[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Rules and Regulations]
[Pages 37517-37520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16997]
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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: Final rule.
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SUMMARY: The Coast Guard is amending its Great Lakes Regulated
Navigation Areas to include one additional regulated navigation area in
Green Bay, WI and safety zones in the Lake Erie Islands, OH 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.
[[Page 37518]]
DATES: This rule is effective September 11, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0084 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
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
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LCA Lake Carrier's Association
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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 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 an RNA is necessary due to the high
concentration of recreational users and expected increased commercial
vessel traffic in the zone.
Based on the comments received regarding the May 22, 2015 NPRM, we
amended the proposed rule and issued a supplemental notice of proposed
rulemaking (SNPRM) on April 21, 2017. 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 in
accordance with the feedback received from the Lake Carriers
Association. We also retracted our proposal to re-designate three
existing regulated navigation areas as safety zones. Instead, this
rulemaking proposed to add two safety zones in the Lake Erie Islands
and Saginaw Bay to protect recreational ice users. We also proposed to
add one regulated navigation area in Green Bay to manage increased
commercial traffic in an area that typically experiences high volumes
of recreational use.
We received one comment from the Lake Carriers Association (LCA).
As a result of the LCA's comment to the original NPRM we modified the
rule to not include zones in Maumee Bay or the Straits of Mackinac. LCA
commented that zones in those locations would be detrimental to
industry. In response to the SNPRM, LCA engaged with their member
corporations and did not receive any feedback opposing the addition of
a regulated navigation area in Green Bay.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The District Commander has determined that there are potential
hazards associated with commercial shipping traffic in close vicinity
to recreational ice use. These areas attract recreational ice users
during the winter months. Vessel traffic would disrupt ice integrity in
these areas and pose risks to these recreational waterway users, which
may include people and vehicles falling through the ice. To mitigate
these risks, the Coast Guard is establishing safety zones and a
regulated navigation area.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our SNPRM published
April 21, 2017. This comment was not in opposition to the rule. There
are no changes in the regulatory text of this rule from the proposed
rule in the SNPRM.
This rule establishes two safety zones, one in Saginaw Bay, MI, and
the other in the Lake Erie Islands, OH. The safety zones will be
activated when ice conditions warrant and will be deactivated when the
ice dissipates in the spring. During the time the safety zones are
active, vessels will not be permitted to transit through the zones
which will protect recreational ice users from the dangers associated
with icebreaking.
This rule also establishes a regulated navigation area in southern
Green Bay, WI. This RNA will allow the Coast Guard to regulate when
commercial traffic is permitted in southern Green Bay and will give the
public a minimum of 72 hours notice before a vessel is permitted to
transit the area. This will best manage the risks associated with
recreational ice users and vessels operating in Southern Green Bay.
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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
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 Lake Erie Islands, OH, the Coast
Guard notes that industry vessels have taken alternative routes
bypassing the Lake 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
Saginaw 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
[[Page 37519]]
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 received no comments
from the Small Business Administration on this rulemaking. 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
contact 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
Order13132.
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. If
you believe this 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 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
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 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 amendments to navigation regulations and establishment of
a safety zones. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
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
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.
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: 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 Cheboygan 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.
[[Page 37520]]
(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), and the
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: June 12, 2017.
J.E. Ryan,
Commander, RADM, U.S. Coast Guard, Ninth Coast Guard District.
[FR Doc. 2017-16997 Filed 8-10-17; 8:45 am]
BILLING CODE 9110-04-P