[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Proposed Rules]
[Pages 13958-13960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05235]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0085]
RIN 1625-AA00


Temporary Safety Zone; Tugs Champion, Valerie B, Nancy Anne and 
Barges Kokosing I, Kokosing III, Kokosing IV Operating in the Straits 
of Mackinac, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable water within a 500-yard radius of several tugs and barges 
in the Straits of Mackinac. The safety zone is needed to protect 
personnel, vessels, and the marine environment from the potential 
hazards created by the work, survey, and inspection conducted within 
the Straits of Mackinac. Entry of vessels or persons into the zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sault Sainte Marie or their designated representative. Due to the 
lengthy duration of this safety zone, the Coast Guard is accepting and 
reviewing public comments until March 31, 2022. While this document is 
effective beginning April 15, 2022, the Coast Guard reserves the right 
to modify the safety zone if an issue is raised by the public comments 
that requires such a modification. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 11, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0085 using the Federal Decision Making 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 on this rule, 
call or email LT Deaven S. Palenzuela, Sector Sault Sainte Marie 
Waterways Management Division, U.S. Coast Guard at (906) 635-3223 or 
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

    On February 3, 2022, the Project Manager of Kokosing Industrial 
notified the Coast Guard that they are contracted by American 
Transmission Company (ATC) for the pupose of protecting their new 138kV 
submarine power cables installed in the Straits of Mackinac RNA in 
2021. Pursuant to 33 CFR 165.944, Kokosing sent the Coast Guard a 
letter notifying their 2022 project proposal and request to anchor and 
work inside the regulated navigation area (RNA) within one nautical 
mile of submerged pipeline/cable.
    The Captain of the Port Sault Sainte Marie (COTP) has determined 
that potential hazards associated with the work, survey, and inspection 
of underwater infrastructure within the

[[Page 13959]]

Straits of Mackinac starting April 15, 2022 will be a safety concern 
for anyone within a 500-yard radius of the tugs and barges. The purpose 
of this rulemaking is to ensure the safety of vessels and the navigable 
waters within a 500-yard radius of the working tugs and barges 
affiliated with the pipeline work in the Straits of Mackinac. The Coast 
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    In accordance with 33 CFR 165.944(c)(4), vessels are prohibited 
from anchoring in any charted submerged pipeline or cable areas within 
the Stratis of Mackinac RNA; except when expressly permitted by the 
COTP. Kokosing underwent the proper procedures to notify the COTP their 
project proposal within the Straits of Mackinac RNA by submitting a 
letter requesting to anchor within one nautical mile of submerged 
infrastructure.
    This rule establishes a temporary safety zone from April 15, 2022 
to December 31, 2022. The safety zone will cover all navigable waters 
within 500 yards of the tugs and barges being used to work, survey, and 
inspect within the Straits of Mackinac Regulated Navigation Area. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters while the operation is 
conducted. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative.

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. 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).
    This regulatory action determination is based on the size and 
location of the safety zone. 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 will 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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, 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 a safety 
zone that will prohibit entry within 500 yards of tugs and barges used 
to work, survey, and inspect within the Straits of Mackinac. Normally 
such actions are categorically excluded from further review under 
paragraph L[60(a)] of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is

[[Page 13960]]

available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG- 2022-0085 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 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. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T09-0085 to read as follows:


Sec.  165.T09-0085   Safety Zone; Tugs Champion, Valerie B, Nanacy Anne 
and Barges Kokosing I, Kokosing III, Kokosing IV operating in the 
Straits of Mackinac, MI.

    (a) Location. The following areas are safety zones: All navigable 
water within 500 yards of the Tugs Valerie B, Nancy Anne, Champion and 
Barges Kokosing I, III, and IV while conducting work, surveys, and 
inspection within 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) is prohibited unless authorized by the 
Captain of the Port, Sault Sainte Marie or his designated 
representative. (2) Before a vessel operator may enter or operate 
within the safety zones, theymust obtain permission from the Captain of 
the Port, Sault Sainte Marie, or his designated 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 designated representative.
    (d) Enforcement period. This section will be enforced from April 
15, 2022 to December 31, 2022.

    Dated: March 8, 2022
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2022-05235 Filed 3-10-22; 8:45 am]
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