Temporary Safety Zone; M/V Highland Eagle Operating in the Straits of Mackinac, MI, 49460-49462 [2019-20400]
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Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations
(2) Review and approve or disapprove
requests for TC benefits in accordance
with the exceptional eligibility authority
in accordance with 10 U.S.C. 1059. This
responsibility may not be delegated.
(3) Ensure dependents who are
victims of a dependent-abuse offense are
aware of their eligibility to apply for TC.
(4) Establish departmental guidance to
implement this part.
khammond on DSKJM1Z7X2PROD with RULES
§ 111.6
Procedures.
(a) Recipients of payment. The
Secretary concerned makes TC
payments to Service member
dependents, former dependents, or
court-appointed guardians as described
by 10 U.S.C. 1059. If a recipient is
incapable of handling his or her own
affairs, payments may be made only to
a court-appointed guardian.
(b) Payments. (1) Payments begin in
accordance with 10 U.S.C. 1059.
(2) Payments must continue for at
least 12 months and no more than 36
months, as prescribed by the Secretary
concerned. When the unserved portion
of the Service member’s obligated active
duty service, as of the starting date of
payment, is greater than 12 months and
less than or equal to 36 months,
payments continue for no less than the
unserved portion.
(i) For enlisted Service members,
obligated active duty service is the time
remaining on their terms of enlistment.
(ii) For officers, obligated active duty
service is indefinite unless an officer
has a date of separation established. In
that case, it is the time remaining until
the date of separation.
(3) The amount of payment will be in
accordance with 10 U.S.C. 1059. Partial
month entitlements are pro-rated. If a
recipient dies, arrears of payments are
not paid.
(4) Payments will be stopped in
accordance with 10 U.S.C. 1059.
(i) Payments will end on the first day
of the first month following the month
in which the Secretary concerned
notifies the recipient of such
transitional compensation in writing
that the payment of TC will stop.
(ii) Recipients are not required to
repay amounts of TC received before the
effective date payment is stopped, in
accordance with paragraph (b)(4)(i) of
this section; however, TC may be
recouped for erroneous payments or
payments made based on false
information provided.
(c) Forfeiture provisions. In addition
to 10 U.S.C. 1059, the following
requirements apply:
(1) The former spouse receiving TC
must notify the Defense Finance and
Accounting Services (DFAS) within 30
days of remarriage or if the spouse or
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15:59 Sep 19, 2019
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former spouse begins residing in the
same household as the spouse or former
spouse.
(2) If a Service member’s dependent
child is not living in the same
household as the spouse or former
spouse who forfeits TC, payments are
made to each dependent child or his or
her court-appointed guardian.
(3) In order to continue benefits, the
spouse or former spouse must annually
certify to DFAS that he or she is not
remarried and is not cohabitating with
the Service member separated for the
abuse. DFAS will provide a form for
recertification of benefits.
(d) Coordination of benefits. A spouse
or former spouse may not concurrently
receive TC payments and retired pay
payments pursuant to 10 U.S.C. 1059
and 1408(h), respectively. If a spouse or
former spouse is eligible for both TC
payments and retired pay payments, the
spouse or former spouse chooses which
of the two payments to receive. If the
spouse or former spouse receives TC
payments and later receives payments
from a Service member’s retired pay,
any TC received concurrently with
retired pay must be recouped.
(e) Source of funds. TC must be paid
from operations and maintenance funds
of the Department of the Service
member.
(f) Application of procedures. An
individual must initiate a request for TC
through a Service-appointed
representative. The Service-appointed
representative:
(1) Collects data and validates the
claim using DD Form 2698 (available at
https://www.esd.whs.mil/Portals/54/
Documents/DD/forms/dd/dd2698.pdf).
(2) Approves payment and forwards
the application to DFAS unless
otherwise submitted by the Secretary
concerned in accordance with 10 U.S.C.
1059.
(g) Commissary and exchange
benefits. (1) A recipient of TC is entitled
to use commissary and exchange stores
while receiving payments.
(2) If a recipient entitled to use
commissary and exchange stores is also
entitled to use commissary and
exchange stores under another provision
of law, the entitlement is determined
under the other provision of law and not
paragraph (g)(1).
(h) Medical benefits. (1) The Secretary
concerned will determine appropriate
medical and dental care eligibility for
TC recipients and affected dependents.
At a minimum, an abused dependent
who is receiving TC in accordance with
paragraph (a) of this section may receive
medical and dental care, including
mental health services, in facilities of
the Uniformed Services or through the
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TRICARE program as outlined in 10
U.S.C. 1076, 1077, and 1079.
(2) Dental care may be provided on a
space-available basis in facilities of the
Military Services.
(3) Eligible dependents of a Service
member who is retirement eligible, but
who loses eligibility for retirement pay
because of dependent-abuse
misconduct, may receive medical and
dental care in accordance with 10 U.S.C.
1408(h).
Dated: September 12, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2019–20075 Filed 9–19–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0792]
RIN 1625–AA00
Temporary Safety Zone; M/V Highland
Eagle Operating in the Straits of
Mackinac, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 500-yard
radius of the Motor Vessel (M/V)
HIGHLAND EAGLE while conducting
geotechnical sampling operations in the
Straits of Mackinac. The safety zone is
needed to protect persons, vessels, and
the marine environment from potential
hazards created by geotechnical
sampling operations in the Straits of
Mackinac. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port (COTP) Sault Sainte Marie.
DATES: This rule is effective from
October 1, 2019, through November 30,
2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0792 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 Lieutenant Sean Murphy, Chief,
Waterways Management Division, U.S.
Coast Guard; telephone 906–635–3223,
email ssmprevention@uscg.mil.
SUMMARY:
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Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
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.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard did not receive the final
details of the requested safety zone with
sufficient time for a comment period
before the start of the event. The final
details of the specific dates and safety
zone distances concerning the safety
zone around the M/V HIGHLAND
EAGLE were not finalized within a
sufficient time to allow for notice and a
subsequent 30-day comment period
before the commencement of
geotechnical sampling operations.
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
public from the potential hazards
associated with geotechnical sampling.
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
would be contrary to the rule’s
objectives of protecting safety of life on
the navigable waters in the vicinity of
the geotechnical sampling.
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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 COTP
Sault Sainte Marie has determined that
potential hazards associated with
ongoing geotechnical sampling starting
October 1, 2019, will be a safety concern
for anyone upon the navigable waters of
the U.S. within a 500-yard radius of the
Motor Vessel (M/V) HIGHLAND EAGLE
while conducting geotechnical sampling
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15:59 Sep 19, 2019
Jkt 247001
operations in the Straits of Mackinac.
The COTP Sault Sainte Marie
previously issued a rule for geotechnical
sampling under the same authority, 33
CFR 165.T09–0493, (84 FR 28743, June
20, 2019). That rule is effective through
30 September 2019. This rule is needed
to protect persons, vessels, and the
marine environment from potential
hazards created by geotechnical
sampling operations in the Straits of
Mackinac through November 30, 2019
IV. Discussion of the Rule
This rule establishes a safety zone
from October 1, 2019 through November
30, 2019 for navigable waters within a
500-yard radius of the M/V HIGHLAND
EAGLE while conducting geotechnical
sampling operations in the Straits of
Mackinac. The duration of the zone is
intended to protect personnel and
vessels in these navigable waters while
the M/V HIGHLAND EAGLE conducts
geotechnical sampling operations. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP Sault Sainte
Marie or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone, which impacts
a relatively small portion of the Straits
of Mackinac and related waterway.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
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49461
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
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Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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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 500yard safety zone around a vessel
conducting technical operations. Vessel
traffic will be able to safely transit
around this safety zone, which impacts
a relatively small portion of the Straits
of Mackinac and related waterway.
It is categorically excluded from
further review under paragraph L60a in
Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
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15:59 Sep 19, 2019
Jkt 247001
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
Dated: September 17, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
List of Subjects in 33 CFR Part 165
BILLING CODE 9110–04–P
INFORMATION CONTACT
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.T9–0792 to read as
follows:
[FR Doc. 2019–20400 Filed 9–19–19; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–HQ–OAR–2019–0452; FRL–9999–85–
OAR]
Findings of Failure To Submit State
Implementation Plans Required for
Attainment of the 2010 1-Hour Primary
Sulfur Dioxide (SO2) National Ambient
Air Quality Standard (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
■
§ 165.T9–0792 Temporary Safety Zone; M/
V Highland Eagle operating in the Straits of
Mackinac, MI.
(a) Location. The following area is a
safety zone: All navigable waters within
500 yards of Motor Vessel (M/V)
Highland Eagle while conducting
geotechnical sampling in the Straits of
Mackinac.
(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 zone.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
temporary safety zone is prohibited
unless authorized by the Captain of the
Port, Sault Sainte Marie or designated
representative.
(2) Before a vessel operator may enter
or operate within the safety zone, the
operator must obtain permission from
the Captain of the Port, Sault Sainte
Marie, or designated representative via
VHF Channel 16 or telephone at (906)
635–3233. Vessel operators given
permission to enter or operate in the
safety zone must comply with all orders
given to them by the Captain of the Port,
Sault Sainte Marie or designated
representative.
(d) Enforcement period. This section
will be enforced from October 1, 2019
through November 30, 2019.
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Sfmt 4700
The Environmental Protection
Agency (EPA) is taking final action to
find that two states (Maryland and
Michigan) failed to submit State
Implementation Plans (SIPs) to satisfy
certain nonattainment area planning
requirements of the Clean Air Act (CAA)
for the 2010 1-hour primary Sulfur
Dioxide (SO2) National Ambient Air
Quality Standard (NAAQS). The
purpose for the development and
implementation of nonattainment area
SIPs is to provide for attainment of the
NAAQS as expeditiously as practicable
following the designation of an area as
nonattainment. This action establishes
certain CAA deadlines for the EPA to
impose sanctions if a state does not
submit a complete SIP addressing the
outstanding requirements and for the
EPA to promulgate a Federal
Implementation Plan (FIP) to address
any outstanding SIP requirements.
DATES: This action is effective on
October 21, 2019.
FOR FURTHER INFORMATION CONTACT:
General questions concerning this
document should be addressed to Dr.
Larry D. Wallace, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, Mail Code: C539–01,
109 T.W. Alexander Drive, Research
Triangle Park, NC 27709; by telephone
(919) 541–0906; or by email at
Wallace.larry@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. General Information
A. Notice and Comment Under the
Administrative Procedure Act (APA)
Section 553 of the APA, 5 U.S.C.
553(b)(3)(B), provides that, when an
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]]>Agencies
[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Rules and Regulations]
[Pages 49460-49462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20400]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0792]
RIN 1625-AA00
Temporary Safety Zone; M/V Highland Eagle Operating in the
Straits of Mackinac, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 500-yard radius of the Motor Vessel (M/V)
HIGHLAND EAGLE while conducting geotechnical sampling operations in the
Straits of Mackinac. The safety zone is needed to protect persons,
vessels, and the marine environment from potential hazards created by
geotechnical sampling operations in the Straits of Mackinac. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) Sault Sainte Marie.
DATES: This rule is effective from October 1, 2019, through November
30, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0792 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 Lieutenant Sean Murphy, Chief, Waterways Management
Division, U.S. Coast Guard; telephone 906-635-3223, email
[email protected].
[[Page 49461]]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive the
final details of the requested safety zone with sufficient time for a
comment period before the start of the event. The final details of the
specific dates and safety zone distances concerning the safety zone
around the M/V HIGHLAND EAGLE were not finalized within a sufficient
time to allow for notice and a subsequent 30-day comment period before
the commencement of geotechnical sampling operations. 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 public from the potential hazards
associated with geotechnical sampling.
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 would
be contrary to the rule's objectives of protecting safety of life on
the navigable waters in the vicinity of the geotechnical sampling.
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 COTP Sault Sainte Marie has
determined that potential hazards associated with ongoing geotechnical
sampling starting October 1, 2019, will be a safety concern for anyone
upon the navigable waters of the U.S. within a 500-yard radius of the
Motor Vessel (M/V) HIGHLAND EAGLE while conducting geotechnical
sampling operations in the Straits of Mackinac. The COTP Sault Sainte
Marie previously issued a rule for geotechnical sampling under the same
authority, 33 CFR 165.T09-0493, (84 FR 28743, June 20, 2019). That rule
is effective through 30 September 2019. This rule is needed to protect
persons, vessels, and the marine environment from potential hazards
created by geotechnical sampling operations in the Straits of Mackinac
through November 30, 2019
IV. Discussion of the Rule
This rule establishes a safety zone from October 1, 2019 through
November 30, 2019 for navigable waters within a 500-yard radius of the
M/V HIGHLAND EAGLE while conducting geotechnical sampling operations in
the Straits of Mackinac. The duration of the zone is intended to
protect personnel and vessels in these navigable waters while the M/V
HIGHLAND EAGLE conducts geotechnical sampling operations. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP Sault Sainte Marie or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone, which impacts a relatively
small portion of the Straits of Mackinac and related waterway.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
[[Page 49462]]
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a 500-yard safety zone around a vessel
conducting technical operations. Vessel traffic will be able to safely
transit around this safety zone, which impacts a relatively small
portion of the Straits of Mackinac and related waterway.
It is categorically excluded from further review under paragraph
L60a in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures 5090.1. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T9-0792 to read as follows:
Sec. 165.T9-0792 Temporary Safety Zone; M/V Highland Eagle operating
in the Straits of Mackinac, MI.
(a) Location. The following area is a safety zone: All navigable
waters within 500 yards of Motor Vessel (M/V) Highland Eagle while
conducting geotechnical sampling in the Straits of Mackinac.
(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 zone.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this
temporary safety zone is prohibited unless authorized by the Captain of
the Port, Sault Sainte Marie or designated representative.
(2) Before a vessel operator may enter or operate within the safety
zone, the operator must obtain permission from the Captain of the Port,
Sault Sainte Marie, or designated representative via VHF Channel 16 or
telephone at (906) 635-3233. Vessel operators given permission to enter
or operate in the safety zone must comply with all orders given to them
by the Captain of the Port, Sault Sainte Marie or designated
representative.
(d) Enforcement period. This section will be enforced from October
1, 2019 through November 30, 2019.
Dated: September 17, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-20400 Filed 9-19-19; 8:45 am]
BILLING CODE 9110-04-P
