[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Rules and Regulations]
[Pages 70687-70689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29171]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0994]
RIN 1625-AA00


Safety Zone; Unknown Substance in the Vicinity of Kelley's Island 
Shoal, Lake Erie; Kelley's Island, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Lake Erie in the vicinity of Kelley's Island Shoal, OH. 
This zone is intended to restrict vessels from a portion of Lake Erie 
due to the presence of an unknown substance emanating from an unknown 
vessel. This temporary safety zone is necessary to protect people and 
vessels from the hazards associated with this event.

DATES: This rule is effective without actual notice from November 16, 
2015 until 8 p.m. November 24, 2015. For the purposes of enforcement, 
actual notice will be used from 2 p.m. October 25, 2015, until November 
16, 2015.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2015-0994 and are available online 
by going to www.regulations.gov, type the docket number in the 
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the 
line associated with this rulemaking. They are also available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

[[Page 70688]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, contact or email LT Jennifer Disco, U.S. Coast 
Guard Marine Safety Unit Toledo, telephone (419) 418-6000, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency, for good cause, finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under 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 doing so would be 
impracticable. The Coast Guard received notification of the unknown 
substance emanating from an unknown vessel on the evening of October 
23, 2015. Thus, waiting for a notice and comment period to run would 
inhibit the Coast Guard from protecting the public and vessels from the 
possible hazards associated with this unknown substance.
    Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security 
Delegation No. 0170.1. The Captain of the Port Detroit (COTP) has 
determined that a temporary safety zone is necessary to ensure the 
safety of vessels from the unknown hazards associated with this 
substance. Such hazards include the possibility of an inhalation hazard 
that may cause death or serious bodily harm.
    Establishing a safety zone to control vessel movements around the 
location of the unknown substance will help ensure the safety of 
persons and property during assessment and response activities and help 
minimize the associated risks. Therefore, this rule will remain in 
place for the time stated herein but will be canceled if response 
activities cease before 24 November 2015.

IV. Discussion of Rule

    This rule establishes a safety zone from 2 p.m. on October 25, 2015 
until 8 p.m. on November 24, 2015. The safety zone will encompass all 
U.S. navigable waters of Lake Erie within a 1000 foot radius of 
41[deg]38'21'' N., 82[deg]29'35'' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP or a designated 
representative. Vessel operators must contact the COTP or his on-scene 
representative to obtain permission to transit through this safety 
zone. The COTP or his on-scene representative may be contacted via VHF 
Channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O. 
13563, Improving Regulation and Regulatory Review, and does not require 
an assessment of potential costs and benefits under section 6(a)(3) of 
E.O. 12866 or under section 1 of E.O. 13563. The Office of Management 
and Budget has not reviewed it under those Orders.
    We conclude that this 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 safety zone created by this rule will be 
relatively small and enforced for a relatively short duration, and it 
is designed to minimize the impact on navigation. Moreover, under 
certain conditions, vessels may still transit through the safety zone 
when permitted by the COTP.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in designated portions of Lake Erie from 2 p.m. on 
October 25, 2015 until 8 p.m. on November 24, 2015.
    This safety zone 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. Additionally, before the 
enforcement of the zone, Coast Guard Sector Detroit will issue a local 
Broadcast Notice to Mariners so vessel owners and operators can plan 
accordingly.
    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 on them. If this 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 section above. The 
Coast Guard will not retaliate against entities that question or 
complain about this rule or any policy or action of the Coast Guard.

C. 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).

D. Federalism and Tribal Implications

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it would not have a substantial direct

[[Page 70689]]

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. 
If you believe this rule has implications for federalism or Indian 
tribes, please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section above.

E. 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 rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves the establishment of a safety zone and is therefore 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. 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.

H. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

I. Civil Justice Reform

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

J. Protection of Children

    We have analyzed this rule under E.O. 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.

K. Energy Effects

    This action is not a ``significant energy action'' under E.O. 
13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping 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:  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. Add Sec.  165.T09-0994 to read as follows:


Sec.  165.T09-0994  Safety Zone; Unknown Substance in the Vicinity of 
Kelley's Island Shoal, Lake Erie; Kelley's Island, OH.

    (a) Location. The following area is a temporary safety zone: 
Unknown substance from an unknown vessel in the vicinity of Kelley's 
Island Shoal, Lake Erie; Kelley's Island, OH. The safety zone will 
encompass all U.S. navigable waters of Lake Erie within a 1000 foot 
radius of 41[deg]38'21'' N, 82[deg]29'35'' W. All coordinates are North 
American Datum 1983 (NAD 83).
    (b) Enforcement period. The safety zone described in paragraph (a) 
of this section will be enforced from 2 p.m. on October 25, 2015 until 
8 p.m. on November 24, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within these safety 
zone is prohibited unless authorized by the Captain of the Port, Sector 
Detroit (COTP) or his designated on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP, via the Command Center, or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State, or local 
law enforcement officer designated by or assisting the COTP to act on 
his behalf.
    (4) Vessel operators must contact the COTP via the Command Center 
to obtain permission to enter or operate within the safety zone. The 
COTP may be contacted via VHF Channel 16 or at 313-568-9560. Vessel 
operators given permission to enter or operate in the safety zone must 
comply with all directions given to them by the COTP, via the Sector 
Command Center or his on-scene representative.

    Dated: October 25, 2015.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2015-29171 Filed 11-13-15; 8:45 am]
 BILLING CODE 9110-04-P