Federal Register / Vol. 85, No. 125 / Monday, 29, 2020 / Rules and Regulations 38791

Adjusted 2020 Exemption 2007 Base Threshold

Minimum Payment ...... $500 9 $615 Large Franchise Investment ...... 1,000,000 1,233,000 Large franchisee ...... 5,000,000 6,165,000

Because the calculation of these ■ c. In paragraph (a)(5)(ii), remove safety of life on navigable waterways thresholds is purely ministerial in ‘‘$5,715,500’’ and, in its place, add during this event. Our regulation for nature and implements the Rule’s ‘‘$6,165,000’’. marine events within the Eleventh Coast mandatory adjustment mechanism, By direction of the Commission. Guard District, § 100.1101, specifies the these adjustments are exempt from the J. Tabor, location of the regulated area for the rulemaking procedures specified in Dutch Shoe Marathon which Acting Secretary. section 18 of the FTC Act.10 In addition, encompasses the waters of San Diego the Commission has determined that [FR Doc. 2020–12617 Filed 6–26–20; 8:45 am] Bay, CA, from Shelter Island to Glorietta notice and comment are unnecessary BILLING CODE 6750–01–P Bay. Under the provisions of § 100.1101, under the Administrative Procedure Act persons and vessels are prohibited from (‘‘APA’’) for the same reason. The anchoring, blocking, loitering, or Commission, therefore, has omitted DEPARTMENT OF HOMELAND impeding within this regulated area notice and comment for good cause as SECURITY unless authorized by the Captain of the provided by section 553(b)(B) of the Port, or his designated representative. APA.11 For this reason, the Coast Guard The Coast Guard be assisted by requirements of the Regulatory other Federal, State, or local law Flexibility Act also do not apply.12 33 CFR Part 100 enforcement agencies in enforcing this Accordingly, the adjusted thresholds [Docket No. USCG–2020–0260] regulation. will take effect on 1, 2020. In addition to this notice of Pursuant to the Congressional Review Special Local Regulation; Dutch Shoe enforcement in the Federal Register, the Act (5 U.S.C. 801 et seq.), the Office of Marathon; San Diego, CA Coast Guard will provide the maritime Information and Regulatory Affairs community with advance notification of designated this rule as not a ‘‘major AGENCY: Coast Guard, DHS. this enforcement period via the Local rule,’’ as defined by 5 U.S.C. 804(2). ACTION: Notice of enforcement of Notice to Mariners, Safety Marine regulation. Information Broadcast, and local List of Subjects in 16 CFR Part 436 advertising by the event sponsor. SUMMARY: Advertising, Business and industry, The Coast Guard will enforce If the Captain of the Port Sector San Franchising, Trade practices. the Dutch Shoe Marathon special local Diego or his designated representative For the reasons set out in the regulation on the waters of San Diego determines that the regulated area need preamble, the Federal Trade Bay, California on , 2020. These not be enforced for the full duration Commission amends 16 CFR part 436 as special local regulations are necessary to stated on this document, he or she may follows: provide for the safety of the use a marine information broadcast or participants, crew, spectators, sponsor other communications coordinated with PART 436—DISCLOSURE vessels, and general users of the the event sponsor to grant general REQUIREMENTS AND PROHIBITIONS waterway. During the enforcement permission to enter the regulated area. CONCERNING FRANCHISING period, persons and vessels are prohibited from anchoring, blocking, Dated: , 2020. ■ 1. The authority citation for part 436 loitering, or impeding within this T.J. Barelli, continues to read as follows: regulated area unless authorized by the Captain, U.S. Coast Guard, Captain of the Port San Diego. Authority: 15 U.S.C. 41–58. Captain of the Port, or his designated representative. [FR Doc. 2020–12864 Filed 6–26–20; 8:45 am] § 436.8 [Amended] DATES: The regulations in 33 CFR BILLING CODE 9110–04–P ■ 2. Amend § 436.8 as follows: 100.1101 will be enforced for the Dutch ■ a. In paragraph (a)(1), remove ‘‘$570’’ Shoe Marathon regulated area listed in and, in its place, add ‘‘$615’’; DEPARTMENT OF HOMELAND item 4 in Table 1 to § 100.1101 from SECURITY ■ b. In paragraph (a)(5)(i), remove both noon to 4 p.m. on July 17, 2020. references to ‘‘$1,143,000’’ and, in their FOR FURTHER INFORMATION CONTACT: If Coast Guard place, add ‘‘$1,233,000’’; and you have questions about this notice of enforcement, call or email Lieutenant 33 CFR Part 165 9 The Commission has rounded this figure from $616.50 to $615 to facilitate compliance and for Briana Biagas, Waterways Management, clarity. U.S. Coast Guard Sector San Diego, CA; [Docket Number USCG–2020–0370] 10 See 15 U.S.C. 57a(d)(2)(B); 16 CFR 1.15(b) telephone (619) 278–7656, email (providing that non-substantive amendments to [email protected]. RIN 1625–AA00 trade regulation rules are exempt from the rulemaking procedures of Section 18 of the FTC SUPPLEMENTARY INFORMATION: The Coast Act). Guard will enforce the special local Safety Zone; Fischer Wedding 11 5 U.S.C. 553(b)(B) (providing that ‘‘good cause’’ regulations in 33 CFR 100.1101 Table 1, Fireworks Lake Charlevoix, Boyne exists to forego notice and comment when public Item 4 of that section for the Dutch Shoe City, MI comment is unnecessary). 12 5 U.S.C. 603 and 604 (no regulatory flexibility Marathon in San Diego Bay, CA from AGENCY: Coast Guard, DHS. noon to 4 p.m. on July 17, 2020. This analyses required where the APA does not require ACTION: Temporary final rule. public comment). action is being taken to provide for the

VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1 jbell on DSKJLSW7X2PROD with RULES 38792 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations

SUMMARY: The Coast Guard is from the hazards associated with the Charlevoix. Moreover, the Coast Guard establishing a temporary safety zone for fireworks display. would issue a Broadcast Notice to navigable waters within a 420-ft radius Mariners via VHF–FM marine channel III. Legal Authority and Need for Rule of a fireworks display. The safety zone 16 about the zone. is needed to protect personnel, vessels, The Coast Guard is issuing this rule B. Impact on Small Entities and the marine environment from under authority in 46 U.S.C. 70034 potential hazards associated with a (previously 33 U.S.C. 1231). The The Regulatory Flexibility Act of fireworks display. Entry of vessels or Captain of the Port Sault Sainte Marie 1980, 5 U.S.C. 601–612, as amended, persons into this zone is prohibited (COTP) has determined that potential requires Federal agencies to consider unless specifically authorized by the hazards associated with a fireworks the potential impact of regulations on Captain of the Port Sault Sainte Marie. display on , 2020 will be a safety small entities during rulemaking. The DATES: This rule is effective from 10 concern for anyone within a 420-foot term ‘‘small entities’’ comprises small p.m. until 11:59 p.m., July 2, 2020. radius of the navigable waters businesses, not-for-profit organizations ADDRESSES: To view documents surrounding the fireworks launching that are independently owned and mentioned in this preamble as being location. This rule is needed to protect operated and are not dominant in their available in the docket, go to https:// personnel, vessels, and the marine fields, and governmental jurisdictions www.regulations.gov, type USCG–2020– environment in the navigable waters with populations of less than 50,000. 0370 in the ‘‘SEARCH’’ box and click within the safety zone during the The Coast Guard certifies under 5 U.S.C. ‘‘SEARCH.’’ Click on Open Docket fireworks display. 605(b) that this rule will not have a significant economic impact on a Folder on the line associated with this IV. Discussion of the Rule rule. substantial number of small entities. This rule establishes a safety zone While some owners or operators of FOR FURTHER INFORMATION CONTACT: If from 10 p.m. until 11:59 p.m. on July 2, you have questions on this rule, call or vessels intending to transit the safety 2020. The safety zone will cover all email LT Sean V. Murphy, U.S. Coast zone may be small entities, for the navigable waters within 420 feet of a Guard Sector Sault Sainte Marie reasons stated in section V.A above, this fireworks display in Lake Charlevoix Waterways Management, U.S. Coast rule will not have a significant near Boyne City, MI. The duration of the Guard; telephone 906–635–3223, email economic impact on any vessel owner zone is intended to protect personnel, [email protected]. or operator. vessels, and the marine environment in Under section 213(a) of the Small SUPPLEMENTARY INFORMATION: these navigable waters during the Business Regulatory Enforcement I. Table of Abbreviations fireworks display. No vessel or person Fairness Act of 1996 (Pub. L. 104–121), will be permitted to enter the safety we want to assist small entities in CFR Code of Federal Regulations DHS Department of Homeland Security zone without obtaining permission from understanding this rule. If the rule FR Federal Register the COTP or a designated would affect your small business, NPRM Notice of proposed rulemaking representative. organization, or governmental § Section jurisdiction and you have questions V. Regulatory Analyses U.S.C. United States Code concerning its provisions or options for We developed this rule after II. Background Information and compliance, please call or email the considering numerous statutes and Regulatory History person listed in the FOR FURTHER Executive orders related to rulemaking. INFORMATION CONTACT section. The Coast Guard is issuing this Below we summarize our analyses Small businesses may send comments temporary rule without prior notice and based on a number of these statutes and on the actions of Federal employees opportunity to comment pursuant to Executive orders, and we discuss First who enforce, or otherwise determine authority under section 4(a) of the Amendment rights of protestors. compliance with, Federal regulations to Administrative Procedure Act (APA) (5 A. Regulatory Planning and Review the Small Business and Agriculture U.S.C. 553(b)). This provision Regulatory Enforcement Ombudsman authorizes an agency to issue a rule Executive Orders 12866 and 13563 and the Regional Small Business without prior notice and opportunity to direct agencies to assess the costs and Regulatory Fairness Boards. The comment when the agency for good benefits of available regulatory Ombudsman evaluates these actions cause finds that those procedures are alternatives and, if regulation is annually and rates each agency’s ‘‘impracticable, unnecessary, or contrary necessary, to select regulatory responsiveness to small business. If you to the public interest.’’ Under 5 U.S.C. approaches that maximize net benefits. wish to comment on actions by 553(b)(B), the Coast Guard finds that Executive Order 13771 directs agencies employees of the Coast Guard, call 1– good cause exists for not publishing a to control regulatory costs through a 888–REG–FAIR (1–888–734–3247). The notice of proposed rulemaking (NPRM) budgeting process. This rule has not Coast Guard will not retaliate against with respect to this rule because doing been designated a ‘‘significant small entities that question or complain so would be impracticable. This safety regulatory action,’’ under Executive about this rule or any policy or action zone is needed to be established by July Order 12866. Accordingly, this rule has of the Coast Guard. 2, 2020 in order to protect the public not been reviewed by the Office of from the dangers associated with a Management and Budget (OMB), and C. Collection of Information fireworks display. pursuant to OMB guidance it is exempt This rule will not call for a new Under 5 U.S.C. 553(d)(3), the Coast from the requirements of Executive collection of information under the Guard finds that good cause exists for Order 13771. Paperwork Reduction Act of 1995 (44 making this rule effective less than 30 This regulatory action determination U.S.C. 3501–3520). days after publication in the Federal is based on size, location, duration, and Register. Delaying the effective date of time-of-day of the safety zone. Vessel D. Federalism and Indian Tribal this rule would be impracticable traffic will be able to safely transit Governments because action is needed to establish a around this safety zone which would A rule has implications for federalism safety zone in order to protect the public impact a small designated area of Lake under Executive Order 13132,

VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations 38793

Federalism, if it has a substantial direct Protesters are asked to call or email the Dated: , 2020. effect on the States, on the relationship person listed in the FOR FURTHER A.E. Florentino, between the National Government and INFORMATION CONTACT section to Commander, U.S. Coast Guard, Acting the States, or on the distribution of coordinate protest activities so that your Captain of the Port Sault Sainte Marie. power and responsibilities among the message can be received without [FR Doc. 2020–14025 Filed 6–26–20; 8:45 am] various levels of government. We have jeopardizing the safety or security of BILLING CODE 9110–04–P analyzed this rule under that Order and people, places or vessels. have determined that it is consistent List of Subjects in 33 CFR Part 165 with the fundamental federalism FEDERAL COMMUNICATIONS principles and preemption requirements Harbors, Marine safety, Navigation COMMISSION described in Executive Order 13132. (water), Reporting and record keeping Also, this rule does not have tribal requirements, Security measures, 47 CFR Parts 1 and 43 implications under Executive Order Waterways. 13175, Consultation and Coordination [WC Docket No. 11–10 and 19–195, FCC For the reasons discussed in the 19–79; FRS 16815] with Indian Tribal Governments, preamble, the Coast Guard amends 33 because it does not have a substantial CFR part 165 as follows: Establishing the Digital Opportunity direct effect on one or more Indian Data Collection; Modernizing the FCC tribes, on the relationship between the PART 165—REGULATED NAVIGATION Form 477 Data Program Federal Government and Indian tribes, AREAS AND LIMITED ACCESS AREAS or on the distribution of power and AGENCY: Federal Communications responsibilities between the Federal ■ 1. The authority citation for part 165 Commission. Government and Indian tribes. continues to read as follows: ACTION: Final rule; announcement of effective date. E. Unfunded Mandates Reform Act Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; The Unfunded Mandates Reform Act SUMMARY: In this document, the Federal Department of Homeland Security Delegation Communications Commission of 1995 (2 U.S.C. 1531–1538) requires No. 0170.1. Federal agencies to assess the effects of (Commission) announces that the Office their discretionary regulatory actions. In ■ 2. Add § 165.T09–0370 to read as of Management and Budget (OMB) has particular, the Act addresses actions follows: approved, for a period of three years, the information collection requirements that may result in the expenditure by a § 165.T09–0370 Fischer Wedding State, local, or tribal government, in the associated with the Local Telephone Fireworks Lake Charlevoix, Boyne City, MI. Competition and Broadband Reporting, aggregate, or by the private sector of (a) Location. The following area is a $100,000,000 (adjusted for inflation) or Report and Order, FCC Form 477. This safety zone: All navigable water within document is consistent with the Report more in any one year. Though this rule 420 feet of the fireworks launching will not result in such an expenditure, and Order, which stated that the location in position 45°16′35.80″ N, Commission would publish a document we do discuss the effects of this rule 85°06′11.00″ W (NAD 83) elsewhere in this preamble. in the Federal Register announcing (b) Definitions. As used in this OMB approval and the effective date of F. Environment section, designated representative the information collection requirements. We have analyzed this rule under means a Coast Guard Patrol DATES: Paragraphs 44 through 51 of the Department of Homeland Security Commander, including a Coast Guard Report and Order, published at 84 FR Directive 023–01, Rev. 1, associated coxswain, petty officer, or other officer 43705, 22, 2019, are effective on implementing instructions, and operating a Coast Guard vessel and a June 29, 2020. Environmental Planning COMDTINST Federal, State, and local officer FOR FURTHER INFORMATION CONTACT: For 5090.1 (series), which guide the Coast designated by or assisting the Captain of additional information, contact Cathy Guard in complying with the National the Port Sault Sainte Marie (COTP) in Williams, [email protected], (202) Environmental Policy Act of 1969 (42 the enforcement of the safety zone. 418–2918. U.S.C. 4321–4370f), and have (c) Regulations. (1) In accordance with SUPPLEMENTARY INFORMATION: This determined that this action is one of a the general regulations in § 165.23, entry document announces that, on , category of actions that do not into, transiting, or anchoring within the 2020, OMB approved the information individually or cumulatively have a safety zone described in paragraph (a) is collection requirements contained in the significant effect on the human prohibited unless authorized by the Commission’s Report and Order, FCC environment. This rule involves a safety Captain of the Port, Sault Sainte Marie 19–79, published at 84 FR 43705, zone lasting less than 2 hours that will or his designated representative. , 2019. The OMB Control prohibit entry within 420 feet of a (2) Before a vessel operator may enter Numbers are 3060–0816. The fireworks display in Lake Charlevoix. It or operate within the safety zone, they Commission publishes this document as is categorically excluded from further must obtain permission from the an announcement of the effective date of review under paragraph L[60(a)] of Captain of the Port, Sault Sainte Marie, the information collection requirements. Appendix A, Table 1 of DHS Instruction or his designated representative via VHF Manual 023–01–001–01, Rev. 1. A Channel 16 or telephone at (906) 635– Synopsis Record of Environmental Consideration 3233. Vessel operators given permission As required by the Paperwork supporting this determination is to enter or operate in the safety zone Reduction Act of 1995 (44 U.S.C. 3507), available in the docket. For instructions must comply with all orders given to the FCC is notifying the public that it on locating the docket, see the them by the Captain of the Port, Sault received OMB approval on May 28, ADDRESSES section of this preamble. Sainte Marie or his designated 2020, for the information collection representative. requirements contained in the G. Protest Activities (d) Enforcement period. This section Commission’s rules. The Coast Guard respects the First will be enforced from 10 p.m. through No person shall be subject to any Amendment rights of protesters. 11:59 p.m. on July 2, 2020. penalty for failing to comply with a

VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1 jbell on DSKJLSW7X2PROD with RULES