[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Proposed Rules]
[Pages 29589-29592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11804]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0084]
RIN 1625-AA00, AA11


Great Lakes--Regulated Navigation Areas and Safety Zones

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its Great Lakes Regulated 
Navigation Areas regulations to include two safety zones to close 
designated waters for recreational ice users and three Regulated 
Navigation Areas to manage vessel traffic in ice-prone waterways. 
Further, the Coast Guard proposes to redefine (without changing) the 
three existing regulated navigation areas in the rule as safety zones. 
These proposed amendments provide needed updates to the regulations and 
align the rule with existing waterway regulations. The proposed 
amendments are necessary to protect waterway users, vessels, and 
mariners from hazards associated with winter conditions and navigation.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 6, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0084 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Matthew Stroebel, Ninth Coast Guard District 
Prevention; telephone 216-902-6060, email [email protected]. 
If you have questions on viewing or submitting material to the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826 or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2015-0084), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online at http://www.regulations.gov, or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online, it will be considered received by the Coast Guard when 
you successfully transmit the comment. If you fax, hand deliver, or 
mail your comment, it will be considered as having been received by the 
Coast Guard when it is received at the Docket Management Facility. We 
recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0084] in the ``Search'' box and click 
``Search.'' Click the ``Comment'' box on the line associated with this 
supplemental notice of proposed rulemaking. If you submit your comments 
by mail or hand delivery, submit them in an unbound format, no larger 
than 8\1/2\ by 11 inches, suitable for copying and electronic filing. 
If you submit comments by mail and would like to know that they reached 
the Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2015-0084 in the ``SEARCH'' box and click 
``Search.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with

[[Page 29590]]

the Department of Transportation to use the Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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.

B. Regulatory History and Information

    There is no recent regulatory history related to 33 CFR 165.901. 
The Coast Guard made a substantive amendment to the rule on August 4, 
1983 (48 FR 35402) to adjust the position of the second RNA on Lake 
Huron under Sec.  165.901(a)(2).

C. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish RNAs and limited access areas: 33 U.S.C. 1231; 46 U.S.C. 
Chapter 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 
and 160.5; Department of Homeland Security Delegation No. 0170.1.
    33 CFR 165.901 lists three Great Lakes RNAs--(1) the waters of Lake 
Huron known as South Channel; (2) the waters of Lake Huron between 
Mackinac Island and St. Ignace, Michigan; and (3) the waters of Lake 
Michigan known as Gray's Reefs passage. Although termed RNAs, these 
three areas are actually closure zones. Title 33 CFR 165.901(c) of the 
rule authorizes the Captain of the Port (COTP) Sault Sainte Marie to 
close and open the RNAs as ice conditions dictate. Normally, closures 
take place once in the winter with openings occurring in the spring. 
When closed, vessels are prohibited from navigating the RNAs without 
COTP authorization.
    The Coast Guard has identified the need for two additional closure 
areas on the Great Lakes, specifically, (1) designated waters of Lake 
Huron on Saginaw Bay, Michigan; and (2) U.S. waters of Lake Erie in the 
vicinity of the South Passage and the Erie Islands, Ohio. The specific 
coordinates for these closures areas are set forth in the proposed 
regulatory text under Sec.  165.901(a)(1)-(2). These areas attract 
recreational ice users during winter months. Vessel traffic would 
disrupt ice integrity in these areas and pose risks to these 
recreational waterway users, which may include people and vehicles 
falling through the ice. To mitigate these risks, the Coast Guard 
proposes to establish safety zones to close these areas to vessel 
traffic during the winter.
    The Coast Guard also identified the need for three vessel traffic 
management areas or RNAs on the Great Lakes. These areas generally 
include (1) the waters of Lake Erie known as the Maumee Bay Entrance 
Channel; (2) the waters connecting Lake Huron to Lake Michigan known as 
the Straits of Mackinac; and (3) the waters of Lake Michigan known as 
Green Bay. Specific coordinates for these RNAs are set forth in the 
proposed regulatory text under Sec.  165.901(c)(1)-(3). Vessel traffic 
ply the waters in these areas during winter months; however, seasonal 
ice conditions, which can worsen on short notice, pose risks to vessel 
traffic in these areas. To manage these risks, the Coast Guard proposes 
to establish RNAs in these areas to regulate vessel movement and 
safeguard vessel traffic. During periods of ice-cover, the Coast Guard 
anticipates issuing temporary vessel operating requirements, as 
provided for under 33 CFR 165.11, to promote the safe passage of 
vessels through the RNAs. Bases for these temporary traffic rules 
include winter navigation, channel obstructions, unusual weather 
conditions, or unusual water levels. Such temporary operating 
requirements may include transiting the RNA with an assist tug or 
standing fast until conditions permit safe passage.

D. Discussion of Proposed Rule

    In light of the foregoing discussion, the Coast Guard proposes to 
amend 33 CFR 165.901 to add two safety zones to protect recreational 
ice users and three RNAs to safeguard vessel traffic. In addition, the 
three closure areas in the rule, presently termed RNAs, will be 
redefined as safety zones. This redefinition will not affect the 
position or seasonal implementation of these closure areas. These 
proposed amendments will provide regulatory authority for the Coast 
Guard (1) to close designated waters on the Great Lakes to vessel 
traffic to protect recreational ice users during the winter season; (2) 
to manage vessel traffic in designated areas to protect vessels and 
mariners from dangers of ice conditions; and (3) to redefine the 
existing RNAs in the rule to safety zones. Since the existing closure 
areas do not involve vessel traffic management, they are more 
appropriately defined as safety zones, which generally provide for the 
closure of a waterway in the interest of safety.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

    This proposed 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. The Office of Management and 
Budget has not reviewed it under that Order. We conclude that this 
proposed rule is not a significant regulatory action because we 
anticipate that it will have minimal impact on the economy, will not 
interfere with other agencies, will not adversely alter the budget of 
any grant or loan recipients, and will not raise any novel legal or 
policy issues. The proposed amendments involve closure areas and vessel 
management areas, designed to be implemented only during winter months, 
as ice conditions dictate. As to the impact of the closure area on Lake 
Erie near the South Channel and the Erie Islands, OH, the Coast notes 
that industry vessels have taken alternative routes bypassing the Erie 
Islands when recreational ice users are present. The Coast Guard 
anticipates the same practice when this area is closed. Further, 
regarding the closure area on the waters of Lake Huron in Saginaw Bay, 
Michigan, the Coast Guard anticipates closing the bay after giving due 
consideration to industry's need to traverse the area. Moreover, under 
certain circumstances, the Coast Guard may permit vessel traffic to 
transit the closure areas. Regarding the three proposed vessel 
management areas, they are designed to regulate the conditions of 
vessel transit for safety. Overall, we expect the economic impact of 
this proposed rule to be minimal and that a full Regulatory Evaluation 
is unnecessary.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit

[[Page 29591]]

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. This proposed rule may affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit the proposed safety zones and 
RNAs during the winter months.
    These proposed amendments will not have a significant economic 
impact on a substantial number of small entities for the reasons cited 
in the Regulatory Planning and Review section.
    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.

3. 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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 the person listed in the FOR 
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

4. 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.).

5. 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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 proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

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

9. 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.

10. Protection of Children

    We have 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 would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. Energy Effects

    We have 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. 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.

13. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272) 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide 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 this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. Because this proposed rule 
involves amendments to navigation regulations and establishment of a 
safety zones, it is categorically excluded under paragraph 34(g) of the 
Commandant Instruction. A Categorical Exclusion Determination (CED) and 
an environmental analysis checklist are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a

[[Page 29592]]

significant environmental impact from this proposed rule.

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 proposes 
to amend 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.
0
2. Revise Sec.  165.901 to read as follows:


Sec.  165.901  Great Lakes--regulated navigation areas and safety 
zones.

    (a) The following are safety zones:
    (1) Lake Erie. The U.S. waters of Lake Erie at the intersection of 
the International Border at 082[deg]55'00'' W., following the 
International Border eastward to the intersection of the International 
Border at 082[deg]35'00'' W., moving straight south to position 
41[deg]25'00'' N., 082[deg]35'00'' W., continuing west to position 
41[deg]25'00'' N., 082[deg]55'00'' W., and ending north at the 
International Border and 082[deg]55'00'' W.
    (2) Lake Huron. (i) The waters of Lake Huron known as South Channel 
between Bois Blanc Island and Cheboygan, Michigan; bounded by a line 
north from the mainland at 45[deg]39'48'' N., 84[deg]27'36'' W.; to 
Bois Blanc Island at 45[deg]43'42'' N., 84[deg]27'36'' W.; and a line 
north from the mainland at 45[deg]43'00'' N., 84[deg]35'30'' W.; to the 
western tangent of Bois Blanc Island at 45[deg]48'42'' N., 
84[deg]35'30'' W.
    (ii) The waters of Lake Huron between Mackinac Island and St. 
Ignace, Michigan, bounded by a line east from position 45[deg]52'12'' 
N., 84[deg]43'00'' W.; to Mackinac Island at 45[deg]52'12'' N., 
84[deg]39'00'' W.; and a line east from the mainland at 45[deg]53'12'' 
N., 84[deg]43'30'' W.; to the northern tangent of Mackinac Island at 
45[deg]53'12'' N., 84[deg]38'48'' W.
    (iii) The waters of Lake Huron known as Saginaw Bay, Michigan; 
bounded by a line from Port Austin Reef Light (LL-10275) at 
44[deg]04'55'' N., 082[deg]58'57'' W.; to Tawas Light (LL-11240) at 
44[deg]15'13'' N., 083[deg]26'58'' W.; to Saginaw Bay Range Front Light 
(LL-10550) at 43[deg]38'54'' N., 083[deg]51'06'' W.; then to the point 
of beginning.
    (3) Lake Michigan. The waters of Lake Michigan known as Gray's Reef 
Passage bounded by a line from Gray's Reef Light (LL-2006) at 
45[deg]46'00'' N., 85[deg]09'12'' W.; to White Shoals Light (LL-2003) 
at 45[deg]50'30'' N., 85[deg]08'06'' W.; to a point at 45[deg]49'12'' 
N., 85[deg]04'48'' W.; then to a point at 45[deg]45'42'' N., 
85[deg]08'42'' W.; then to the point of beginning.
    (b) Regulations. The District Commander or respective Captain of 
the Port (COTP) will enforce these safety zones as ice conditions 
dictate. Under normal seasonal conditions, only one closing each winter 
and one opening each spring are anticipated. Prior to closing or 
opening these safety zones, the District Commander or respective COTP 
will give the public advance notice, not less than 72 hours prior to 
the closure. The general regulations in 33 CFR 165.23 apply. The 
District Commander or respective COTP retains the discretion to permit 
vessels to enter/transit a closed safety zone under certain 
circumstances.
    (c) The following are regulated navigation areas (RNAs):
    (1) Lake Erie. The waters of Lake Erie known as the Maumee Bay 
Entrance Channel between Maumee Bay Entrance Channel Light at 
41[deg]49'32'' N., 083[deg]11'37'' W.; and Grassy Island at 
41[deg]42'23'' N., 083[deg]26'49'' W.
    (2) Straits of Mackinac. The waters connecting Lake Huron to Lake 
Michigan known as the Straits of Mackinac from Lansing Shoal Light at 
45[deg]54'8'' N., 085[deg]33'25'' W. southwest to 45[deg]50'7'' N., 
085[deg]34'3'' W. to Old Mackinac Point Lighthouse at 45[deg]47'36'' 
N., 084[deg]44'23'' W. eastward to Bois Blanc Island at 45[deg]49'7'' 
N., 084[deg]34'28'' W. then northwest to Mackinaw Island at 
45[deg]51'5'' N., 084[deg]36'19'' W., encompassing Round Island, 
westward to the northern point of the Mackinaw Bridge at 45[deg]50'57'' 
N., 084[deg]43'47'' W. and returning to the beginning at Lansing Shoal 
Light.
    (3) Green Bay. The waters of Lake Michigan known as Green Bay from 
Rock Island Passage or Porte Des Morts Passage north to Escanaba Light 
at 45[deg]44'48'' N., 087[deg]02'14'' W.; south to the Fox River 
Entrance at 44[deg]32'22'' N., 088[deg]00'19'' W., to the Sturgeon Bay 
Ship Canal from Sherwood Point Light at 44[deg]53'34'' N., 
087[deg]26'00'' W.; to Sturgeon Bay Ship Canal Light at 44[deg]47'42'' 
N., 087[deg]18'48'' W.; and then to the point of beginning.
    (d) Regulations. In the RNAs under paragraph (c) of this section, 
the District Commander or respective COTP may issue orders to control 
vessel traffic for reasons which include but are not limited to: 
channel obstructions, winter navigation, unusual weather conditions, or 
unusual water levels. Prior to issuing these orders, the District 
Commander or respective COTP will provide advance notice as reasonably 
practicable under the circumstances. The general regulations in 33 CFR 
165.13 apply. The District Commander or respective COTP retains the 
discretion to authorize vessels to operate outside of issued orders.

    Dated: May 4, 2015.
F. M. Midgette,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2015-11804 Filed 5-21-15; 8:45 am]
 BILLING CODE 9110-04-P