Safety Zone; Kokosing ROV Survey Operation, Straits of Mackinac, MI, 23512-23514 [2024-07079]
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Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
Procedures, paragraph 5–6.5a, which
categorically excludes from further
environmental impact review
rulemaking actions that designate or
modify classes of airspace areas,
airways, routes, and reporting points
(see 14 CFR part 71, Designation of
Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and
Reporting Points), and paragraph 5–6.5i,
which categorically excludes from
further environmental review the
establishment of new or revised air
traffic control procedures conducted at
3,000 feet or more above ground level
(AGL); procedures conducted below
3,000 feet AGL that do not cause traffic
to be routinely routed over noise
sensitive areas; modifications to
currently approved procedures
conducted below 3,000 feet AGL that do
not significantly increase noise over
noise sensitive areas; and increases in
minimum altitudes and landing
minima, and paragraph 5–6.5k, which
categorically excludes from further
environmental review the publication of
existing air traffic control procedures
that do not essentially change existing
tracks, create new tracks, change
altitude, or change concentration of
aircraft on these tracks. As such, this
action is not expected to result in any
potentially significant environmental
impacts. In accordance with FAA Order
1050.1F, paragraph 5–2 regarding
Extraordinary Circumstances, the FAA
has reviewed this action for factors and
circumstances in which a normally
categorically excluded action may have
a significant environmental impact
requiring further analysis. Accordingly,
the FAA has determined that no
extraordinary circumstances exist that
warrant preparation of an
environmental assessment or
environmental impact study.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
■
Paragraph 4000. Class C Airspace.
*
*
*
*
*
ASO PR C San Juan, PR [Amended]
Luis Munoz Marin International Airport, PR
(Lat. 18°26′22″ N, long. 066°00′08″ W)
That airspace extending upward from the
surface to and including 4,000 feet MSL
within a 5-mile radius of the Luis Munoz
Marin International Airport beginning at lat.
18°30′24″ N, long. 066°03′16″ W, clockwise
to lat. 18°26′41″ N, long. 066°05′23″ W,
thence east to lat. 18°26′42″ N, long
066°03′34″ W, thence north to the beginning
point; and that airspace extending upward
from 2,800 feet MSL to 4,000 feet MSL within
a 10-mile radius of the Luis Munoz Marin
International Airport from the 129° bearing
from the airport clockwise to the 189° bearing
from the airport; and that airspace extending
upward from 1,700 feet MSL to 4,000 feet
MSL within a 10-mile radius of the airport
from the 189° bearing from the airport
clockwise to the 229° bearing from the
airport; and that airspace extending upward
from 1,200 feet MSL to 4,000 feet MSL within
a 10-mile radius of the airport from the 229°
bearing from the airport clockwise to the 129°
bearing from the airport.
*
*
*
*
*
Issued in Washington, DC, on March 29,
2024.
Frank Lias,
Manager, Rules and Regulations Group.
[FR Doc. 2024–07086 Filed 4–3–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
List of Subjects in 14 CFR Part 71
ddrumheller on DSK120RN23PROD with RULES1
§ 71.1
Airspace, Incorporation by reference,
Navigation (air).
33 CFR Part 165
The Amendment
RIN 1625–AA00
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
Safety Zone; Kokosing ROV Survey
Operation, Straits of Mackinac, MI
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
ACTION:
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
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[Docket Number USCG–2024–0204]
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 500-yard
radius of Tug Nancy Anne, Tug
Champion, Tug General, Tug WM Boyd,
Tug Shirley Ann and crew boat Timmy
V. The safety zone is needed to protect
the remotely operated vehicle survey
operations from other vessels. Entry of
SUMMARY:
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vessels into this zone is prohibited
unless specifically authorized by the
Captain of the Port Northern Great
Lakes.
This rule is effective without
actual notice from April 4, 2024 through
May 15, 2024. For the purposes of
enforcement, actual notice will be used
from April 1, 2024 until April 4, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0204 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions about this
rulemaking, call or email LT Rebecca
Simpson, telephone 906–635–3223,
email ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
ROV Remotely Operated Vehicle
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
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.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable to publish an NPRM
because we must establish this safety
zone by April 1, 2024.
Also, 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. This rule is needed to protect
the vessels and personnel involved in
the ROV survey operations from other
vessels transiting the Straits of
Mackinac at the same time this project
is being conducted.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Northern
Great Lakes (COTP) has determined that
potential hazards associated with the
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Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
ROV survey starting April 1, 2024, will
be a safety concern for anyone within a
500-yard radius of the equipment,
including Tug Nancy Anne, Tug
Champion, Tug General, Tug WM Boyd,
Tug Shirley Ann and crew boat Timmy
V. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone while the stone
laying operation is being conducted.
IV. Discussion of the Rule
This rule establishes a safety zone
from April 1, 2024 through May 15,
2024. The safety zone will cover all
navigable waters within 500 yards of
Tug Nancy Anne, Tug Champion, Tug
General, Tug WM Boyd, Tug Shirley
Ann and crew boat Timmy V. The
duration of the safety zone is intended
to protect personnel and vessels
involved with conducting the ROV
survey operations. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP.
ddrumheller on DSK120RN23PROD with RULES1
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
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size and location of the
safety zone. Vessel traffic will be able to
safely transit around this safety zone
which would impact a small designated
area of the Straits of Mackinac.
Moreover, the Coast Guard will issue a
Local Notice to Mariners about the
safety 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
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16:37 Apr 03, 2024
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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 would 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
PO 00000
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23513
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 made a
preliminary determination 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 all
vessels. Normally such actions are
categorically excluded from further
review under paragraph L[60a] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this rule.
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 recordkeeping
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23514
Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
requirements, Security measures,
Waterways.
DEPARTMENT OF EDUCATION
34 CFR Chapter VI
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[ED–2024–OPE–0002]
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, 70124;
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.T09–0207 to read as
follows:
■
ddrumheller on DSK120RN23PROD with RULES1
§ 165.T09–0207 Safety Zone; Tugs Nancy
Anne, Champion, General, WM Boyd,
Shirley Ann, and crew boat Timmy V
operating in the Straits of Mackinac, MI.
(a) Location. The following areas are
safety zones: All navigable water within
500 yards of the Tugs Nancy Anne,
Champion, General, WM Boyd, Shirley
Ann, and crew boat Timmy V while
conducting ROV survey operations
within one nautical mile of charted
submerged pipeline or cable within the
Straits of Mackinac RNA.
(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 Northern Great Lakes (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart D of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 16 or
telephone at (906) 635–3233. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(d) Enforcement period. This section
will be enforced from 12:01 a.m. April
1, 2024, through 11:59 p.m. on May 15,
2024.
Dated: March 29, 2024.
J.R. Bendle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Northern Great Lakes.
[FR Doc. 2024–07079 Filed 4–3–24; 8:45 am]
BILLING CODE 9110–04–P
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16:37 Apr 03, 2024
Jkt 262001
Augustus F. Hawkins Centers of
Excellence Program
Office of Postsecondary
Education, Department of Education.
ACTION: Final priorities, requirements,
and definition.
AGENCY:
The Department of Education
(Department) issues priorities,
requirements, and definition for use in
the Augustus F. Hawkins Centers of
Excellence (Hawkins) Program,
Assistance Listing Number 84.428A.
The Department may use one or more of
these priorities, requirements, and
definition for competitions in fiscal year
(FY) 2024 and later years. We intend for
these priorities, requirements, and
definition to help increase the number
of, and retain, well-prepared teachers
from diverse backgrounds, resulting in a
more diverse teacher workforce
prepared to teach in our Nation’s
underserved elementary and secondary
schools and close student opportunity
and achievement gaps.
DATES: These priorities, requirements,
and definition are effective May 6, 2024.
FOR FURTHER INFORMATION CONTACT: Dr.
Vicki Robinson, U.S. Department of
Education, 400 Maryland Avenue SW,
5th floor, Washington, DC 20202.
Telephone: (202) 453–7907. Email:
Vicki.Robinson@ed.gov. You may also
contact Ashley Hillary, U.S. Department
of Education, 400 Maryland Avenue
SW, 5th floor, Washington, DC 20202.
Telephone: (202) 453–7880. Email:
Ashley.Hillary@ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The Hawkins
Program, authorized under Part B of
Title II of the Higher Education Act of
1965, as amended (HEA), is designed to
support comprehensive, high-quality
State-accredited teacher preparation
programs by creating centers of
excellence at Historically Black Colleges
and Universities (HBCUs); Tribal
Colleges or Universities (TCUs); or
Minority Serving Institutions (MSIs),
such as Hispanic-Serving Institutions
(HSIs). The Hawkins Program will help
increase the number of, and retain, wellprepared teachers from diverse
backgrounds, resulting in a more diverse
teacher workforce prepared to teach in
our Nation’s most-underserved
SUMMARY:
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elementary and secondary schools and
close student opportunity and
achievement gaps. This program focuses
on the various aspects of the teacher
preparation pipeline, including the
recruitment, preparation, support,
placement, retention and retraining of
teachers for and in under-resourced
schools to support underserved
students. Through this program, the
Secretary seeks to fund applicants that
propose to incorporate evidence-based
practices into their teacher preparation
program.
Program Authority: 20 U.S.C. 1033–
1033a.
We published a notice of proposed
priorities, requirements, and definition
in the Federal Register on February 1,
2024 (89 FR 6470) (NPP). That
document contained background
information and the Department’s
reasons for proposing the particular
priorities, requirements, and definition.
There are no substantive differences
between the proposed priorities,
requirements, and definition and these
final priorities, requirements, and
definition.
Public Comment: In response to our
invitation in the NPP, six parties
submitted comments on the proposed
priorities, requirements, and definition.
Generally, we do not address technical
and other minor changes, or suggested
changes that the law does not authorize
us to make under applicable statutory
authority. In addition, we do not
address general comments that raised
concerns not directly related to the
proposed priorities, requirements, or
definition.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the priorities, requirements,
and definition since publication of the
NPP follows.
General Comments
Comments: Two commenters
expressed support for components from
several of the proposed priorities,
including the emphasis on evidencebased components of teacher
preparation programs, the focus on
clinical experiences and high-quality
mentoring, the support for teacher
candidates serving in schools in roles
that assist students and teachers, the
recognition that the retention and
preparation of teacher candidates from
diverse backgrounds benefits all
students, and the use of HBCUs, TCUs,
and MSIs to prepare teachers. One
commenter expressed support for the
definition of ‘‘pre-service.’’
Discussion: We appreciate the support
of the priorities and the definition.
Changes: None.
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]]>Agencies
[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Rules and Regulations]
[Pages 23512-23514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07079]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0204]
RIN 1625-AA00
Safety Zone; Kokosing ROV Survey Operation, 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 Tug Nancy Anne, Tug
Champion, Tug General, Tug WM Boyd, Tug Shirley Ann and crew boat Timmy
V. The safety zone is needed to protect the remotely operated vehicle
survey operations from other vessels. Entry of vessels into this zone
is prohibited unless specifically authorized by the Captain of the Port
Northern Great Lakes.
DATES: This rule is effective without actual notice from April 4, 2024
through May 15, 2024. For the purposes of enforcement, actual notice
will be used from April 1, 2024 until April 4, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0204 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email LT Rebecca Simpson, 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
ROV Remotely Operated Vehicle
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is impracticable
to publish an NPRM because we must establish this safety zone by April
1, 2024.
Also, 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. This rule is needed to protect the
vessels and personnel involved in the ROV survey operations from other
vessels transiting the Straits of Mackinac at the same time this
project is being conducted.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Northern Great Lakes (COTP) has
determined that potential hazards associated with the
[[Page 23513]]
ROV survey starting April 1, 2024, will be a safety concern for anyone
within a 500-yard radius of the equipment, including Tug Nancy Anne,
Tug Champion, Tug General, Tug WM Boyd, Tug Shirley Ann and crew boat
Timmy V. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the stone laying operation is being conducted.
IV. Discussion of the Rule
This rule establishes a safety zone from April 1, 2024 through May
15, 2024. The safety zone will cover all navigable waters within 500
yards of Tug Nancy Anne, Tug Champion, Tug General, Tug WM Boyd, Tug
Shirley Ann and crew boat Timmy V. The duration of the safety zone is
intended to protect personnel and vessels involved with conducting the
ROV survey operations. No vessel or person will be permitted to enter
the safety zone without obtaining permission from the COTP.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size and
location of the safety zone. Vessel traffic will be able to safely
transit around this safety zone which would impact a small designated
area of the Straits of Mackinac. Moreover, the Coast Guard will issue a
Local Notice to Mariners about the safety 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 would 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, 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 made a preliminary determination 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 all vessels. Normally such actions are categorically
excluded from further review under paragraph L[60a] of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
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
recordkeeping
[[Page 23514]]
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, 70124; 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.T09-0207 to read as follows:
Sec. 165.T09-0207 Safety Zone; Tugs Nancy Anne, Champion, General, WM
Boyd, Shirley Ann, and crew boat Timmy V operating in the Straits of
Mackinac, MI.
(a) Location. The following areas are safety zones: All navigable
water within 500 yards of the Tugs Nancy Anne, Champion, General, WM
Boyd, Shirley Ann, and crew boat Timmy V while conducting ROV survey
operations within one nautical mile of charted submerged pipeline or
cable within the Straits of Mackinac RNA.
(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 Northern Great Lakes (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart D of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16 or telephone at (906) 635-3233. Those
in the safety zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 12:01
a.m. April 1, 2024, through 11:59 p.m. on May 15, 2024.
Dated: March 29, 2024.
J.R. Bendle,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern Great
Lakes.
[FR Doc. 2024-07079 Filed 4-3-24; 8:45 am]
BILLING CODE 9110-04-P
