[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Proposed Rules]
[Pages 41935-41937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14100]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 162
[Docket Number USCG-2019-0899]
RIN 1625-AC04
Inland Waterways Navigation: St. Marys River, Sault Ste. Marie,
Michigan
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to exempt vessels under 20 meters
(65 feet) in length operating in the St. Mary's River along Michigan's
eastern Upper Peninsula from certain speed rules. Exempting such
vessels from these rules is necessary because enforcement is
impractical and the rules impede the operations of public response
vessels. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 12, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0899 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LTJG Blake Bonifas, Waterways
Management, Ninth Coast Guard District, Cleveland, OH, telephone (216)
902-6066, 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, Purpose, and Legal Basis
The inland navigation rules for the St. Marys River along
Michigan's eastern Upper Peninsula are prescribed by 33 CFR 162.117.
These rules include speed limits for stretches of the St. Marys River
demarcated by lights.
U.S. Coast Guard Vessel Traffic Services (VTS) St. Mary's River
monitors and directs vessel traffic movement within the VTS St. Marys
River area through a Vessel Movement Reporting System (VMRS). This VTS
area overlaps the length of the St. Marys River governed by the speed
rules in Sec. 162.117(g). The VMRS requires users, generally including
commercial vessels of 20 meters or more, to report information,
including their position, course, and speed. These users report their
information through radio communications and Automatic Identification
System (AIS). Because VTS St. Marys River tracks speed for VMRS users,
it can and does enforce the speed rules in Sec. 162.117(g) on these
users.
Many non-VMRS vessels transit the length of the St. Marys River
governed by the speed rules in Sec. 162.117(g). These vessels
generally include private vessels under 20 meters. As non-VMRS users,
these vessels are not required to report their speed to the VTS St.
Marys River. Additionally, unlike commercial vessels of 20 meters or
more, these vessels are not required to operate with AIS, the prevalent
means of reporting location, course, and speed to VTS St. Marys River.
Because the VTS St. Marys River cannot track these non-VMRS vessels, it
cannot, realistically, enforce the speed rules in Sec. 162.117(g) on
these vessels.
The speed rules in Sec. 162.117(g) also impact the operational
effectiveness of public response vessels in the St. Marys River. These
vessels include small boats, generally under 20 meters, operated by the
U.S. Coast Guard and federal, Canadian, state, and local partners.
These small boats respond to pollution incidents, marine casualties,
and perform search and rescue and law enforcement operations throughout
the St. Marys River. These operations require public vessels to deploy
and be on-scene rapidly. The speed rules impede response times and
degrade operational effectiveness to the detriment of the boating
public and industry.
Because the speed rules in 162.117(g) are not enforceable on non-
VMRS users and impact operational effectiveness of public response
boats, this rule proposes to exempt vessels under 20 meters (65 feet)
from these speed rules.
This proposed exemption is not anticipated to impact the St. Marys
River VTS, VMRS, or its users. Additionally, it is not intended to
relieve vessels under 20 meters from the responsibility to boat safely
and exercise good seamanship. This proposed rule is issued under the
authority of 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard is proposing to amend the speed rules in 33 CFR
162.117(g), because, as they are currently written, they are too broad
and unnecessarily restrict vessel operations. Specifically, this rule
proposes to exempt vessels under 20 meters (65 feet) from the speed
rules in 162.117(g). The regulatory text we are proposing appears at
the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 fact that we
do not anticipate that it will adversely affect the economy, will not
interfere with other agencies, will not adversely alter the budget of
any grant of loan recipients, and will not raise any novel legal or
policy issues. Rather, permitting vessels under 20 meters to operate
free of the speed rules in 33 CFR 162.117(g)
[[Page 41936]]
will lessen restrictions on the public and enable public vessels to
engage unimpeded in response operations.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This proposed amendment will lessen navigation restrictions on
public entities, a large majority of recreational vessel owners and
private businesses who operate small commercial vessels.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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 call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Environmental Planning 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 made
a preliminary determination 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 proposed rule involves an
amendment to navigation regulations for speed limits within a waterway.
Normally such actions are categorically excluded from further review
under paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A preliminary Record of Environmental
Consideration supporting this determination is 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 proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 162
Navigation (water), Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 162 as follows:
PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS
0
1. The authority citation for part 162 is revised to read as follows:
Authority: 46 U.S.C 70034; Department of Homeland Security
Delegation No. 0170.1.
[[Page 41937]]
0
2. In Sec. 162.117, revise paragraph (g)(1) to read as follows:
Sec. 162.117 St. Marys River, Sault Ste. Marie, Michigan.
* * * * *
(g) Speed Rules. (1) The following speed limits indicate speed over
the ground. Vessels, other than those under 20 meters (65 feet) in
length, must adhere to the following speed limits.
* * * * *
Dated: June 9, 2020.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2020-14100 Filed 7-10-20; 8:45 am]
BILLING CODE 9110-04-P