[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Rules and Regulations]
[Pages 37517-37520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16997]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0084]
RIN 1625-AA00, AA11


Great Lakes--Regulated Navigation Areas and Safety Zones

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its Great Lakes Regulated 
Navigation Areas to include one additional regulated navigation area in 
Green Bay, WI and safety zones in the Lake Erie Islands, OH and Saginaw 
Bay, MI. These zones will apply during the winter months and are 
necessary to protect waterway users, vessels, and mariners from hazards 
associated with winter conditions and navigation.

[[Page 37518]]


DATES: This rule is effective September 11, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0084 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Matthew Stroebel, Ninth District Coast Guard 
Prevention, U.S. Coast Guard; telephone 216-902-6060, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LCA Lake Carrier's Association
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 22, 2015, the Coast Guard proposed a rule to establish three 
regulated navigation areas (RNA) and two safety zones in its Great 
Lakes area. These zones were intended to improve the safety of both 
recreational users and commercial shipping in high use areas. During 
the comment period that ended July 6, 2015, we received a total of 6 
comments. We received one comment from the Lake Carriers' Association 
stating that it found the rule unnecessary and expressed concern that 
the rule will impede vessels' ability to respond quickly and creatively 
to winter conditions. The comment suggested that COTP Orders 
specifically tailored to existing and forecasted conditions is a better 
way to respond to hazardous ice conditions. We agree that in Maumee Bay 
and the Straits of Mackinac, COTP orders can be used instead of an RNA 
since safety issues occur less frequently in these areas. Our 
determination is that in Green Bay an RNA is necessary due to the high 
concentration of recreational users and expected increased commercial 
vessel traffic in the zone.
    Based on the comments received regarding the May 22, 2015 NPRM, we 
amended the proposed rule and issued a supplemental notice of proposed 
rulemaking (SNPRM) on April 21, 2017. This supplemental notice of 
proposed rulemaking retracts the Coast Guard's proposals to create new 
regulated navigation areas in Maumee Bay and the Straits of Mackinac in 
accordance with the feedback received from the Lake Carriers 
Association. We also retracted our proposal to re-designate three 
existing regulated navigation areas as safety zones. Instead, this 
rulemaking proposed to add two safety zones in the Lake Erie Islands 
and Saginaw Bay to protect recreational ice users. We also proposed to 
add one regulated navigation area in Green Bay to manage increased 
commercial traffic in an area that typically experiences high volumes 
of recreational use.
    We received one comment from the Lake Carriers Association (LCA). 
As a result of the LCA's comment to the original NPRM we modified the 
rule to not include zones in Maumee Bay or the Straits of Mackinac. LCA 
commented that zones in those locations would be detrimental to 
industry. In response to the SNPRM, LCA engaged with their member 
corporations and did not receive any feedback opposing the addition of 
a regulated navigation area in Green Bay.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The District Commander has determined that there are potential 
hazards associated with commercial shipping traffic in close vicinity 
to recreational ice use. These areas attract recreational ice users 
during the 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 is establishing safety zones and a 
regulated navigation area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our SNPRM published 
April 21, 2017. This comment was not in opposition to the rule. There 
are no changes in the regulatory text of this rule from the proposed 
rule in the SNPRM.
    This rule establishes two safety zones, one in Saginaw Bay, MI, and 
the other in the Lake Erie Islands, OH. The safety zones will be 
activated when ice conditions warrant and will be deactivated when the 
ice dissipates in the spring. During the time the safety zones are 
active, vessels will not be permitted to transit through the zones 
which will protect recreational ice users from the dangers associated 
with icebreaking.
    This rule also establishes a regulated navigation area in southern 
Green Bay, WI. This RNA will allow the Coast Guard to regulate when 
commercial traffic is permitted in southern Green Bay and will give the 
public a minimum of 72 hours notice before a vessel is permitted to 
transit the area. This will best manage the risks associated with 
recreational ice users and vessels operating in Southern Green Bay.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The proposed amendments involve closure areas and a vessel 
management area, 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 Lake Erie Islands, OH, the Coast 
Guard notes that industry vessels have taken alternative routes 
bypassing the Lake 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 
Saginaw 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 regulated navigation area in Green Bay, it is 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.

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

[[Page 37519]]

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 received no comments 
from the Small Business Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    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. 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 
section.
    Small businesses may send comments on the 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). The Coast Guard will not retaliate against small 
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 Indian Tribal Governments

    A rule has implications for federalism under Executive Order 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive 
Order13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 an 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 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves amendments to navigation regulations and establishment of 
a safety zones. It is 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.

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 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. Revise Sec.  165.901 to read as follows:


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

    (a) The following are regulated navigation areas:
    (1) 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 Cheboygan Crib Light (LL-1340) 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.
    (2) Lake Michigan. (i) 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.
    (ii) 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.

[[Page 37520]]

    (b) Regulations:
    (1) In the RNAs under paragraph (a) 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 respective COTP may close and open these regulated 
navigation areas as ice conditions dictate.
    (2) Prior to the closing or opening of the regulated navigation 
areas, the COTP will give interested parties, including both shipping 
interests and island residents, not less than 72 hours notice of the 
action. This notice will be given through Broadcast Notice to Mariners, 
Local Notice to Mariners, and press releases to the media (radio, print 
and television), local COTP will ensure widest dissemination. No vessel 
may navigate in a regulated navigation area which has been closed by 
the COTP. 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.
    (c) The following are safety zones:
    (1) Lake Erie. The area known as the Lake Erie Islands which is 
defined as 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. 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.
    (d) Enforcement:
    (1) 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.
    (2) 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. This notice will be given 
through Broadcast Notice to Mariners, Local Notice to Mariners, and 
press releases to the media (radio, print and television), and the 
local COTP will ensure widest dissemination. 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.

    Dated: June 12, 2017.
J.E. Ryan,
Commander, RADM, U.S. Coast Guard, Ninth Coast Guard District.
[FR Doc. 2017-16997 Filed 8-10-17; 8:45 am]
 BILLING CODE 9110-04-P