Rule2026-10060
Safety Zone; Straits of Mackinac, Lake Michigan, MI
Primary source
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Published
May 20, 2026
Effective
June 1, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters on the Straits of Mackinac, in particular within a 500-yard radius of the vessels Ugle Duckling and Streak while they are conducting underwater survey operations. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by underwater survey work on Line 5 Pipeline. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Northern Great Lakes, or their designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 97 (Wednesday, May 20, 2026)</title>
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[Federal Register Volume 91, Number 97 (Wednesday, May 20, 2026)]
[Rules and Regulations]
[Pages 29366-29368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10060]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0431]
RIN 1625-AA00
Safety Zone; Straits of Mackinac, Lake Michigan, MI
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Straits of Mackinac, in particular within a
500-yard radius of the vessels Ugle Duckling and Streak while they are
conducting
[[Page 29367]]
underwater survey operations. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by underwater survey work on Line 5 Pipeline. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port, Sector Northern Great Lakes, or their
designated representative.
DATES: This rule is effective from June 1, 2026, through July 31, 2026.
It will be subject to enforcement each day from 6:00 a.m. until 6:00
p.m.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0431.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact LT Rebecca Simpson, Sector Northern Great Lakes Waterways
Management Division, U.S. Coast Guard; telephone 906-635-3223, or email
<a href="/cdn-cgi/l/email-protection#b3c0c0dec3c1d6c5d6ddc7dadcddf3c6c0d0d49ddedadf"><span class="__cf_email__" data-cfemail="f98a8a94898b9c8f9c978d909697b98c8a9a9ed7949095">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
The Coast Guard is establishing a temporary safety zone for
navigable waters within a 500-yard radius of the vessels Ugle Duckling
and Streak while they are conducting underwater survey operations. The
safety zone is necessary to protect vessels while a Hovering Autonomous
Underwater Vehicle (HAUV)/Remotely Operated Vehicle (ROV) is conducting
underwater surveys on Lake Michigan in the vicinity of the Straits of
Mackinac, MI. Hazards from HAUV/ROV operations include submerged
navigation obstruction from the HAUV/ROV as well as limited
maneuverability of the control vessels. The Captain of the Port Sector
Northern Great Lakes (COTP) has determined that potential hazards
associated with HAUV/ROV operations are a safety concern for anyone
within 500 yards of the operation. Therefore, the COTP is proposing
this rule under the authority in 46 U.S.C. 70034, which is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone. The regulatory text we are proposing
appears at the end of this document.
Because of these potential hazards, the Coast Guard is issuing this
rule without prior notice and comment. As is authorized by 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 impracticable. It is impracticable to publish an
NPRM because we must establish this safety zone by June 1, 2026, and we
lack sufficient time to provide a reasonable comment period and
consider those comments before issuing the rule.
For the same reason, the Coast Guard finds that under 5 U.S.C.
553(d)(3), 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 is impracticable because prompt action is
needed to address the potential safety hazards associated with the
HAUV/ROV survey of subsurface lakebed and surrounding areas of interest
and the potential hazard from other vessels transiting the Straits of
Mackinac at the same time this project is being conducted.
III. Discussion of the Rule
This rule establishes a safety zone from 6 a.m. until 6 p.m. each
day from June 1, 2026 through July 31, 2026. The safety zone would
cover all navigable waters within 500 yards of the survey vessels. No
vessel or person would be permitted to enter the safety zone without
obtaining permission from the COTP or their designated representative.
The regulatory text we are proposing appears at the end of this
document.
IV. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 et seq.), 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 is a safety zone. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration
[[Page 29368]]
supporting this determination is available in the docket.
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, 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. 01.4.
0
2. Add Sec. 165.T09-0431 to read as follows:
Sec. 165.T09-0431 Safety Zone; Straits of Mackinac, Lake Michigan,
MI.
(a) Location. The following area is a safety zone: All waters of
the Straits of Mackinac, from surface to bottom, within 500 yards of
the survey vessels Ugle Duckling and Streak while conducting a HAUV/ROV
survey of the subsurface lakebed and surrounding areas of interest.
(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 Sector Northern Great Lakes (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C 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 on VHF-FM channel 16 or by 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 periods. This section will be enforced from 6 a.m.
to 6 p.m. each day from June 1, 2026 through July 31, 2026.
D.M. Parker,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Northern
Great Lakes.
[FR Doc. 2026-10060 Filed 5-19-26; 8:45 am]
BILLING CODE 9110-04-P
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