[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Rules and Regulations]
[Pages 23490-23492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10700]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0387]
RIN 1625-AA00


Safety Zone; Tug CHAMPION and Deck Barge MM-142 Operating in the 
Straits of Mackinac

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Captain of the Port, Sault Sainte Marie zone. This temporary safety 
zone is necessary to protect the public, contractors, and the 
contractor's equipment from potential hazards associated with drilling, 
coring and surveying by persons conducting cable replacement and 
subsurface investigations in the Straits of Mackinac. Vessels will not 
be able to operate in certain U.S. navigable waters in the Straits of 
Mackinac within 500 yards of the Tug Champion and Deck Barge MM-142 
without authorization from the Captain of the Port.

DATES: This rule is effective without actual notice from May 22, 2019 
through 7 p.m. on June 7, 2019. For the purposes of enforcement, actual 
notice will be used from 7 a.m. to 7 p.m. daily from May 17, 2019, 
through June 7, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0387 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 CWO Robert A Gruschow, Sector Sault Sainte Marie 
Waterways Management Division, U.S. Coast Guard; telephone (906) 253-
2246, 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

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 doing so would be impracticable and 
contrary to the public interest. Drilling and coring must be done so 
that the American Transmission Company can begin the replacement of the 
servicing lines. Delaying this rule to wait for a notice and comment 
period to run would be impracticable and contrary to the public 
interest because it would inhibit the Coast Guard's ability to protect 
the public from the potential hazards associated with drilling, coring 
and surveying.
    We are issuing this final rule, and under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making it effective less 
than 30 days after publication in the Federal Register. For the same 
reasons discussed in the preceding paragraph, a 30 day notice period 
would be impracticable and contrary to the public interest. It is 
impracticable to publish an NPRM because we must establish this safety 
zone immediately to protect the public from the hazards associated with 
drilling, coring and surveying.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 46 U.S.C. 7003; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The American Transmission Company is scheduled to conduct cable 
replacement and subsurface investigations in the Straits of Mackinac 
from 7 a.m. to 7 p.m. daily from May 17, 2019 through June 7, 2019. 
This rule is needed to protect the public and responders within the 
safety zone from potential hazard associated with drilling, coring and 
surveying by persons on the Tug CHAMPION and Deck Barge MM-142 while 
this work is being done.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 7 
a.m. to 7 p.m. daily from May 17, 2019 through June 7, 2019, unless 
drilling coring and surveying work is completed before June 7. If the 
COTP determines the rule

[[Page 23491]]

need not to be enforced through June 7, he will issue a general 
permission to enter the zone and will issue a separate rule to 
terminate this regulation.
    The safety zone will cover all U.S. navigable waters of the Straits 
of Mackinac bounded by longitudes 084[deg]20' W and 085[deg]10' W and 
latitudes 045[deg]39' N and 045[deg]54' N that are within 500 yards of 
where Tug CHAMPION and Deck Barge MM-142 will be operating. This rule 
is necessary to ensure the safety of the public and surveyors during 
these operations.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port, Sault Sainte 
Marie, or a designated on-scene representative. The Captain of the Port 
or a designated on-scene representative may be contacted via VHF 
Channel 16 or telephone at 906-635-3233.

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, the 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.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that 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 is 
confined to area encompassing emergency operations. Under certain 
conditions, moreover, vessels may still transit through the safety 
zones when permitted by the Captain of the Port.

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.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of the vessels intending to 
transit or anchor in the vicinity of the safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons identified in the 
Regulatory Planning and Review section. Further, the Coast Guard will 
give advance notice to the public via a Broadcast Notice to Mariners so 
the public 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. 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, which guides 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 establishment of a 
safety zone of limited size and duration. It is categorically excluded 
from further review under paragraph L60d of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev.01. A Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated in the ADDRESSES section of this preamble. 
However, we seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

[[Page 23492]]

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 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: 46 U.S.C. 70034, 70051; 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.T09-0387 to read as follows:


Sec.  165.T09-0387  Safety Zone; Temporary Safety Zone (500 yards)--
around the Tug CHAMPION and Deck Barge MM-142 operating in the Straits 
of Mackinac.

    (a) Location. The following areas are temporary safety zones: All 
U.S. navigable waters of the Straits of Mackinac bounded by longitudes 
084[deg]20' W and 085[deg]10' W and latitudes 045[deg]39' N and 
045[deg]54' N, within 500 yards of where the Tug CHAMPION and Deck 
Barge MM-142 will be operating.
    (b) Definitions. The ``on-scene representative'' of the Captain of 
the Port, Sault Sainte Marie is any Coast Guard commissioned, warrant 
or petty officer who has been designated by the Captain of the Port, 
Sault Sainte Marie to act on his or her behalf. The on-scene 
representative of the Captain of the Port, Sault Sainte Marie will be 
aboard a Coast Guard vessel.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within the safety 
zone described in paragraph (a) of this section is prohibited unless 
authorized by the Captain of the Port, Sault Sainte Marie or his on-
scene representative.
    (2) Before a vessel Operator may enter or operate within the safety 
zone, they must obtain permission from the Captain of the Port, Sault 
Sainte Marie, or his on-scene representative via VHF Channel 16 or 
telephone at (906) 635-3233. Vessel operators given permission to enter 
or operate in the safety zone must comply with all directions given to 
them by the Captain of the Port, Sault Sainte Marie or his on-scene 
representative.

    Dated: May 17, 2019.
C.L. Moberley,
Commander, U.S. Coast Guard, Captain of the Port, Sault Sainte Marie, 
Acting.
[FR Doc. 2019-10700 Filed 5-21-19; 8:45 am]
BILLING CODE 9110-04-P