[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Rules and Regulations]
[Pages 49460-49462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20400]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0792]
RIN 1625-AA00
Temporary Safety Zone; M/V Highland Eagle Operating in the
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 Motor Vessel (M/V)
HIGHLAND EAGLE while conducting geotechnical sampling operations in the
Straits of Mackinac. The safety zone is needed to protect persons,
vessels, and the marine environment from potential hazards created by
geotechnical sampling operations in the Straits of Mackinac. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) Sault Sainte Marie.
DATES: This rule is effective from October 1, 2019, through November
30, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0792 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 Lieutenant Sean Murphy, Chief, Waterways Management
Division, U.S. Coast Guard; telephone 906-635-3223, email
[email protected].
[[Page 49461]]
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 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 the Coast Guard did not receive the
final details of the requested safety zone with sufficient time for a
comment period before the start of the event. The final details of the
specific dates and safety zone distances concerning the safety zone
around the M/V HIGHLAND EAGLE were not finalized within a sufficient
time to allow for notice and a subsequent 30-day comment period before
the commencement of geotechnical sampling operations. Delaying this
rule to allow for a notice and comment period would be impracticable
and contrary to the public interest because it would inhibit the Coast
Guard's ability to protect the public from the potential hazards
associated with geotechnical sampling.
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 would
be contrary to the rule's objectives of protecting safety of life on
the navigable waters in the vicinity of the geotechnical sampling.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP Sault Sainte Marie has
determined that potential hazards associated with ongoing geotechnical
sampling starting October 1, 2019, will be a safety concern for anyone
upon the navigable waters of the U.S. within a 500-yard radius of the
Motor Vessel (M/V) HIGHLAND EAGLE while conducting geotechnical
sampling operations in the Straits of Mackinac. The COTP Sault Sainte
Marie previously issued a rule for geotechnical sampling under the same
authority, 33 CFR 165.T09-0493, (84 FR 28743, June 20, 2019). That rule
is effective through 30 September 2019. This rule is needed to protect
persons, vessels, and the marine environment from potential hazards
created by geotechnical sampling operations in the Straits of Mackinac
through November 30, 2019
IV. Discussion of the Rule
This rule establishes a safety zone from October 1, 2019 through
November 30, 2019 for navigable waters within a 500-yard radius of the
M/V HIGHLAND EAGLE while conducting geotechnical sampling operations in
the Straits of Mackinac. The duration of the zone is intended to
protect personnel and vessels in these navigable waters while the M/V
HIGHLAND EAGLE conducts geotechnical sampling operations. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP Sault Sainte Marie 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone, which impacts a relatively
small portion of the Straits of Mackinac and related waterway.
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
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
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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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 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 500-yard safety zone around a vessel
conducting technical operations. Vessel traffic will be able to safely
transit around this safety zone, which impacts a relatively small
portion of the Straits of Mackinac and related waterway.
It is categorically excluded from further review under paragraph
L60a in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures 5090.1. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
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: 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. 0170.1.
0
2. Add Sec. 165.T9-0792 to read as follows:
Sec. 165.T9-0792 Temporary Safety Zone; M/V Highland Eagle operating
in the Straits of Mackinac, MI.
(a) Location. The following area is a safety zone: All navigable
waters within 500 yards of Motor Vessel (M/V) Highland Eagle while
conducting geotechnical sampling in 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 this
temporary safety zone is prohibited unless authorized by the Captain of
the Port, Sault Sainte Marie or designated representative.
(2) Before a vessel operator may enter or operate within the safety
zone, the operator must obtain permission from the Captain of the Port,
Sault Sainte Marie, or 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 designated
representative.
(d) Enforcement period. This section will be enforced from October
1, 2019 through November 30, 2019.
Dated: September 17, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-20400 Filed 9-19-19; 8:45 am]
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