[Federal Register Volume 69, Number 82 (Wednesday, April 28, 2004)]
[Rules and Regulations]
[Pages 23101-23103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9623]


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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, 
MI, Lake Huron

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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 
States Coast Guard (USCG) Station Port Huron.

DATES: This rule is effective May 28, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD09-03-287 and are available for inspection or 
copying at Commander, Marine Safety Compliance Operations Branch (mco), 
Ninth Coast Guard District, 1240 E. Ninth Street, Cleveland, Ohio 
44199-2060, 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:

Regulatory Information

    On January 15, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Regulated Navigation Area; USCG Station Port Huron, 
Port Huron, Michigan, Lake Huron in the Federal Register (69 FR 2318). 
We received 9 letters commenting on the proposed rule. No public 
meeting was requested, and none was held.

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. On multiple 
occasions in

[[Page 23102]]

past years, vessels from Station Port Huron were removed from 
operations due to fishing line becoming lodged in and ruining the shaft 
bearing. Replacement of this shaft bearing requires removal of the 
entire shaft from the vessel.
    As a result, Station Port Huron's vessels 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 its underway assets 
available on a 24-hour basis, severely affecting 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 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 clear 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.

Discussion of Comments and Changes

    One commenter indicated that vessels should be allowed to enter 
Station Port Huron's boat basin. In order to ensure that Coast Guard 
vessels may exit the basin as quickly as possible with no unnecessary 
obstructions at all times, no vessels are allowed to enter the basin. 
In addition, due to the requirement to be able to respond as quickly as 
possible, vessels in the basin place both themselves and Coast Guard 
members in danger by being in the basin.
    Three commenters indicated the Coast Guard should place a device on 
the shaft to cut off any fishing line. This comment was explored by 
members of Station Port Huron and it was determined that the device is 
available for the larger 41 UTB foot boat, however there is no device 
available for the smaller 25 foot RBHS and 24 foot UTL-T boats. In 
addition, while the device works well for synthetic fishing line, the 
device is not effective on the portion of steel used as leaders at the 
end of fishing line that the USCG boats have been encountering.
    Five commenters stated that the size of the zone was too big. The 
size of the zone is as small as possible to still be effective in 
preventing adverse impacts on boat operations. The zone size was 
selected based on currents, and the possibility of fishing lines 
drifting in from outside the zone. The current zone size guarantees 
Station Port Huron boats can depart and enter the basin at any time of 
day, in any weather condition without concern of entanglement.
    No changes are being made to this regulation in response to these 
comments.

Regulatory Evaluation

    This 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 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 rule has 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 rule will 
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 
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 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects and participate in the rulemaking process. If the rule 
affects 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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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 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 rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety

[[Page 23103]]

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

Environment

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph 32(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.

0
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: 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


0
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) Location. All waters of Lake Huron encompassed by the 
following: starting at the northwest corner at 43[deg]00.4' N, 
082[deg]25.327' W; then east to 43[deg]00.4' N, 082[deg]25.23.8' W; 
then south to 43[deg]00.3' N, 082[deg]25.238' W; then west to 
43[deg]00.3' N, 082[deg]25.327' W; then following the shoreline north 
back to the point of origin (NAD 83).
    (b) Special regulations. No vessel may fish, anchor, or moor within 
the RNA without obtaining the approval of the Captain of the Port 
(COTP) Detroit. Vessels need not request permission from COTP Detroit 
if only transiting through the RNA. 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.

    Dated: April 21, 2004.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 04-9623 Filed 4-27-04; 8:45 am]
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