[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Proposed Rules]
[Pages 18724-18727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08132]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0084]
RIN 1625-AA00, AA11
Great Lakes--Regulated Navigation Areas and Safety Zones
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend its Great Lakes Regulated
Navigation Areas to include one additional regulated navigation area in
Green Bay, Wisconsin and safety zones in the Lake Erie Islands and
Saginaw Bay, MI. These zones will apply during the winter months and
are necessary to protect waterway users, vessels, and mariners from
hazards associated with winter conditions and navigation.
DATES: Comments and related material must be received by the Coast
Guard on or before May 22, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-0084 using the Federal eRulemaking Portal at http://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 Matthew Stroebel, Ninth District Coast Guard
Prevention, U.S. Coast Guard; telephone 216-902-6060, 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 May 22, 2015, the Coast Guard proposed a rule to establish three
regulated navigation areas (RNA) and two safety zones in its Great
Lakes area. These zones were intended to improve the safety of both
recreational users and commercial shipping in high use areas. During
the comment period that ended July 6, 2015, we received a total of 6
comments. We received one comment
[[Page 18725]]
from the Lake Carriers' Association stating that it found the rule
unnecessary and expressed concern that the rule will impede vessels'
ability to respond quickly and creatively to winter conditions. The
comment suggested that COTP Orders specifically tailored to existing
and forecasted conditions is a better way to respond to hazardous ice
conditions. We agree that in Maumee Bay and the Straits of Mackinac,
COTP orders can be used instead of an RNA since safety issues occur
less frequently in these areas. Our determination is that in Green Bay
a RNA is necessary due to the high concentration of recreational users
and expected increased commercial vessel traffic in the zone.
We received 1 comment that did not relate to the rule. Finally, we
received 3 comments in favor of the Erie Islands safety zone and two in
favor of the Maumee Bay regulated navigation area.
Based on the comments received regarding the NPRM, this proposed
rulemaking has been amended. We believe that regulated navigation areas
in Maumee Bay and the Straits of Mackinac are not necessary. This
supplemental notice of proposed rulemaking retracts the Coast Guard's
proposals to create new regulated navigation areas in Maumee Bay and
the Straits of Mackinac. We also retract our proposal to re-designate
three existing regulated navigation areas as safety zones. The three
areas that were proposed to be redesignated as safety zones serve two
functions; to establish a single route which optimizes limited
icebreaking resources and to protect recreational ice users. By keeping
these areas as RNA's it emphasizes that these areas do not solely exist
to protect recreational users, but to fulfill an important function in
maintaining an efficient navigation plan during ice covered periods.
Instead, this rulemaking proposes to retain the addition of two
safety zones in the Lake Erie Islands and Saginaw Bay to protect
recreational ice users from the dangers associated with vessels
disturbing the ice that is primarily used for recreation. We also
propose to retain adding one regulated navigation area in Green Bay to
manage increased commercial traffic in an area that typically
experiences high volumes of recreational use.
The Coast Guard does not propose changes to the already existing
regulated navigation areas in this section. The Coast Guard proposes
this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 165.901 based on the
foregoing discussion.
The Coast Guard proposes to make paragraph (b) in the current
regulation into paragraph (a)(2)(i). Further, the Coast Guard proposes
to add paragraph (a)(2)(ii) to establish a regulated navigation area in
Green Bay. Within the regulated navigation area the COTP may issue
orders to control vessel traffic. Prior to issuing orders to vessel
traffic the COTP will provide advance notice as reasonably practicable
under the circumstances. This regulated navigation area would include
the waters of Green Bay, bounded by a line between Peshtigo Point and
Sherwood Point. Green Bay is an area that has many recreational ice
users that are accustomed to Green Bay being free from vessel transits
during the winter months. Vessels have requested to transit through
Green Bay during the ice season at a frequency of 2 to 4 transits per
week. The Coast Guard needs to proactively manage activity within Green
Bay to ensure the safety of both commercial vessel traffic and
recreational ice users.
The Coast Guard proposes to add a paragraph (c) and a paragraph (d)
to 33 CFR 165.901 to accommodate the addition of two safety zones to
the current regulation. Proposed paragraph (c)(1) establishes a safety
zone in the Lake Erie Islands. The zone would be opened and closed by
the Captain of the Port (COTP) after providing the public at least 72
hours of advance notice. This safety zone would span from the city of
Huron, OH on the eastern side to Port Clinton, OH on its western side.
The northern border of the safety zone would be the international
border which is located between Kelly's Island and Pelee Island. No
vessel would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The District
Commander or respective COTP retains the discretion to permit vessels
to enter/transit a closed safety zone under certain circumstances. This
safety zone will protect recreational ice users from the hazards
associated with vessels breaking or disturbing the ice within the zone.
Proposed paragraph (c)(2) establishes a safety zone in Saginaw Bay.
The zone would be opened and closed by the Captain of the Port (COTP)
after providing the public at least 72 hours of advance notice. This
safety zone would include the waters in Saginaw Bay, bounded by a line
between Tawas Point and Port Austin Reef. No vessel would be permitted
to enter the safety zone without obtaining permission from the COTP or
a designated representative. The District Commander or respective COTP
retains the discretion to permit vessels to enter/transit a closed
safety zone under certain circumstances. This safety zone will protect
recreational ice users from the hazards associated with vessels
breaking or disturbing the ice within the zone.
Proposed paragraph (d) will include the information relevant to the
enforcement of these safety zones. 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 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it. As this rule is not a significant regulatory action,
this rule is exempt from the requirements of Executive Order 13771. See
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of
the Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017). A regulatory
analysis (RA) follows.
[[Page 18726]]
The proposed amendments involve closure areas and a vessel
management area, designed to be implemented only during winter months,
as ice conditions dictate. As to the impact of the closure area on Lake
Erie near the South Channel and the Erie Islands, OH, the Coast Guard
notes that industry vessels have taken alternative routes bypassing the
Erie Islands when recreational ice users are present. The Coast Guard
anticipates the same practice when this area is closed. Further,
regarding the closure area on the waters of Lake Huron in Saginaw Bay,
Michigan, the Coast Guard anticipates closing the bay after giving due
consideration to industry's need to traverse the area. Moreover, under
certain circumstances, the Coast Guard may permit vessel traffic to
transit the closure areas. Regarding the regulated navigation area in
Green Bay, it is designed to regulate the conditions of vessel transit
for safety. Overall, we expect the economic impact of this proposed
rule to be minimal and that a full Regulatory Evaluation is
unnecessary.
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 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 contact 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 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 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 Management Directive 023-01 and Commandant Instruction
M16475.lD, 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 amendments
to navigation regulations and establishment of a safety zones. Normally
such actions are categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A
preliminary environmental analysis checklist and Categorical Exclusion
Determination are 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 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.
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 http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact 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 http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24,
[[Page 18727]]
2005, issue of the Federal Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site'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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Revise Sec. 165.901 to read as follows:
Sec. [thinsp]165.901 Great Lakes--regulated navigation areas and
safety zones.
(a) The following are regulated navigation areas:
(1) Lake Huron. (i) The waters of Lake Huron known as South Channel
between Bois Blanc Island and Cheboygan, Michigan; bounded by a line
north from Cheyboygan Crib Light (LL-1340) at 45[deg]39'48'' N.,
84[deg]27'36'' W.; to Bois Blanc Island at 45[deg]43'42'' N.,
84[deg]27'36'' W.; and a line north from the mainland at 45[deg]43'00''
N., 84[deg]35'30'' W.; to the western tangent of Bois Blanc Island at
45[deg]48'42'' N., 84[deg]35'30'' W.
(ii) The waters of Lake Huron between Mackinac Island and St.
Ignace, Michigan, bounded by a line east from position 45[deg]52'12''
N., 84[deg]43'00'' W.; to Mackinac Island at 45[deg]52'12'' N.,
84[deg]39'00'' W.; and a line east from the mainland at 45[deg]53'12''
N., 84[deg]43'30'' W.; to the northern tangent of Mackinac Island at
45[deg]53'12'' N., 84[deg]38'48'' W.
(2) Lake Michigan. (i) The waters of Lake Michigan known as Gray's
Reef Passage bounded by a line from Gray's Reef Light (LL-2006) at
45[deg]46'00'' N., 85[deg]09'12'' W.; to White Shoals Light (LL-2003)
at 45[deg]50'30'' N., 85[deg]08'06'' W.; to a point at 45[deg]49'12''
N., 85[deg]04'48'' W.; then to a point at 45[deg]45'42'' N.,
85[deg]08'42'' W.; then to the point of beginning.
(ii) The waters of Lake Michigan known as Green Bay from Rock
Island Passage or Porte Des Morts Passage north to Escanaba Light at
45[deg]44'48'' N., 087[deg]02'14'' W.; south to the Fox River Entrance
at 44[deg]32'22'' N., 088[deg]00'19'' W., to the Sturgeon Bay Ship
Canal from Sherwood Point Light at 44[deg]53'34'' N., 087[deg]26'00''
W.; to Sturgeon Bay Ship Canal Light at 44[deg]47'42'' N.,
087[deg]18'48'' W.; and then to the point of beginning.
(b) Regulations. (1) In the RNAs under paragraph (a) of this
section, the District Commander or respective COTP may issue orders to
control vessel traffic for reasons which include but are not limited
to: Channel obstructions, winter navigation, unusual weather
conditions, or unusual water levels. Prior to issuing these orders, the
District Commander or respective COTP will provide advance notice as
reasonably practicable under the circumstances. The respective COTP may
close and open these regulated navigation areas as ice conditions
dictate.
(2) Prior to the closing or opening of the regulated navigation
areas, the COTP will give interested parties, including both shipping
interests and island residents, not less than 72 hours notice of the
action. This notice will be given through Broadcast Notice to Mariners,
Local Notice to Mariners, and press releases to the media (radio, print
and television), local COTP will ensure widest dissemination. No vessel
may navigate in a regulated navigation area which has been closed by
the COTP. The general regulations in 33 CFR 165.13 apply. The District
Commander or respective COTP retains the discretion to authorize
vessels to operate outside of issued orders.
(c) The following are safety zones:
(1) Lake Erie. The area known as the Lake Erie Islands which is
defined as the U.S. waters of Lake Erie at the intersection of the
International Border at 082[deg]55'00'' W., following the International
Border eastward to the intersection of the International Border at
082[deg]35'00'' W., moving straight south to position 41[deg]25'00''
N., 082[deg]35'00'' W., continuing west to position 41[deg]25'00'' N.,
082[deg]55'00'' W., and ending north at the International Border and
082[deg]55'00'' W.
(2) Lake Huron. The waters of Lake Huron known as Saginaw Bay,
Michigan; bounded by a line from Port Austin Reef Light (LL-10275) at
44[deg]04'55'' N., 082[deg]58'57'' W.; to Tawas Light (LL-11240) at
44[deg]15'13'' N., 083[deg]26'58'' W.; to Saginaw Bay Range Front Light
(LL-10550) at 43[deg]38'54'' N., 083[deg]51'06'' W.; then to the point
of beginning.
(d) Enforcement. (1) The District Commander or respective Captain
of the Port (COTP) will enforce these safety zones as ice conditions
dictate. Under normal seasonal conditions, only one closing each winter
and one opening each spring are anticipated.
(2) Prior to closing or opening these safety zones, the District
Commander or respective COTP will give the public advance notice, not
less than 72 hours prior to the closure. This notice will be given
through Broadcast Notice to Mariners, Local Notice to Mariners, and
press releases to the media (radio, print and television), local COTP
will ensure widest dissemination. The general regulations in 33 CFR
165.23 apply. The District Commander or respective COTP retains the
discretion to permit vessels to enter/transit a closed safety zone
under certain circumstances.
Dated: April 10, 2017.
J.E. Ryan,
RADM, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2017-08132 Filed 4-20-17; 8:45 am]
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