Rule2021-20882
Safety Zone; Tugs Champion, Valerie B, Nancy Anne and Barges Kokosing I, Kokosing III, Kokosing IV Operating in the Straits of Mackinac, MI
Primary source
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Published
September 27, 2021
Effective
October 1, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for the navigable water within a 500-yard radius of several tugs and barges in the Straits of Mackinac. The safety zone is needed to protect personnel, vessels, and the marine environment from the potential hazards created by the work, inspection, surveying and the removal and replacement of cables for the Straits of Mackinac. Entry of vessels or persons into the zone is prohibited unless specifically authorized by the Captain of the Port Sault Sainte Marie or their designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 184 (Monday, September 27, 2021)</title>
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[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53218-53220]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20882]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0747]
RIN 1625-AA00
Safety Zone; Tugs Champion, Valerie B, Nancy Anne and Barges
Kokosing I, Kokosing III, Kokosing IV Operating in the Straits of
Mackinac, MI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
[[Page 53219]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable water within a 500-yard radius of several tugs and barges
in the Straits of Mackinac. The safety zone is needed to protect
personnel, vessels, and the marine environment from the potential
hazards created by the work, inspection, surveying and the removal and
replacement of cables for the Straits of Mackinac. Entry of vessels or
persons into the zone is prohibited unless specifically authorized by
the Captain of the Port Sault Sainte Marie or their designated
representative.
DATES: This rule is effective from October 1, 2021, through November
30, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0747 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 on this rule,
call or email LT Deaven S. Palenzuela, Sector Sault Sainte Marie
Waterways Management Division, U.S. Coast Guard at (906) 635-3223 or
email <a href="/cdn-cgi/l/email-protection#a4d7d7c9d4d6c1d2c1cad0cdcbcae4d1d7c7c38ac9cdc8"><span class="__cf_email__" data-cfemail="f586869885879083909b819c9a9bb580869692db989c99">[email protected]</span></a>.
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
temporary final rule is an extention in order for the company to
complete their project scope taking into account any delays due to
heavy weather or vessel issues that are out of their control. Delaying
this rule to allow for a notice and full comment period would be
impracticable because it would inhibit the Coast Guard's ability to
protect the public from the potential hazards associated with the
continuation of the aforementioned operation on October 1, 2021, with a
new prospective completion date of November 30, 2021.
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. For the same reasons discussed in
the preceding paragraph, delaying the continuation effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the work,
inspections, and surveying of underwater infrastructure.
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 the
work, inspection, and surveying of underwater infrastructure in the
Straits of Mackinac starting April 20, 2021, will be a safety concern
for anyone within a 500-yard radius of the tugs and barges. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while the operation is
conducted.
IV. Discussion of the Rule
This rule establishes a continuation safety zone from October 1,
2021, to November 30, 2021. The safety zone will cover all navigable
waters within 500 yards of the tugs and barges being used to work,
inspect, survey and remove/replace cables in the Straits of Mackinac.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters while the operation is
conducted. 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 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
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
[[Page 53220]]
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 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 that will prohibit entry within 500 yards of tugs and
barges used to work, inspect, survey and remove/replace cables in the
Straits of Mackinac. 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
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T09-0747 to read as follows:
Sec. 165.T09-0747 Safety Zone; Tugs Champion, Valerie B, Nancy Anne
and Barges Kokosing I, Kokosing III, Kokosing IV operating in the
Straits of Mackinac, MI.
(a) Location. The following areas are safety zones: All navigable
water within 500 yards of the Tugs Valerie B, Nancy Anne, Champion and
Barges Kokosing I, III, and IV while conducting work, inspection,
surveying and removing/replacing cables in the Straits of Mackinac.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sault Sainte Marie (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within the safety
zone described in paragraph (a) of this section 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
zones, 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 October
1, 2021, to November 30, 2021.
Dated: September 21, 2021.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2021-20882 Filed 9-24-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 27, 2021.
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