[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39023-39025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17404]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2017-0789; 1625-AA00]


Safety Zone; St. Marys River, Sault Ste. Marie, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 200-yard radius of the position of the 
grounded vessel, M/V CALUMET on the north end of Sugar Island. The 
safety zone is needed to provide for the safety of life and property on 
the navigable waters during emergency salvage operations onboard a bulk 
carrier that ran aground. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port, 
Sault Ste. Marie.

DATES: This rule is effective with actual notice from August 10, 2017 
until August 17, 2017. This rule is effective without actual notice on 
August 17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0789 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 LTJG Sean V. Murphy, Waterways Management Chief, Sector 
Sault Ste. Marie, U.S. Coast Guard; telephone 906-635-3223, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
M/V Motor Vessel

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 M/V CALUMET ran aground on the north 
side of Sugar Island in the St. Marys River on the night of 09 August 
2017 and immediate action is needed to investigate the incident and 
respond to the potential safety hazards associated with salvage of the 
vessel. It is impracticable to publish an NPRM because the Coast Guard 
must establish this safety zone by 10 August 2017.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
investigate the incident and respond to the potential safety hazards 
associated with emergency salvage operations of M/V CALUMET.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Sault Ste. Marie (COTP) has determined that 
potential hazards associated with emergency salvage operations starting 
10 August 2017 will be a safety concern for anyone within a 200-yard 
radius of the aground vessel in position 46-29.3N 084-18.1W. This rule 
is needed to protect personnel, vessels, and the marine environment in 
the navigable waters within the safety zone while the incident is 
investigated and the vessel is salvaged.

IV. Discussion of the Rule

    This rule establishes a safety zone from August 10, 2017 to August 
17, 2017. The safety zone will cover all navigable waters within 200 
yards of the aground M/V CALUMET in position 46-29.3N 084-18.1W. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters while the incident is 
investigated and the vessel is salvaged. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and limited duration of the safety zone. We conclude that 
this rule is not a

[[Page 39024]]

significant regulatory action because we anticipate that it will have 
minimal and short-term impact on the economy, especially as balanced 
against the risk of serious environmental consequences and potential 
long-term delays and economic loss to industry posed by the grounded 
vessel if this rule is not enacted. Further, this regulatory action 
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 of 
relatively small size and short duration, and it is designed to 
minimize the impact on navigation. Moreover, vessels may still transit 
through the regulated area when permitted by the Captain of the Port or 
his on-scene representative.

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 
will not have a significant economic impact on a substantial number of 
small entities.
    (1) This rule will affect the following entities, some of which may 
be small entities: the owners and operators of vessels intending to 
transit or anchor in a portion of the navigable waters in the St. Marys 
River, Sault Ste. Marie, MI.
    (2) This safety zone will not have a significant economic impact on 
a substantial number of small entities for the following reasons: There 
is ample room in the channel for recreational vessels to transit 
outside of the safety zone. The Coast Guard will notify mariners before 
activating the zone by appropriate means which may include but are not 
limited to an Advisory Notice and Broadcast Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 Order 
13132.
    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 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 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 a safety zone lasting 7 days that will prohibit entry 
within 200 yards of the aground M/V CALUMET. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

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. Add Sec.  165.T09-0789 to read as follows:


Sec.  165.T09-0789   Safety Zone; St. Marys River, Sault Ste. Marie, 
MI.

    (a) Location. The following area is a safety zone: All waters 
within a 200 yard radius from the aground M/V CALUMET, in position 46-
29.3N 084-18.1W, from surface to bottom. These coordinates are based on 
WGS 84.
    (b) Definitions. As used in this section, designated representative

[[Page 39025]]

means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sault Ste. Marie (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by calling the Sector Sault Ste. Marie Command Center at 
906-635-3319. Those in the safety zone must comply with all lawful 
orders or directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section will be enforced between 
August 10, 2017 through August 17, 2017.

    Dated: August 11, 2017.
M.R. Broz,
Captain, U.S. Coast Guard, Captain of the Port Sault Ste. Marie.
[FR Doc. 2017-17404 Filed 8-16-17; 8:45 am]
 BILLING CODE 9110-04-P