[Federal Register Volume 69, Number 10 (Thursday, January 15, 2004)]
[Proposed Rules]
[Pages 2318-2320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-913]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-287]
RIN 1625-AA11


Regulated Navigation Area; USCG Station Port Huron, Port Huron, 
Michigan, Lake Huron

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a Regulated 
Navigation Area (RNA) around the entrance to the moorings for Station 
Port Huron. These regulations are necessary to manage vessel traffic 
and ensure the operability of Coast Guard vessels departing Station 
Port Huron. These regulations are intended to restrict vessels from 
fishing, mooring and anchoring in a portion of Lake Huron in the 
vicinity of the United State Coast Guard Station Port Huron.

DATES: Comments and related material must reach the Coast Guard on or 
before March 15, 2004.

ADDRESSES: You may mail comments and related material to Commander, 
Marine Safety Compliance Operations Branch (mco), Ninth Coast Guard 
District, 1240 E. Ninth Street, Cleveland, Ohio 44199-2060, or deliver 
them to room 2069 at the same address between 9 a.m. and 2 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (216) 
902-6045.
    Commander (mco), Ninth Coast Guard District maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the Ninth Coast Guard District, 
room 2069, between 9 a.m. and 2 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Jim McLaughlin, 
Chief, Marine Safety Compliance Operations Branch, Ninth Coast Guard 
District Marine Safety Division, at (216) 902-6045.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD09-03-
287), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander (mco), Ninth Coast Guard 
District at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    A large number of recreational fishermen typically fish right off 
the entrance to the Station Port Huron Moorings. As such, it is typical 
for fishing line to cross the path of any station vessels exiting the 
harbor, especially in time-critical emergency situations. During the 
summer of 2003, on at least 4 occasions, vessels from Station Port 
Huron were removed from operations due to fishing line being wrapped 
around their shafts.
    In these instances, Station Port Huron's boats were unavailable for 
search and rescue response during the most active portion of the year, 
the summer boating season. Having vessels out of service on a regular 
basis has resulted in a life-threatening situation. Station Port Huron 
has not been able to rely on having all of their underway assets 
available on a 24-hour basis, severely effecting time critical mission 
response.
    In addition, due to security concerns it is necessary to prohibit 
vessels from anchoring or mooring within the RNA. On several occasions, 
vessels have been discovered inside Station Port Huron's

[[Page 2319]]

boat basin or anchored so close to the Station's property that 
crewmembers trespassed upon Federal property upon disembarking the 
vessel. This routine invasion of the boat basin and Government property 
is a threat to the security and safety of the station and its crew.
    Station Port Huron is situated on the southern end of Lake Huron at 
the mouth of the St. Clair River. As such, it is a heavily traveled 
area both for commercial and recreational vessels. Station Port Huron's 
area of responsibility continues south approximately 13 miles down the 
St. Clair River and approximately 10 miles north to Port Sanilac, 
Michigan. Due to the wide geographic area coupled with the extent of 
vessel traffic, it is critical that all Station vessels be operable at 
all times and that response times not be hindered.
    As such, the Coast Guard is proposing to establish an RNA that 
would prohibit fishing, mooring and anchoring in the immediate vicinity 
of the entrance to Station Port Huron's moorings, unless the vessel 
operator receives advanced approval from the Captain of the Port 
Detroit. Vessels not engaging in these activities would be allowed to 
transit this area.

Discussion of Rule

    The proposed RNA would encompass the following: starting at the 
northwest corner at 43[deg]00.4[min] N, 082[deg]25.327[min] W; east to 
43[deg]00.4[min] N, 082[deg]25.238[min] W; then south to 
43[deg]00.3[min] N, 082[deg]25.238[min] W; then west to 
43[deg]00.3[min] N, 082[deg]25.327[min] W; then following the shoreline 
north back to the point of origin. These coordinates are based upon 
North American Datum 1983 (NAD 83).
    This proposed RNA would extend approximately 400-feet from shore 
and be approximately 600-feet in width. Only vessels fishing, mooring 
or anchoring are prohibited from being within this RNA.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of the 
Order. The Office of Management and Budget has not reviewed it under 
that Order. It is not significant under the regulatory policies and 
procedures of the Department of Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    This determination is based on the relative small size of the zone 
and the limited class of vessels restricted from this area, i.e. 
fishing, mooring or anchoring vessels. In addition, vessels may engage 
in these activities provided the vessel operator receives prior 
approval from the Captain of the Port Detroit.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant impact 
on a substantial number of small entities. 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this proposed rule would have a significant economic impact on 
it, please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects and participate in the rulemaking process. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Commander (mco), Ninth Coast 
Guard District (see ADDRESSES).

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This rule is not an economically significant rule and 
does not concern an environmental risk to health or risk to safety that 
may disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

Energy Effects

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use. We have determined that it is not 
a ``significant energy action'' under that order because it is not a 
``significant regulatory action'' under Executive Order 12866 and is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. It has not been designated by the 
Administrator of the Office of Information and Regulatory Affairs as a 
significant energy action. Therefore, it

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does not require a Statement of Energy Effects under Executive Order 
13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. A written categorical exclusion 
determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.920 to read as follows:


Sec.  165.920  Regulated Navigation Area: USCG Station Port Huron, Port 
Huron, MI, Lake Huron.

    (a) Regulated Navigation Area. A regulated navigation area is 
established in Lake Huron encompassed by a line connecting the 
following points: starting at the northwest corner at 43[deg]00.4[min] 
N, 082[deg]25.327[min] W; then east to 43[deg]00.4[min] N, 
082[deg]25.238[min] W; then south to 43[deg]00.3[min] N, 
082[deg]25.238[min] W; then west to 43[deg]00.3[min] N, 
082[deg]25.327[min] W; then following the shoreline north back to the 
point of origin (NAD 83).
    (b) Special regulations. (1) No vessel may fish, anchor, or moor 
within the RNA without obtaining the advanced approval of the Captain 
of the Port (COTP) Detroit. COTP Detroit can be reached by telephone at 
(313) 568-9580, or by writing to: MSO Detroit, 110 Mt. Elliot Ave., 
Detroit MI 48207-4380.
    (2) Vessels not engaging in fishing, anchoring or mooring may 
transit the RNA.

    Dated: December 18, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 04-913 Filed 1-14-04; 8:45 am]
BILLING CODE 4910-15-P