Temporary Safety Zone; M/V Highland Eagle Operating in the Straits of Mackinac, MI, 49460-49462 [2019-20400]

Download as PDF 49460 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 VerDate Sep<11>2014 15:59 Sep 19, 2019 Jkt 247001 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 http://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 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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: E:\FR\FM\20SER1.SGM 20SER1 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. khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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 E:\FR\FM\20SER1.SGM 20SER1 49462 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. khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 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. PO 00000 Frm 00028 Fmt 4700 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 E:\FR\FM\20SER1.SGM 20SER1

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]


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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