[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Rules and Regulations]
[Pages 28743-28744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12955]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0493]
RIN 1625-AA00


Safety Zones; Tug Nancy Anne, Jack-Up Barge JUB-100, and M/V 
Highland Eagle Operating in the Straits of Mackinac, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones in 
the Captain of the Port, Sault Sainte Marie zone. These temporary 
safety zones are necessary to protect the public, and contractors from 
potential hazards associated with geotechnical sampling by persons 
conducting bore hole drilling 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 Nancy Anne, Jack-Up Barge JUB-
100, and the Motor Vessel (M/V) Highland Eagle without authorization 
from the Captain of the Port.

DATES: This rule is effective without actual notice from June 20, 2019 
through 30 September 2019. For the purposes of enforcement, actual 
notice will be used from June 17, 2019, through June 20, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0493 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 about this rule, 
call or email LT Sean V. Murphy, Sector Sault Sainte Marie Waterways 
Management Division, U.S. Coast Guard at telephone (906) 635-3223, and 
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 an 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 
an opportunity to comment when the agency, for good cause, finds that 
those procedures are impracticable, unnecessary, or contrary to the 
public interest. Pursuant to 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. The final details of 
the specific dates, vessel names, and safety zone distances concerning 
the safety zones were not finalized within a sufficient time to allow 
for notice and a subsequent 30-day comment period before the 
commencement of geotechnical sampling operations. Delaying this rule to 
allow for a notice and comment period 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 geotechnical sampling.
    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. For the same reasons discussed in 
the preceding paragraph, delaying the effective date of this rule would 
be impracticable and contrary to public interest because immediate 
action is needed to respond to the potential safety hazards associated 
with geotechnical sampling.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sault Sainte 
Marie (COTP) has determined that potential hazards associated with 
geotechnical sampling starting June 17, 2019, will be a safety concern 
for anyone within a 500-yard radius of all U.S. navigable waters of the 
Tug Nancy Anne, Jack-Up Barge JUB-100, and the Motor Vessel (M/V) 
Highland Eagle conducting bore hole drilling. This rule is needed to 
protect personnel and vessels in the navigable waters within the safety 
zones while geotechnical sampling is conducted.

IV. Discussion of the Rule

    This rule establishes two safety zones from June 17, 2019 through 
September 30, 2019. The safety zones will cover all navigable waters 
within 500 yards of the Tug Nancy Anne, Jack-Up Barge JUB-100, and M/V 
Highland Eagle. The duration of the zone is intended to protect 
personnel and vessels in these navigable waters while vessels conduct 
geotechnical sampling. 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 also 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 and 
location of the safety zones. Vessel traffic will be able to safely 
transit around this safety zone which would impact a small designated 
area of the Straits of Mackinac. Moreover, the Coast Guard would issue 
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
zone.

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.
    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

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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 of 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 businesses. 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.

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 
Directive 023-01 and Coast Guard Environmental Planning Policy, 
COMDTINST 5090.1 (series), 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 does not individually or cumulatively have a significant 
effect on the human environment. This rule involves two safety zones 
that will prohibit entry within 500 yards of U.S. navigable waters of 
vessels, barges, and machinery being used by personnel to conduct 
geotechnical sampling. It is categorically excluded from further review 
under paragraph L60[a] in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures 5090.1. 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 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.T09-0493 to read as follows:


Sec.  165.T09-0493  Safety Zones; Tug Nancy Anne, Jack-Up Barge JUB-
100, and M/V Highland Eagle operating in the Straits of Mackinac, MI.

    (a) Location. The following areas are safety zones: All navigable 
waters within 500 yards of Tug Nancy Anne and Jack-Up Barge JUB-100 
while conducting geotechnical sampling in the Straits of Mackinac, and 
all navigable waters within 500 yards of Motor Vessel (M/V) Highland 
Eagle while conducting geotechnical sampling in the Straits of 
Mackinac.
    (b) Definitions. As used in this section, designated representative 
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 Sainte Marie (COTP) in the enforcement of the 
safety zone.
    (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 
zones, 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 orders given to them 
by the Captain of the Port, Sault Sainte Marie or his on-scene 
representative.
    (d) Enforcement period. This section will be enforced from June 17, 
2019 through September 30, 2019.

    Dated: June 13, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-12955 Filed 6-19-19; 8:45 am]
 BILLING CODE 9110-04-P