[Federal Register Volume 90, Number 81 (Tuesday, April 29, 2025)]
[Rules and Regulations]
[Pages 17739-17740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07333]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 81 / Tuesday, April 29, 2025 / Rules
and Regulations
[[Page 17739]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0285]
RIN 1625-AA00
Safety Zone; Underwater Lake Bed HAUX/ROV Survey; Straits of
Mackinac, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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 conducting underwater surveys. Entry of vessels into
this zone is prohibited unless specifically authorized by the Captain
of the Port Sector Northern Great Lakes (COTP).
DATES: This rule is effective from May 28, 2025, 5:30 a.m. through July
31, 2025, 6:30 p.m. local time.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0285 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 Marcelo Da Costa, 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 under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' 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 we must
establish this safety zone by May 28, 2025, and we lack sufficient time
to provide a reasonable comment period and then consider those comments
before issuing the rule.
Also, 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. Delaying the effective date of
this rule is impracticable because prompt action is needed to address
to the potential safety hazards associated with the HAUV/ROV survey of
subsurface lakebed and surrounding areas of interest 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 subsurface lakebed and surrounding
areas of interest starting May 28, 2025, 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.
IV. Discussion of the Rule
This rule establishes a safety zone from 5:30 a.m. on May 28, 2025
through 6:30 p.m. on July 31, 2025. 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
subsurface lakebed and surrounding areas of interest. 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.
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.
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
[[Page 17740]]
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 will 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 subsurface lakebed and surrounding areas of
interest. It is categorically excluded from further review under
paragraph L60(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 available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
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:
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 subsurface lakebed and surrounding
areas of interest.
(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, 2025 through July 31, 2025.
Dated: April 11, 2025.
J.R. Bendle,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern Great
Lakes.
[FR Doc. 2025-07333 Filed 4-28-25; 8:45 am]
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