[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Rules and Regulations]
[Pages 36675-36677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09611]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0313]
RIN 1625-AA00


Safety Zone; Pipeline 5 HAUV/ROV Survey; Straits of Mackinac, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 500-yard radius of the vessels Ugle Duckling 
and Streak. The safety zone is necessary to protect vessels while a 
HAUV/ROV survey is conducted of the Enbridge Line 5 pipelines. Entry of 
vessels into this zone is prohibited unless authorized by the Captain 
of the Port Sector Northern Great Lakes (COTP).

DATES: This rule is effective from May 28, 2024, 5:30 a.m. through July 
31, 2024, 6:30 p.m. local time. Comments and related material must be 
received by the Coast Guard on or before May 20, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0313 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LT Rebecca Simpson, Sector Northern Great Lakes Waterways 
Management Division, 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
HAUV Hybrid Autonomous Underway Vehicle
ROV Remotely Operated Vehicle

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 it is impracticable.
    It is impracticable to publish an NPRM because this safety zone 
must be established by May 28, 2024, and we lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing the rule.
    For the same reasons discussed in the preceding paragraph, a 30 day 
delay of the effective date would be contrary to public interest 
because action is needed to respond to the potential safety hazards 
associated with the HAUV/ROV survey of the Enbridge Line 5 pipelines 
and the potential hazard from other vessels transiting the Straits of 
Mackinac at the same time this project is being conducted.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP has determined that the potential hazards associated 
with the HAUV/ROV survey of the Enbridge Line 5 pipelines starting May 
28, 2024 will be a safety concern to anyone within a 500-yard radius of 
the vessels Ugle Duckling and Streak. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the HAUV/ROV survey is being conducted.

[[Page 36676]]

IV. Discussion of the Rule

    This rule establishes a safety zone from 5:30 a.m. on May 28, 2024 
through 6:30 p.m. on July 31, 2024. The safety zone will cover all 
navigable waters within the Mackinac Regulated Navigation Area within 
500 yards of vessels being used to conduct the HAUV/ROV survey of the 
Enbridge Line 5 pipelines. The duration of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters while the HAUV/ROV survey is being conducted. 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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, duration 
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 
Local Notice to Mariners about the safety 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 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 
call or email 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.

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, 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 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 to cover all navigable waters within the Mackinac Regulated 
Navigation Area within 500 yards of vessels being used to conduct a 
HAUV/ROV survey of the Enbridge Line 5 pipelines. It is categorically 
excluded from further review under paragraph L60a of Appendix A, Table 
1 of DHS Instruction Manual 023-01-001-01, Rev. 1. 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.

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:

[[Page 36677]]

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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T09-0313 to read as follows:


Sec.  165.T09-0313  Safety Zone; Vessels Ugle Duckling and Streak 
operating in the Straits of Mackinac, MI

    (a) Location. The following area is a safety zone: All navigable 
waters within 500 yards of the vessels Ugle Duckling and Streak while 
conducting a HAUV/ROV survey of the Enbridge Line 5 pipelines.
    (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 Northern Great Lakes (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 VHF Channel 16 or telephone at (906) 635-3233. 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 periods. This section will be enforced from 5:30 
a.m. to 6:30 p.m. each day from May 28, 2024, through July 31, 2024.

    Dated: April 29, 2024.
J.R. Bendle,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern Great 
Lakes.
[FR Doc. 2024-09611 Filed 5-2-24; 8:45 am]
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