Rule2023-08013
Security Zone; Kokosing ROV Survey Operation, Straits of Mackinac, MI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 17, 2023
Effective
May 1, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone for navigable waters within a 500-yard radius of Tug Valerie B, Tug Nancy Anne, Tug Champion, Tug General and crew boat Timmy V. The security 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 Sault Ste. Marie.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 73 (Monday, April 17, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Rules and Regulations]
[Pages 23351-23353]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08013]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0207]
RIN 1625-AA87
Security 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 security zone for
navigable waters within a 500-yard radius of Tug Valerie B, Tug Nancy
Anne, Tug Champion, Tug General and crew boat Timmy V. The security
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
Sault Ste. Marie.
DATES: This rule is effective from May 1, 2023, through May 31, 2023.
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-
2023-0207 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#bac9c9d7cac8dfccdfd4ced3d5d4facfc9d9dd94d7d3d6"><span class="__cf_email__" data-cfemail="1566667865677063707b617c7a7b55606676723b787c79">[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 it is impractical to publish an NPRM
by the date operations begin and we must establish a security zone in
order to ensure that remotely operated vehicle (``ROV'') operations can
be conducted safely.
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 immediate action is needed to
respond to the potential safety hazards posed by vessel traffic to
Kokosing Industrial's ROV survey operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034, 70051, 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; and Department
of Homeland Security Delegation No. 00170.1, Revision No. 01.3. The
Captain of the Port Sault Ste. Marie (COTP) has determined that
potential safety hazards posed by other vessels to ROV survey
operations within one nautical mile of charted submerged pipeline or
cable in the Straits of Mackinac RNA starting May 1, 2023, will be a
concern and is establishing security zone within a 500-yard radius of
Tug Valerie B, Tug Nancy Anne, Tug Champion, Tug General and crew boat
Timmy V. 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.
IV. Discussion of the Rule
This rule establishes a security zone from May 1, 2023 through May
31, 2023. The security zone will cover all navigable waters within 500
yards of Tug Valerie B, Tug Nancy Anne, Tug Champion, Tug General and
crew boat Timmy V. The duration of the security 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 security
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 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 security zone. Vessel traffic will be able to safely
transit around this security 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 security 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,
[[Page 23352]]
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
security 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, 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
security zone lasting from May 1, 2023 through May 31, 2023 that will
prohibit entry within 500 yards of Tug Valerie B, Tug Nancy Anne, Tug
Champion, Tug General and crew boat Timmy V conducting ROV survey
operations within one nautical mile of charted submerged pipeline or
cable in the Straits of Mackinac RNA. 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 Memorandum for Record
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.T09-0207 to read as follows:
Sec. 165.T09-0207 Security Zone; Tugs Valerie B, Nancy Anne,
Champion, and General and crew boat Timmy V operating in the Straits of
Mackinac, MI.
(a) Location. The following areas are security zones: All navigable
water within 500 yards of the Tugs Valerie B, Nancy Anne, Champion and
General 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 Sault Sainte Marie (COTP) in the enforcement of the
security zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security 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 security zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
[[Page 23353]]
Dated: April 3, 2023.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2023-08013 Filed 4-14-23; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 17, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.