Safety Zone; Steve Hemberger Wedding Fireworks, Bay Harbor, MI, 55285-55287 [2022-19387]
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
consistent with security considerations
and requirements).
(f) The Heads of the DoD Components
shall:
(1) Ensure that all private securityrelated requirement documents are in
compliance with the procedures listed
in § 159.6 and the guidance and
procedures issued by the CCMD of the
applicable geographic AOR.
(2) Ensure private security-related
solicitations and contracts contain the
appropriate clauses in accordance with
the applicable FAR and DFARS clauses
and include additional mission-specific
requirements as appropriate.
(3) In coordination with the
appropriate requiring activity (or
activities), ensure the head of the
contracting activity responsible for each
covered contract takes appropriate steps
to assign sufficient oversight personnel
to the contract to verify that the
contractor responsible for performing
private security functions complies with
the requirements of this part. This
includes ensuring that the contracting
officer coordinates with the requiring
activity to nominate and appoint a
qualified contracting officer’s
representative (COR) or other multiple
or alternate CORs, in accordance with
DoD Instruction 5000.72, ‘‘DoD
Standard for Contracting Officer’s
Representative (COR) Certification’’
(available at https://www.esd.whs.mil/
Portals/54/Documents/DD/issuances/
dodi/500072p.pdf).
■ 7. Amend § 159.6 by:
■ a. Revising paragraph (a) introductory
text.
■ b. In paragraph (a)(1)(i), removing ‘‘,
‘‘Contractor Personnel Authorized to
Accompany the U.S. Armed Forces.’’ ’’
and adding a period in its place.
■ c. In paragraph (a)(1)(iii) introductory
text:
■ i. Removing ‘‘geographic Combatant
Commander’’ and adding in its place
‘‘CCDR of the geographic AOR’’
wherever it appears.
■ ii. Removing ‘‘of this part’’.
■ d. In paragraph (a)(1)(iii)(C):
■ i. Removing ‘‘ ‘‘Guidance for
Determining Workforce Mix,’’ ’’ and
adding in its place ‘‘ ‘‘Policy and
Procedures for Determining Workforce
Mix,’’ ’’.
■ ii. Redesignating footnote 12 as
footnote 1.
■ e. In paragraph (a)(1)(iii)(F)(1),
redesignating footnote 13 as footnote 2.
■ f. In paragraph (a)(1)(iv), adding ‘‘PSC
personnel, weapons,’’ before ‘‘armored
vehicles’’.
■ g. In paragraph (a)(1)(v)(F), removing
‘‘TASER guns’’ and adding in its place
‘‘disruption devices’’.
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h. In paragraph (a)(1)(viii), removing
‘‘commander of a combatant command
may request’’ and adding in its place
‘‘CCDR may, through the contracting
officer, request’’.
■ i. In paragraph (a)(1)(x), removing
‘‘paragraph (a)(2)(ii)’’ and adding in its
place ‘‘paragraph (a)(2)(iii)’’.
■ j. In paragraph (a)(2)(i), removing ‘‘,
‘‘Contractor Personnel Authorized to
Accompany the U.S. Armed Forces.’’ ’’
and adding a period in its place.
■ k. Redesignating paragraphs (a)(2)(ii)
through (iv) as paragraphs (a)(2)(iii)
through (v) and adding new paragraph
(a)(2)(ii).
■ l. Further redesignating newly
redesignated paragraph (a)(2)(v) as
paragraph (a)(2)(vi) and adding new
paragraph (a)(2)(v).
■ m. In newly redesignated paragraph
(a)(2)(vi), removing ‘‘Chief of Mission’’
and adding in its place ‘‘COM’’.
■ n. Removing paragraph (b) and
redesignating paragraphs (c) and (d) as
paragraphs (b) and (c).
■ o. In newly redesignated paragraph
(b):
■ i. Revising the paragraph heading.
■ ii. Removing ‘‘Chief of Mission’’ and
‘‘combatant command’’ and adding in
their places ‘‘COM’’ and ‘‘CCDR’’,
respectively.
■ p. In newly redesignated paragraph
(c):
■ i. Revising the paragraph heading.
■ ii. Removing ‘‘Chief of Mission’’ and
‘‘geographic Combatant Commander/sub
unified commander’’ and adding in
their places ‘‘COM’’ and ‘‘CCDR with
geographic AOR/sub unified
commander’’, respectively.
The revisions and additions read as
follows:
■
§ 159.6
Frm 00045
Fmt 4700
www.esd.whs.mil/Portals/54/
Documents/DD/issuances/dodm/5200
08rm.pdf); CJCS Instruction 3121.01B,,
and DoD Directive 5210.56. The
guidance and procedures shall:
*
*
*
*
*
(2) * * *
(ii) Assessing compliance with DoD
approved business and operational
standards for private security functions.
*
*
*
*
*
(v) Requirements for the PSC to
cooperate with any investigation
conducted by the DoD, including by
providing access to its employees and
relevant information in its possession
regarding the matter(s) under
investigation.
*
*
*
*
*
(b) Subordinate guidance and
procedures. * * *
(c) Consultation and coordination.
* * *
Dated: August 29, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2022–18992 Filed 9–8–22; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0671]
RIN 1625–AA00
Safety Zone; Steve Hemberger
Wedding Fireworks, Bay Harbor, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
Procedures.
(a) Standing Combatant Command
(CCMD) guidance and procedures. Each
CCDR with a geographic AOR shall
develop and publish guidance and
procedures for PSCs and PSC personnel
operating during contingency
operations, humanitarian or peace
operations, or other military operations
or exercises within their AOR,
consistent with applicable law; this
part; applicable Military Department
publications; and other applicable DoD
issuances including DoD Directive
3020.49, DoD Instruction 1100.22,
‘‘Policy and Procedures for Determining
Workforce Mix,’’ FAR, DFARS, DoD
Instruction 3020.41, DoD Directive
2311.01E, ‘‘DoD Law of War Program’’
(available at https://www.esd.whs.mil/
Portals/54/Documents/DD/issuances/
dodd/231101p.pdf?ver=2020-07-02143157-007); DoD 5200.08–R, ‘‘Physical
Security Program’’ (available at https://
PO 00000
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Sfmt 4700
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 500-foot
radius of a fireworks display in Bay
Harbor, MI. The safety zone is needed
to protect personnel, vessels, and the
marine environment from potential
hazards created by repair work on the
bridge. 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 11
p.m. on October 1, 2022 through 12 a.m.
on October 2, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0671 in the search box and click
‘‘Search.’’ Next, in the Document Type
SUMMARY:
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
column, select ‘‘Supporting & Related
Material.’’
the navigable waters within the safety
zone during the fireworks display.
FOR FURTHER INFORMATION CONTACT:
If
you have questions on this rule, call or
email LT. Deaven Palenzuela, U.S. Coast
Guard Sector Sault Sainte Marie
Waterways Management, U.S. Coast
Guard; telephone 906–635–3223, email
ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
IV. Discussion of the Rule
I. Table of Abbreviations
This rule establishes a safety zone
from 11 p.m. on October 1, 2022 until
12 a.m. on October 2, 2022. The safety
zone will cover all navigable waters
within 500-feet of a fireworks display
center in position 45°21′58.80″ N
85°01′54.38″ W in Bay Harbor, MI. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the bridge is being
repaired. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
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
V. Regulatory Analyses
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. The Coast
Guard did not receive sufficient notice
of this event to undergo notice and
comment and this safety zone must be
established by October 1, 2022 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 ensure that
the potential safety hazards associated
with the fireworks display are
effectively mitigated.
jspears on DSK121TN23PROD 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
Captain of the Port Sault Sainte Marie
(COTP) has determined that potential
hazards associated with a fireworks
display on October 1, 2022 will be a
safety concern for anyone within a 500foot radius of the navigable waters
surrounding the fireworks launch site.
This rule is needed to protect personnel,
vessels, and the marine environment in
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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.
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).
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 Bay
Harbor. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
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Fmt 4700
Sfmt 4700
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
E:\FR\FM\09SER1.SGM
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
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 only 1 hour that will
prohibit entry within a 500-foot radius
of a fireworks display center in position
45°21′58.80″ N 85°01′54.38″ W in Bay
Harbor, MI. 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.
jspears on DSK121TN23PROD with RULES
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:
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PART 165— REGULATED
NAVIGATION AREAS AND LIMITED
ACCESS AREAS
DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 165
continues to read as follows:
RIN 2900–AR57
■
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. 00170.1, Revision No. 01.3.
2. Add § 165.T09–0671 to read as
follows:
■
§ 165.T09–0671 Safety Zone; Steve
Hemberger Wedding Fireworks, Bay Harbor,
MI.
(a) Location. The following area is a
safety zone: All navigable water within
500-feet of the fireworks launching
location in position 45°21′58.80″ N
85°01′54.38″ 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 11 p.m. on
October 1, 2022 until 12 a.m. on October
2, 2022.
Dated: September 1, 2022.
A.R. Jones,
Captain of the Port Sault Sainte Marie.
[FR Doc. 2022–19387 Filed 9–8–22; 8:45 am]
BILLING CODE 9110–04–P
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55287
38 CFR Part 17
Reproductive Health Services
Department of Veterans Affairs.
Interim final rule with request
for comments.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) amends its medical
regulations to remove the exclusion on
abortion counseling and establish
exceptions to the exclusion on abortions
in the medical benefits package for
veterans who receive care set forth in
that package, and to remove the
exclusion on abortion counseling and
expand the exceptions to the exclusion
on abortions for Civilian Health and
Medical Program of the Department of
Veterans Affairs (CHAMPVA)
beneficiaries.
DATES:
Effective date: This interim final rule
is September 9, 2022.
Comment date: Comments must be
received on or before October 11, 2022.
ADDRESSES: Comments may be
submitted through www.regulations.gov.
Except as provided below, comments
received before the close of the
comment period will be available at
www.regulations.gov for public viewing,
inspection, or copying, including any
personally identifiable or confidential
business information that is included in
a comment. We post the comments
received before the close of the
comment period on the following
website as soon as possible after they
have been received: https://
www.regulations.gov. VA will not post
on Regulations.gov public comments
that make threats to individuals or
institutions or suggest that the
individual will take actions to harm the
individual. VA encourages individuals
not to submit duplicative comments. We
will post acceptable comments from
multiple unique commenters even if the
content is identical or nearly identical
to other comments.
FOR FURTHER INFORMATION CONTACT: Dr.
Shereef Elnahal, Under Secretary for
Health, Department of Veterans Affairs,
810 Vermont Avenue NW, Washington,
DC 20420, (202) 461–7671.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
A. Brief Summary of this Interim Final
Rule
On June 24, 2022, the Supreme Court
in Dobbs v. Jackson Women’s Health
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]]>Agencies
[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Rules and Regulations]
[Pages 55285-55287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19387]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0671]
RIN 1625-AA00
Safety Zone; Steve Hemberger Wedding Fireworks, Bay Harbor, 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-foot radius of a fireworks display in Bay
Harbor, MI. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by repair
work on the bridge. 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 11 p.m. on October 1, 2022 through
12 a.m. on October 2, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0671 in the search box and click ``Search.'' Next, in the Document
Type
[[Page 55286]]
column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT. Deaven Palenzuela, 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. The
Coast Guard did not receive sufficient notice of this event to undergo
notice and comment and this safety zone must be established by October
1, 2022 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 ensure
that the potential safety hazards associated with the fireworks display
are effectively mitigated.
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 October 1, 2022 will be a safety concern for
anyone within a 500-foot radius of the navigable waters surrounding the
fireworks launch site. 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 11 p.m. on October 1, 2022
until 12 a.m. on October 2, 2022. The safety zone will cover all
navigable waters within 500-feet of a fireworks display center in
position 45[deg]21'58.80'' N 85[deg]01'54.38'' W in Bay Harbor, MI. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the bridge is being
repaired. 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. 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).
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 Bay Harbor. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the zone, and the rule would allow vessels to seek permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes,
[[Page 55287]]
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 only 1 hour that will prohibit entry within a 500-
foot radius of a fireworks display center in position 45[deg]21'58.80''
N 85[deg]01'54.38'' W in Bay Harbor, MI. 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.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0671 to read as follows:
Sec. 165.T09-0671 Safety Zone; Steve Hemberger Wedding Fireworks, Bay
Harbor, MI.
(a) Location. The following area is a safety zone: All navigable
water within 500-feet of the fireworks launching location in position
45[deg]21'58.80'' N 85[deg]01'54.38'' 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 11 p.m.
on October 1, 2022 until 12 a.m. on October 2, 2022.
Dated: September 1, 2022.
A.R. Jones,
Captain of the Port Sault Sainte Marie.
[FR Doc. 2022-19387 Filed 9-8-22; 8:45 am]
BILLING CODE 9110-04-P
