[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Rules and Regulations]
[Pages 45387-45389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12947]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-019]
RIN 1625-AA87


Security Zone, Mackinac Bridge and Straits of Mackinac, Mackinaw 
City, MI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent security zone 
approximately one quarter mile on each side of the Mackinac Bridge in 
the Straits of Mackinac near Mackinaw City, MI. This security zone will 
place navigational and operational restrictions on all vessels 
transiting through the Straits area, under and around the Mackinac 
Bridge, located between Mackinaw City, MI, and St. Ignace, MI.

DATES: This rule is effective August 31, 2006.

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 CGD09-06-019 and are available for inspection or 
copying at Sector Sault Ste. Marie between 8 a.m. (local) and 4 p.m. 
(local), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have further questions on this 
rule, contact CDR R. Stephenson, Prevention Department Chief, Sector 
Sault Ste. Marie, MI at 906-635-3220.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 24, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Security Zone, Mackinac Bridge and Straits of Mackinac, 
Mackinaw City, MI in the Federal Register (71 FR 29873). We received no 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held. Under 5. U.S.C. 553(d)(3) the Coast Guard 
finds good cause exists for making this rule effective less than 30 
days after publication in the Federal Register. Specifically, delaying 
this rule would be contrary to the public interest of ensuring the 
safety of pedestrians in the event of an accidental or intentional 
bridge allision by a vessel.

Background and Purpose

    The Mackinac Bridge Walk is held on Labor Day of each year. At this 
annual event participants are permitted to walk the five mile distance 
of the Mackinac Bridge from St. Ignace, MI. to Mackinaw City, MI. The 
purpose of this security zone is to protect pedestrians during the 
event from accidental or intentional vessel to bridge allision.
    Because this is an annual event, the Coast Guard is enacting a 
permanent security zone that will be in effect Labor Day of each year.

Discussion of Comments and Changes

    No comments were received by the Coast Guard as a result of the 
request for comments in our NPRM. Therefore, we made no changes from 
the proposed rule.

[[Page 45388]]

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. It has not been reviewed by the Office of 
Management and Budget under that Order. It is not ``significant'' under 
the regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic 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.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels which may be 
intending to transit or anchor in a portion of the Straits of Mackinac 
on Labor Day between 6 a.m. (local) and 11:59 p.m. (midnight) (local).
    This rule will not have a significant impact on a substantial 
number of small entities because the restrictions affect only a limited 
area for a brief amount of time in a limited area. Further, transit 
through the zone may be permitted with proper authorization from the 
Captain of the Port or his designated representative. Additionally, the 
opportunity to engage in activities outside the limits of the safety 
zone will not be disrupted.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. Small 
businesses may send comments on 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).

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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

    We have analyzed this 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 create 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 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.

Energy Effects

    We have 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that there are no factors in this case 
that would limit the use of a categorical exclusion under section 2.B.2 
of the Instruction. Therefore, we believe that this rule should be 
categorically

[[Page 45389]]

excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from 
further environmental documentation. This temporary rule establishes a 
security zone and as such is covered by this paragraph.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES. Comments on this section will be 
considered before we make the final decision on whether the rule should 
be categorically excluded from further environmental review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.928 to read as follows:


Sec.  165.928  Security Zone; Mackinac Bridge, Straits of Mackinac, 
Michigan.

    (a) Definitions. The following definitions apply to this section:
    (1) Designated Representative means those persons designated by the 
Captain of the Port to monitor these security zones, permit entry into 
these zones, give legally enforceable orders to persons or vessels 
within these zones and take other actions authorized by the Captain of 
the Port. Persons authorized in paragraph (e) to enforce this section 
and Vessel Traffic Service St. Marys River (VTS) are Designated 
Representatives.
    (2) Federal Law Enforcement Officer means any employee or agent of 
the United States government who has the authority to carry firearms 
and make warrantless arrests and whose duties involve the enforcement 
of criminal laws of the United States.
    (3) Navigable waters of the United States means those waters 
defined as such in 33 CFR part 2.
    (4) Public vessel means vessels owned, chartered, or operated by 
the United States, or by a State or political subdivision thereof.
    (5) Michigan Law Enforcement Officer means any regularly employed 
member of a Michigan police force responsible for the prevention and 
detection of crime and the enforcement of the general criminal laws of 
Michigan as defined in Michigan Compiled Laws section 28.602(l)(i).
    (b) Security zone. The following area is a security zone: All 
waters enclosed by a line connecting the following points: 
45[deg]50.763 N: 084[deg]43.731 W, which is the northwest corner; 
thence east to 45[deg]50.705 N: 084[deg]43.04 W, which is the northeast 
corner; thence south to 45[deg]47.242 N: 084[deg]43.634 W, which is the 
southeast corner; thence west to 45[deg]47.30 N: 084[deg]44.320 W, 
which is the southwest corner; then north to the point of origin. The 
zone described above includes all waters on either side of the Mackinac 
Bridge within one-quarter mile of the bridge. [Datum: NAD 1983].
    (c) Obtaining permission to enter or move within, the security 
zone: All vessels must obtain permission from the COTP or a Designated 
Representative to enter or move within, the security zone established 
in this section. Vessels with an operable Automatic Identification 
System (AIS) unit should seek permission from the COTP or a Designated 
Representative at least 1 hour in advance. Vessels with an operable AIS 
unit may contact VTS St. Marys River (Soo Traffic) on VHF channel 12. 
Vessels without an operable AIS unit should seek permission at least 30 
minutes in advance. Vessels without an operable AIS unit may contact 
Coast Guard Station St. Ignace on VHF channel 16.
    (d) Regulations. The general regulations in 33 CFR part 165 subpart 
D, apply to any vessel or person in the navigable waters of the United 
States to which this section applies. No person or vessel may enter the 
security zone established in this section unless authorized by the 
Captain of the Port or his designated representatives. Vessels and 
persons granted permission to enter the security zone shall obey all 
lawful orders or directions of the Captain of the Port or his 
designated representatives. All vessels entering or moving within the 
security zone must operate at speeds which are necessary to maintain a 
safe course and which will not exceed 12 knots.
    (e) Enforcement. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or not present in sufficient force to provide effective 
enforcement of this section, any Federal Law Enforcement Officer or 
Michigan Law Enforcement Officer may enforce the rules contained in 
this section pursuant to 33 CFR 6.04-11. In addition, the Captain of 
the Port may be assisted by other Federal, state or local agencies in 
enforcing this section pursuant to 33 CFR 6.04-11.
    (f) Exemption. Public vessels as defined in paragraph (a) of this 
section are exempt from the requirements in this section.
    (g) Waiver. For any vessel, the Captain of the Port Sault Ste. 
Marie may waive any of the requirements of this section, upon finding 
that operational conditions or other circumstances are such that 
application of this section is unnecessary or impractical for the 
purpose of port security, safety or environmental safety.
    (h) Enforcement period. This rule will be enforced Labor Day of 
each year; 6 a.m. (local) to 11:59 p.m. (midnight) (local).

    Dated: July 28, 2006.
E.Q. Kahler,
Captain, U.S. Coast Guard, Captain of the Port, Sault Ste. Marie.
 [FR Doc. E6-12947 Filed 8-8-06; 8:45 am]
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