Safety Zone; Fischer Wedding Fireworks Lake Charlevoix, Boyne City, MI, 38791-38793 [2020-14025]
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38791
Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations
Exemption
2007 Base
Minimum Payment ...................................................................................................................................................
Large Franchise Investment ....................................................................................................................................
Large franchisee ......................................................................................................................................................
Because the calculation of these
thresholds is purely ministerial in
nature and implements the Rule’s
mandatory adjustment mechanism,
these adjustments are exempt from the
rulemaking procedures specified in
section 18 of the FTC Act.10 In addition,
the Commission has determined that
notice and comment are unnecessary
under the Administrative Procedure Act
(‘‘APA’’) for the same reason. The
Commission, therefore, has omitted
notice and comment for good cause as
provided by section 553(b)(B) of the
APA.11 For this reason, the
requirements of the Regulatory
Flexibility Act also do not apply.12
Accordingly, the adjusted thresholds
will take effect on July 1, 2020.
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a ‘‘major
rule,’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 16 CFR Part 436
Advertising, Business and industry,
Franchising, Trade practices.
For the reasons set out in the
preamble, the Federal Trade
Commission amends 16 CFR part 436 as
follows:
PART 436—DISCLOSURE
REQUIREMENTS AND PROHIBITIONS
CONCERNING FRANCHISING
1. The authority citation for part 436
continues to read as follows:
■
Authority: 15 U.S.C. 41–58.
§ 436.8
[Amended]
2. Amend § 436.8 as follows:
a. In paragraph (a)(1), remove ‘‘$570’’
and, in its place, add ‘‘$615’’;
■ b. In paragraph (a)(5)(i), remove both
references to ‘‘$1,143,000’’ and, in their
place, add ‘‘$1,233,000’’; and
jbell on DSKJLSW7X2PROD with RULES
■
■
9 The Commission has rounded this figure from
$616.50 to $615 to facilitate compliance and for
clarity.
10 See 15 U.S.C. 57a(d)(2)(B); 16 CFR 1.15(b)
(providing that non-substantive amendments to
trade regulation rules are exempt from the
rulemaking procedures of Section 18 of the FTC
Act).
11 5 U.S.C. 553(b)(B) (providing that ‘‘good cause’’
exists to forego notice and comment when public
comment is unnecessary).
12 5 U.S.C. 603 and 604 (no regulatory flexibility
analyses required where the APA does not require
public comment).
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17:30 Jun 26, 2020
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c. In paragraph (a)(5)(ii), remove
‘‘$5,715,500’’ and, in its place, add
‘‘$6,165,000’’.
■
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2020–12617 Filed 6–26–20; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2020–0260]
Special Local Regulation; Dutch Shoe
Marathon; San Diego, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Dutch Shoe Marathon special local
regulation on the waters of San Diego
Bay, California on July 17, 2020. These
special local regulations are necessary to
provide for the safety of the
participants, crew, spectators, sponsor
vessels, and general users of the
waterway. During the enforcement
period, persons and vessels are
prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area unless authorized by the
Captain of the Port, or his designated
representative.
SUMMARY:
The regulations in 33 CFR
100.1101 will be enforced for the Dutch
Shoe Marathon regulated area listed in
item 4 in Table 1 to § 100.1101 from
noon to 4 p.m. on July 17, 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Lieutenant
Briana Biagas, Waterways Management,
U.S. Coast Guard Sector San Diego, CA;
telephone (619) 278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1101 Table 1,
Item 4 of that section for the Dutch Shoe
Marathon in San Diego Bay, CA from
noon to 4 p.m. on July 17, 2020. This
action is being taken to provide for the
DATES:
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Adjusted 2020
Threshold
$500
1,000,000
5,000,000
9 $615
1,233,000
6,165,000
safety of life on navigable waterways
during this event. Our regulation for
marine events within the Eleventh Coast
Guard District, § 100.1101, specifies the
location of the regulated area for the
Dutch Shoe Marathon which
encompasses the waters of San Diego
Bay, CA, from Shelter Island to Glorietta
Bay. Under the provisions of § 100.1101,
persons and vessels are prohibited from
anchoring, blocking, loitering, or
impeding within this regulated area
unless authorized by the Captain of the
Port, or his designated representative.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard will provide the maritime
community with advance notification of
this enforcement period via the Local
Notice to Mariners, Safety Marine
Information Broadcast, and local
advertising by the event sponsor.
If the Captain of the Port Sector San
Diego or his designated representative
determines that the regulated area need
not be enforced for the full duration
stated on this document, he or she may
use a marine information broadcast or
other communications coordinated with
the event sponsor to grant general
permission to enter the regulated area.
Dated: June 9, 2020.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2020–12864 Filed 6–26–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0370]
RIN 1625–AA00
Safety Zone; Fischer Wedding
Fireworks Lake Charlevoix, Boyne
City, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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38792
Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 420-ft radius
of a fireworks display. The safety zone
is needed to protect personnel, vessels,
and the marine environment from
potential hazards associated with a
fireworks display. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sault Sainte Marie.
DATES: This rule is effective from 10
p.m. until 11:59 p.m., July 2, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0370 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Sean V. Murphy, U.S. Coast
Guard Sector Sault Sainte Marie
Waterways Management, U.S. Coast
Guard; telephone 906–635–3223, email
ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
jbell on DSKJLSW7X2PROD with RULES
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 doing
so would be impracticable. This safety
zone is needed to be established by July
2, 2020 in order to protect the public
from the dangers associated with a
fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because action is needed to establish a
safety zone in order to protect the public
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17:30 Jun 26, 2020
Jkt 250001
from the hazards associated with the
fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sault Sainte Marie
(COTP) has determined that potential
hazards associated with a fireworks
display on July 2, 2020 will be a safety
concern for anyone within a 420-foot
radius of the navigable waters
surrounding the fireworks launching
location. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone during the
fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 10 p.m. until 11:59 p.m. on July 2,
2020. The safety zone will cover all
navigable waters within 420 feet of a
fireworks display in Lake Charlevoix
near Boyne City, MI. The duration of the
zone is intended to protect personnel,
vessels, and the marine environment in
these navigable waters during the
fireworks display. 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 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 size, location, duration, and
time-of-day of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone which would
impact a small designated area of Lake
PO 00000
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Charlevoix. Moreover, the Coast Guard
would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
E:\FR\FM\29JNR1.SGM
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Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations
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.
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.
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.
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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, 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 less than 2 hours that will
prohibit entry within 420 feet of a
fireworks display in Lake Charlevoix. It
is categorically excluded from further
review under paragraph L[60(a)] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
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17:30 Jun 26, 2020
Jkt 250001
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
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:
■
2. Add § 165.T09–0370 to read as
follows:
■
§ 165.T09–0370 Fischer Wedding
Fireworks Lake Charlevoix, Boyne City, MI.
(a) Location. The following area is a
safety zone: All navigable water within
420 feet of the fireworks launching
location in position 45°16′35.80″ N,
85°06′11.00″ W (NAD 83)
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel 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 the
safety zone described in paragraph (a) is
prohibited unless authorized by the
Captain of the Port, Sault Sainte Marie
or his designated representative.
(2) Before a vessel operator may enter
or operate within the safety zone, they
must obtain permission from the
Captain of the Port, Sault Sainte Marie,
or his 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 his designated
representative.
(d) Enforcement period. This section
will be enforced from 10 p.m. through
11:59 p.m. on July 2, 2020.
PO 00000
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38793
Dated: June 24, 2020.
A.E. Florentino,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sault Sainte Marie.
[FR Doc. 2020–14025 Filed 6–26–20; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 43
[WC Docket No. 11–10 and 19–195, FCC
19–79; FRS 16815]
Establishing the Digital Opportunity
Data Collection; Modernizing the FCC
Form 477 Data Program
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection requirements
associated with the Local Telephone
Competition and Broadband Reporting,
Report and Order, FCC Form 477. This
document is consistent with the Report
and Order, which stated that the
Commission would publish a document
in the Federal Register announcing
OMB approval and the effective date of
the information collection requirements.
DATES: Paragraphs 44 through 51 of the
Report and Order, published at 84 FR
43705, August 22, 2019, are effective on
June 29, 2020.
FOR FURTHER INFORMATION CONTACT: For
additional information, contact Cathy
Williams, Cathy.Williams@fcc.gov, (202)
418–2918.
SUPPLEMENTARY INFORMATION: This
document announces that, on May 28,
2020, OMB approved the information
collection requirements contained in the
Commission’s Report and Order, FCC
19–79, published at 84 FR 43705,
August 22, 2019. The OMB Control
Numbers are 3060–0816. The
Commission publishes this document as
an announcement of the effective date of
the information collection requirements.
SUMMARY:
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on May 28,
2020, for the information collection
requirements contained in the
Commission’s rules.
No person shall be subject to any
penalty for failing to comply with a
E:\FR\FM\29JNR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Rules and Regulations]
[Pages 38791-38793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14025]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0370]
RIN 1625-AA00
Safety Zone; Fischer Wedding Fireworks Lake Charlevoix, Boyne
City, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
[[Page 38792]]
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 420-ft radius of a fireworks display. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards associated with a fireworks display.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Sault Sainte Marie.
DATES: This rule is effective from 10 p.m. until 11:59 p.m., July 2,
2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0370 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Sean V. Murphy, U.S. Coast Guard Sector Sault Sainte
Marie Waterways Management, U.S. Coast Guard; telephone 906-635-3223,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 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 doing so would be impracticable. This
safety zone is needed to be established by July 2, 2020 in order to
protect the public from the dangers associated with a fireworks
display.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because action is needed to establish
a safety zone in order to protect the public from the hazards
associated with the fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sault Sainte
Marie (COTP) has determined that potential hazards associated with a
fireworks display on July 2, 2020 will be a safety concern for anyone
within a 420-foot radius of the navigable waters surrounding the
fireworks launching location. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 10 p.m. until 11:59 p.m.
on July 2, 2020. The safety zone will cover all navigable waters within
420 feet of a fireworks display in Lake Charlevoix near Boyne City, MI.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters during the fireworks
display. 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 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 size, location,
duration, and time-of-day of the safety zone. Vessel traffic will be
able to safely transit around this safety zone which would impact a
small designated area of Lake Charlevoix. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
[[Page 38793]]
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.
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, Rev. 1, associated implementing instructions, 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 less than 2 hours that will prohibit entry within
420 feet of a fireworks display in Lake Charlevoix. It is categorically
excluded from further review under paragraph L[60(a)] of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0370 to read as follows:
Sec. 165.T09-0370 Fischer Wedding Fireworks Lake Charlevoix, Boyne
City, MI.
(a) Location. The following area is a safety zone: All navigable
water within 420 feet of the fireworks launching location in position
45[deg]16'35.80'' N, 85[deg]06'11.00'' W (NAD 83)
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel 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 the safety
zone described in paragraph (a) is prohibited unless authorized by the
Captain of the Port, Sault Sainte Marie or his designated
representative.
(2) Before a vessel operator may enter or operate within the safety
zone, they must obtain permission from the Captain of the Port, Sault
Sainte Marie, or his 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 his designated
representative.
(d) Enforcement period. This section will be enforced from 10 p.m.
through 11:59 p.m. on July 2, 2020.
Dated: June 24, 2020.
A.E. Florentino,
Commander, U.S. Coast Guard, Acting Captain of the Port Sault Sainte
Marie.
[FR Doc. 2020-14025 Filed 6-26-20; 8:45 am]
BILLING CODE 9110-04-P
