 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 about this rule,
call or email Commander Justin Jacobs, Chief of Prevention, Sector
Anchorage, U.S. Coast Guard: telephone 907-428-4149, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Western Alaska
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
On September 3, 2019, Hillcorp Alaska, LLC, notified the Coast
Guard Sector Anchorage that it would be conducting seismic testing in
Cook Inlet, near Kachemak Bay, via the research vessel POLARCUS ALIMNA
from September 9-11, 2019. Hillcorp also informed the Coast Guard that
it anticipates public protest activity around the vessel.
The Coast Guard is issuing this 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. Notice and comment procedures are
impractical in this situation because there is not enough time for
those procedures before the planned vessel movement, and because
immediate action is needed to respond to the potential safety hazards
associated with the arrival and departure of the research vessel
POLARCUS ALIMA. It is impracticable to publish an NPRM because we must
establish this safety zone by September 9, 2019, and the Coast Guard
was informed of the vessel movement on September 3, 2019. For the same
reasons, the Coast Guard is making this rule effective less than thirty
days after publication. Normally, the Administrative Procedure Act
(APA) (5 U.S.C. 553(d)) requires an agency to publish a rule at least
thirty days before the effective date of the rule. However, the agency
is not required to delay the effective date if the agency finds good
cause for doing so (5 U.S.C. 553(d)(3)). For this rule, the Coast Guard
finds good cause to not delaying the effective date of this rule.
Delaying the effective date of this rule is impracticable because the
rule must be in place in time for the planned vessel movement on
September 9, 2019, and the Coast Guard was informed about the vessel
movement on September 3, 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 Western
Alaska (COTP) has determined that potential safety hazards associated
with the activity of the research vessel POLARCUS ALIMA in Cook Inlet,
near Kachemak Bay, starting September 9, 2019, through September 11,
2019, will be a safety concern for anyone within a 100-yard radius of
the vessel while at the pier and underway. This rule is needed to
protect the vessel, public, and the marine environment within the
safety zone while the vessel transits the area.
[[Page 47124]]
IV. Discussion of the Rule
The COTP establishes a safety zone from September 9, 2019 through
September 11, 2019. The safety zone will cover all navigable waters
within 100 yards of the research vessel POLARCUS ALIMA while in the
COTP zone. The duration of the zone is intended to protect the vessel,
public, and the marine environment within the safety zone while the
vessel is transiting the area. 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 the First Amendment right 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 timing of the safety zone. Vessel traffic would
be able to safely transit around the safety zone, which would impact a
small roving area in Cook Inlet for 3 days. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the safety zone and location of the research vessel POLARCUS
ALIMA, and the rule would allow vessels to seek permission to enter or
transit through the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this 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 a safety zone lasting only 3 days that
would prohibit entry within 100 yards of the vessel while it is in the
COTP 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.
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
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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 47125]]
Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T17-0774 to read as follows:
Sec. 165.T17-0774 Safety Zone, R/V POLARCUS ALIMA, Cook Inlet, Homer,
AK.
(a) Regulated area. The following area is specified as a safety
zone: All navigable waters within 100 yards of the research vessel
POLARCUS ALIMA while in the Captain of the Port Zone for Western Alaska
from September 9, 2019, through September 11, 2019.
(b) Regulations. In accordance with the general regulations in this
part, the safety zone shall be closed to all persons and vessels unless
authorized by the Captain of the Port.
(c) Authorization. All persons or vessels who desire to enter the
designated safety zone created in this section while it is enforced
must obtain permission from the on-scene patrol craft on VHF Ch 9.
(d) Enforcement period. This section will be enforced from
September 9, 2019, through September 11, 2019.
Dated: September 5, 2019.
Sean C. MacKenzie,
Captain of the Port Western Alaska, U.S. Coast Guard.
[FR Doc. 2019-19548 Filed 9-6-19; 8:45 am]
BILLING CODE 9110-04-P
