82_FR_37671 82 FR 37517 - Great Lakes-Regulated Navigation Areas and Safety Zones

82 FR 37517 - Great Lakes-Regulated Navigation Areas and Safety Zones

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 154 (August 11, 2017)

Page Range37517-37520
FR Document2017-16997

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.

Federal Register, Volume 82 Issue 154 (Friday, August 11, 2017) 
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Rules and Regulations]
[Pages 37517-37520]
From the Federal Register Online  [www.thefederalregister.org]
[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

Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations 37517 responsiveness to small business. If you Environmental Policy Act of 1969 (42 Captain of the Port Charleston in the wish to comment on actions by U.S.C. 4321–4370f), and have enforcement of the regulated areas. employees of the Coast Guard, call 1– determined that this action is one of a (c) Regulations. (1) All persons and 888–REG–FAIR (1–888–734–3247). The category of actions that do not vessels are prohibited from entering, Coast Guard will not retaliate against individually or cumulatively have a transiting through, anchoring in, or small entities that question or complain significant effect on the human remaining within the regulated area about this rule or any policy or action environment. This rule involves a safety unless authorized by the Captain of the of the Coast Guard. zone that will prohibit persons and Port Charleston or a designated vessels from entering, transiting representative. C. Collection of Information (2) Persons and vessels desiring to through, anchoring in, or remaining This rule will not call for a new within a limited area surrounding the enter, transit through, anchor in, or collection of information under the SC–41 Bridge on the waters of the remain within the regulated area may Paperwork Reduction Act of 1995 (44 Wando River for two six hour periods. contact the Captain of the Port U.S.C. 3501–3520). This rule is categorically excluded from Charleston by telephone at (843) 740– D. Federalism and Indian Tribal further review under paragraph 34(g) of 7050, or a designated representative via Governments Figure 2–1 of the Commandant VHF radio on channel 16, to request Instruction. An environmental analysis authorization. If authorization to enter, A rule has implications for federalism checklist supporting this determination transit through, anchor in, or remain under Executive Order 13132, and a Record of Environmental within the regulated area is granted by Federalism, if it has a substantial direct Consideration are available in the the Captain of the Port Charleston or a effect on the States, on the relationship docket where indicated under designated representative, all persons between the national government and ADDRESSES. and vessels receiving such authorization the States, or on the distribution of must comply with the instructions of power and responsibilities among the G. Protest Activities the Captain of the Port Charleston or a various levels of government. We have The Coast Guard respects the First designated representative. analyzed this rule under that Order and Amendment rights of protesters. (3) The Coast Guard will provide have determined that it is consistent Protesters are asked to contact the notice of the regulated area by Local with the fundamental federalism person listed in the FOR FURTHER Notice to Mariners, Broadcast Notice to principles and preemption requirements INFORMATION CONTACT section to Mariners, and on-scene designated described in Executive Order 13132. coordinate protest activities so that your representatives. Also, this rule does not have tribal message can be received without (d) Enforcement period. This rule will implications under Executive Order jeopardizing the safety or security of be enforced from August 4, 2017 13175, Consultation and Coordination people, places or vessels. through August 30, 2017, during with Indian Tribal Governments, demolition activity. because it does not have a substantial List of Subjects in 33 CFR Part 165 Dated: August 3, 2017. direct effect on one or more Indian Harbors, Marine safety, Navigation tribes, on the relationship between the G.G. Stump, (water), Reporting and recordkeeping Federal Government and Indian tribes, requirements, Security measures, Captain, U.S. Coast Guard, Captain of the or on the distribution of power and Port Charleston. Waterways. responsibilities between the Federal [FR Doc. 2017–16993 Filed 8–10–17; 8:45 am] For the reasons discussed in the Government and Indian tribes. If you preamble, the Coast Guard amends 33 BILLING CODE 9110–04–P believe this rule has implications for CFR part 165 as follows: federalism or Indian tribes, please contact the person listed in the FOR PART 165—REGULATED NAVIGATION DEPARTMENT OF HOMELAND FURTHER INFORMATION CONTACT section AREAS AND LIMITED ACCESS AREAS SECURITY above. ■ 1. The authority citation for part 165 Coast Guard E. Unfunded Mandates Reform Act continues to read as follows: The Unfunded Mandates Reform Act 33 CFR Part 165 Authority: 33 U.S.C. 1231; 50 U.S.C. 191, of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and [Docket Number USCG–2015–0084] Federal agencies to assess the effects of Department of Homeland Security Delegation RIN 1625–AA00, AA11 their discretionary regulatory actions. In No. 0170. particular, the Act addresses actions ■ 2. Add § 165.T07–0348 to read as Great Lakes—Regulated Navigation that may result in the expenditure by a follows: Areas and Safety Zones State, local, or tribal government, in the aggregate, or by the private sector of § 165.T07–0348 Safety Zone; Demolition of AGENCY: Coast Guard, DHS. $100,000,000 (adjusted for inflation) or SC–41 Bridge, Wando River, Charleston, ACTION: Final rule. more in any one year. Though this rule SC. will not result in such an expenditure, (a) Location. All waters of the Wando SUMMARY: The Coast Guard is amending we do discuss the effects of this rule River encompassed within a 500-yard its Great Lakes Regulated Navigation elsewhere in this preamble. radius of SC–41 Bridge, vessels and Areas to include one additional asabaliauskas on DSKBBXCHB2PROD with RULES machinery. regulated navigation area in Green Bay, F. Environment (b) Definition. The term ‘‘designated WI and safety zones in the Lake Erie We have analyzed this rule under representative’’ means Coast Guard Islands, OH and Saginaw Bay, MI. These Department of Homeland Security Patrol Commanders, including Coast zones will apply during the winter Management Directive 023–01 and Guard coxswains, petty officers, and months and are necessary to protect Commandant Instruction M16475.lD, other officers operating Coast Guard waterway users, vessels, and mariners which guide the Coast Guard in vessels, and Federal, state, and local from hazards associated with winter complying with the National officers designated by or assisting the conditions and navigation. VerDate Sep<11>2014 16:16 Aug 10, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\11AUR1.SGM 11AUR1

37518 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations DATES: This rule is effective September Carriers Association. We also retracted Bay and will give the public a minimum 11, 2017. our proposal to re-designate three of 72 hours notice before a vessel is ADDRESSES: To view documents existing regulated navigation areas as permitted to transit the area. This will mentioned in this preamble as being safety zones. Instead, this rulemaking best manage the risks associated with available in the docket, go to http:// proposed to add two safety zones in the recreational ice users and vessels www.regulations.gov, type USCG–2015– Lake Erie Islands and Saginaw Bay to operating in Southern Green Bay. 0084 in the ‘‘SEARCH’’ box and click protect recreational ice users. We also V. Regulatory Analyses ‘‘SEARCH.’’ Click on Open Docket proposed to add one regulated Folder on the line associated with this navigation area in Green Bay to manage We developed this rule after rule. increased commercial traffic in an area considering numerous statutes and that typically experiences high volumes Executive orders related to rulemaking. FOR FURTHER INFORMATION CONTACT: If of recreational use. Below we summarize our analyses you have questions on this rule, call or We received one comment from the based on a number of these statutes and email LT Matthew Stroebel, Ninth Lake Carriers Association (LCA). As a Executive orders, and we discuss First District Coast Guard Prevention, U.S. Amendment rights of protestors. result of the LCA’s comment to the Coast Guard; telephone 216–902–6060, original NPRM we modified the rule to A. Regulatory Planning and Review email matthew.k.stroebel@uscg.mil. not include zones in Maumee Bay or the SUPPLEMENTARY INFORMATION: Executive Orders 12866 and 13563 Straits of Mackinac. LCA commented I. Table of Abbreviations that zones in those locations would be direct agencies to assess the costs and detrimental to industry. In response to benefits of available regulatory CFR Code of Federal Regulations alternatives and, if regulation is COTP Captain of the Port the SNPRM, LCA engaged with their member corporations and did not necessary, to select regulatory DHS Department of Homeland Security FR Federal Register receive any feedback opposing the approaches that maximize net benefits. LCA Lake Carrier’s Association addition of a regulated navigation area Executive Order 13563 emphasizes the NPRM Notice of proposed rulemaking in Green Bay. importance of quantifying both costs § Section and benefits, of reducing costs, of U.S.C. United States Code III. Legal Authority and Need for Rule harmonizing rules, and of promoting The Coast Guard is issuing this rule flexibility. This rule has not been II. Background Information and under authority in 33 U.S.C. 1231. The designated a ‘‘significant regulatory Regulatory History District Commander has determined action,’’ under Executive Order 12866. On May 22, 2015, the Coast Guard that there are potential hazards Accordingly, it has not been reviewed proposed a rule to establish three associated with commercial shipping by the Office of Management and regulated navigation areas (RNA) and traffic in close vicinity to recreational Budget. two safety zones in its Great Lakes area. ice use. These areas attract recreational The proposed amendments involve These zones were intended to improve ice users during the winter months. closure areas and a vessel management the safety of both recreational users and Vessel traffic would disrupt ice integrity area, designed to be implemented only commercial shipping in high use areas. in these areas and pose risks to these during winter months, as ice conditions During the comment period that ended recreational waterway users, which may dictate. As to the impact of the closure July 6, 2015, we received a total of 6 include people and vehicles falling area on Lake Erie near the South comments. We received one comment through the ice. To mitigate these risks, Channel and the Lake Erie Islands, OH, from the Lake Carriers’ Association the Coast Guard is establishing safety the Coast Guard notes that industry stating that it found the rule zones and a regulated navigation area. vessels have taken alternative routes unnecessary and expressed concern that bypassing the Lake Erie Islands when the rule will impede vessels’ ability to IV. Discussion of Comments, Changes, recreational ice users are present. The respond quickly and creatively to winter and the Rule Coast Guard anticipates the same conditions. The comment suggested that As noted above, we received one practice when this area is closed. COTP Orders specifically tailored to comment on our SNPRM published Further, regarding the closure area on existing and forecasted conditions is a April 21, 2017. This comment was not the waters of Lake Huron in Saginaw better way to respond to hazardous ice in opposition to the rule. There are no Bay, Michigan, the Coast Guard conditions. We agree that in Maumee changes in the regulatory text of this anticipates closing Saginaw Bay after Bay and the Straits of Mackinac, COTP rule from the proposed rule in the giving due consideration to industry’s orders can be used instead of an RNA SNPRM. need to traverse the area. Moreover, since safety issues occur less frequently This rule establishes two safety zones, under certain circumstances, the Coast in these areas. Our determination is that one in Saginaw Bay, MI, and the other Guard may permit vessel traffic to in Green Bay an RNA is necessary due in the Lake Erie Islands, OH. The safety transit the closure areas. Regarding the to the high concentration of recreational zones will be activated when ice regulated navigation area in Green Bay, users and expected increased conditions warrant and will be it is designed to regulate the conditions commercial vessel traffic in the zone. deactivated when the ice dissipates in of vessel transit for safety. Overall, we Based on the comments received the spring. During the time the safety expect the economic impact of this regarding the May 22, 2015 NPRM, we zones are active, vessels will not be proposed rule to be minimal and that a amended the proposed rule and issued permitted to transit through the zones full Regulatory Evaluation is asabaliauskas on DSKBBXCHB2PROD with RULES a supplemental notice of proposed which will protect recreational ice users unnecessary. rulemaking (SNPRM) on April 21, 2017. from the dangers associated with This supplemental notice of proposed icebreaking. B. Impact on Small Entities rulemaking retracts the Coast Guard’s This rule also establishes a regulated The Regulatory Flexibility Act of proposals to create new regulated navigation area in southern Green Bay, 1980, 5 U.S.C. 601–612, as amended, navigation areas in Maumee Bay and the WI. This RNA will allow the Coast requires Federal agencies to consider Straits of Mackinac in accordance with Guard to regulate when commercial the potential impact of regulations on the feedback received from the Lake traffic is permitted in southern Green small entities during rulemaking. The VerDate Sep<11>2014 16:16 Aug 10, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\11AUR1.SGM 11AUR1

Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations 37519 term ‘‘small entities’’ comprises small with the fundamental federalism message can be received without businesses, not-for-profit organizations principles and preemption requirements jeopardizing the safety or security of that are independently owned and described in Executive Order13132. people, places or vessels. operated and are not dominant in their Also, this rule does not have tribal implications under Executive Order List of Subjects in 33 CFR Part 165 fields, and governmental jurisdictions with populations of less than 50,000. 13175, Consultation and Coordination Harbors, Marine safety, Navigation The Coast Guard received no comments with Indian Tribal Governments, (water), Reporting and recordkeeping from the Small Business Administration because it does not have a substantial requirements, Security measures, on this rulemaking. The Coast Guard direct effect on one or more Indian Waterways. certifies under 5 U.S.C. 605(b) that this tribes, on the relationship between the For the reasons discussed in the rule will not have a significant Federal Government and Indian tribes, preamble, the Coast Guard amends 33 economic impact on a substantial or on the distribution of power and CFR part 165 as follows: number of small entities. responsibilities between the Federal While some owners or operators of Government and Indian tribes. If you PART 165—REGULATED NAVIGATION vessels intending to transit the safety believe this rule has implications for AREAS AND LIMITED ACCESS AREAS zone may be small entities, for the federalism or Indian tribes, please reasons stated in section V.A. above, contact the person listed in the FOR ■ 1. The authority citation for part 165 this rule will not have a significant FURTHER INFORMATION CONTACT section. continues to read as follows: economic impact on any vessel owner Authority: 33 U.S.C. 1231; 50 U.S.C. 191; E. Unfunded Mandates Reform Act or operator. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Under section 213(a) of the Small The Unfunded Mandates Reform Act Department of Homeland Security Delegation Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires No. 0170.1. Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of ■ 2. Revise § 165.901 to read as follows: we want to assist small entities in their discretionary regulatory actions. In understanding this rule. If the rule particular, the Act addresses actions § 165.901 Great Lakes—regulated would affect your small business, that may result in the expenditure by a navigation areas and safety zones. organization, or governmental State, local, or tribal government, in the (a) The following are regulated jurisdiction and you have questions aggregate, or by the private sector of navigation areas: concerning its provisions or options for $100,000,000 (adjusted for inflation) or (1) Lake Huron. (i) The waters of Lake compliance, please contact the person more in any one year. Though this rule Huron known as South Channel listed in the FOR FURTHER INFORMATION will not result in such an expenditure, between Bois Blanc Island and CONTACT section. we do discuss the effects of this rule Cheboygan, Michigan; bounded by a Small businesses may send comments elsewhere in this preamble. line north from Cheboygan Crib Light on the actions of Federal employees (LL–1340) at 45°39′48″ N., 84°27′36″ W.; F. Environment to Bois Blanc Island at 45°43′42″ N., who enforce, or otherwise determine compliance with, Federal regulations to We have analyzed this rule under 84°27′36″ W.; and a line north from the the Small Business and Agriculture Department of Homeland Security mainland at 45°43′00″ N., 84°35′30″ W; Regulatory Enforcement Ombudsman Management Directive 023–01 and to the western tangent of Bois Blanc and the Regional Small Business Commandant Instruction M16475.lD, Island at 45°48′42″ N., 84°35′30″ W. Regulatory Fairness Boards. The which guide the Coast Guard in (ii) The waters of Lake Huron between Ombudsman evaluates these actions complying with the National Mackinac Island and St. Ignace, annually and rates each agency’s Environmental Policy Act of 1969 (42 Michigan, bounded by a line east from responsiveness to small business. If you U.S.C. 4321–4370f), and have position 45°52′12″ N., 84°43′00″ W.; to wish to comment on actions by determined that this action is one of a Mackinac Island at 45°52′12″ N., employees of the Coast Guard, call 1– category of actions that do not 84°39′00″ W.; and a line east from the 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a mainland at 45°53′12″ N., 84°43′30″ W.; Coast Guard will not retaliate against significant effect on the human to the northern tangent of Mackinac small entities that question or complain environment. This rule involves Island at 45°53′12″ N., 84°38′48″ W. about this rule or any policy or action amendments to navigation regulations (2) Lake Michigan. (i) The waters of of the Coast Guard. and establishment of a safety zones. It Lake Michigan known as Gray’s Reef is categorically excluded from further Passage bounded by a line from Gray’s C. Collection of Information review under paragraph 34(g) of Figure Reef Light (LL–2006) at 45°46′00″ N., This rule will not call for a new 2–1 of the Commandant Instruction. An 85°09′12″ W.; to White Shoals Light collection of information under the environmental analysis checklist (LL–2003) at 45°50′30″ N., 85°08′06″ W.; Paperwork Reduction Act of 1995 (44 supporting this determination and a to a point at 45°49′12″ N., 85°04′48″ W.; U.S.C. 3501–3520). Categorical Exclusion Determination are then to a point at 45°45′42″ N., available in the docket where indicated 85°08′42″ W.; then to the point of D. Federalism and Indian Tribal beginning. under ADDRESSES. We seek any Governments (ii) The waters of Lake Michigan comments or information that may lead A rule has implications for federalism to the discovery of a significant known as Green Bay from Rock Island under Executive Order 13132, environmental impact from this rule. Passage or Porte Des Morts Passage asabaliauskas on DSKBBXCHB2PROD with RULES Federalism, if it has a substantial direct north to Escanaba Light at 45°44′48″ N., effect on the States, on the relationship G. Protest Activities 087°02′14″ W.; south to the Fox River between the national government and The Coast Guard respects the First Entrance at 44°32′22″ N., 088°00′19″ W., the States, or on the distribution of Amendment rights of protesters. to the Sturgeon Bay Ship Canal from power and responsibilities among the Protesters are asked to contact the Sherwood Point Light at 44°53′34″ N., various levels of government. We have person listed in the FOR FURTHER 087°26′00″ W.; to Sturgeon Bay Ship analyzed this rule under that Order and INFORMATION CONTACT section to Canal Light at 44°47′42″ N., 087°18′48″ have determined that it is consistent coordinate protest activities so that your W.; and then to the point of beginning. 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37520 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations (b) Regulations: advance notice, not less than 72 hours August 31, 2017 through September 4, (1) In the RNAs under paragraph (a) prior to the closure. This notice will be 2017. This action is being taken to of this section, the District Commander given through Broadcast Notice to provide for the safety of life and or respective COTP may issue orders to Mariners, Local Notice to Mariners, and property on navigable waters during this control vessel traffic for reasons which press releases to the media (radio, print event. Pursuant to 33 CFR 165.23, entry include but are not limited to: Channel and television), and the local COTP will into, transiting, or anchoring within obstructions, winter navigation, unusual ensure widest dissemination. The these safety zones during an weather conditions, or unusual water general regulations in 33 CFR 165.23 enforcement period is prohibited unless levels. Prior to issuing these orders, the apply. The District Commander or authorized by the Captain of the Port District Commander or respective COTP respective COTP retains the discretion Buffalo or his designated representative. will provide advance notice as to permit vessels to enter/transit a Those seeking permission to enter one reasonably practicable under the closed safety zone under certain of these safety zones may request circumstances. The respective COTP circumstances. permission from the Captain of Port may close and open these regulated Buffalo via channel 16, VHF–FM. Dated: June 12, 2017. navigation areas as ice conditions Vessels and persons granted permission J.E. Ryan, dictate. to enter this safety zone shall obey the (2) Prior to the closing or opening of Commander, RADM, U.S. Coast Guard, Ninth Coast Guard District. directions of the Captain of the Port the regulated navigation areas, the Buffalo or his designated representative. COTP will give interested parties, [FR Doc. 2017–16997 Filed 8–10–17; 8:45 am] While within the safety zone, all vessels including both shipping interests and BILLING CODE 9110–04–P shall operate at the minimum speed island residents, not less than 72 hours necessary to maintain a safe course. notice of the action. This notice will be This notice of enforcement is issued given through Broadcast Notice to DEPARTMENT OF HOMELAND under authority of 33 CFR 165.939 and Mariners, Local Notice to Mariners, and SECURITY 5 U.S.C. 552(a). In addition to this press releases to the media (radio, print notice in the Federal Register, the Coast Coast Guard and television), local COTP will ensure Guard will provide the maritime widest dissemination. No vessel may community with advance notification of 33 CFR Part 165 navigate in a regulated navigation area these enforcement periods via Broadcast which has been closed by the COTP. [Docket No. USCG–2017–0259] Notice to Mariners and Local Notice to The general regulations in 33 CFR Mariners. If the Captain of the Port 165.13 apply. The District Commander Safety Zone; Cleveland National Air Buffalo determines that this safety zone or respective COTP retains the Show, Cleveland, OH need not be enforced for the full discretion to authorize vessels to AGENCY: Coast Guard, DHS. duration stated in this notice; he or she operate outside of issued orders. ACTION: Notice of enforcement of may use a Broadcast Notice to Mariners (c) The following are safety zones: regulation. to grant general permission to enter the (1) Lake Erie. The area known as the respective safety zone. Lake Erie Islands which is defined as SUMMARY: The Coast Guard will enforce the U.S. waters of Lake Erie at the Dated: August 7, 2017. a safety zone for the Cleveland National intersection of the International Border Air Show, Lake Erie and the Cleveland Joseph S. Dufresne, at 082°55′00″ W., following the Harbor, Cleveland, OH from 8:00 a.m. Captain, U. S. Coast Guard, Captain of the International Border eastward to the until 6:00 p.m. each day from August Port Buffalo. intersection of the International Border 31, 2017 through September 4, 2017. [FR Doc. 2017–16973 Filed 8–10–17; 8:45 am] at 082°35′00″ W., moving straight south This action is necessary to provide for BILLING CODE 9110–04–P to position 41°25′00″ N., 082°35′00″ W., the safety of life and property on continuing west to position 41°25′00″ navigable waters during this event. N., 082°55′00″ W., and ending north at During the enforcement period, no ENVIRONMENTAL PROTECTION the International Border and 082°55′00″ person or vessel may enter the AGENCY W. respective safety zone without the (2) Lake Huron. The waters of Lake permission of the Captain of the Port 40 CFR Part 710 Huron known as Saginaw Bay, Buffalo. [EPA–HQ–OPPT–2016–0426; FRL–9964–22] Michigan; bounded by a line from Port DATES: The regulation in 33 CFR RIN 2070–AK24 Austin Reef Light (LL–10275) at 165.939(a)(35) will be enforced from 44°04′55″ N., 082°58′57″ W.; to Tawas 8:00 a.m. through 6:00 p.m., each day TSCA Inventory Notification (Active- Light (LL–11240) at 44°15′13″ N., from August 31, 2017, through Inactive) Requirements 083°26′58″ W.; to Saginaw Bay Range September 4, 2017. Front Light (LL–10550) at 43°38′54″ N., AGENCY: Environmental Protection 083°51′06″ W.; then to the point of FOR FURTHER INFORMATION CONTACT: If Agency (EPA). beginning. you have questions on this notice of ACTION: Final rule. (d) Enforcement: enforcement, call or email LT Ryan (1) The District Commander or Junod, Chief of Waterways Management, SUMMARY: The 2016 amendments to the respective Captain of the Port (COTP) U.S. Coast Guard; telephone 216–937– Toxic Substances Control Act (TSCA) asabaliauskas on DSKBBXCHB2PROD with RULES will enforce these safety zones as ice 0124, email ryan.s.junod@uscg.mil. require EPA to designate chemical conditions dictate. Under normal SUPPLEMENTARY INFORMATION: The Coast substances on the TSCA Chemical seasonal conditions, only one closing Guard will enforce the Safety Zones; Substance Inventory as either ‘‘active’’ each winter and one opening each Annual Events in the Captain of the Port or ‘‘inactive’’ in U.S. commerce. To spring are anticipated. Buffalo Zone listed in 33 CFR accomplish that, EPA is establishing a (2) Prior to closing or opening these 165.939(a)(35) for the Cleveland retrospective electronic notification of safety zones, the District Commander or National Air Show, Cleveland, OH from chemical substances on the TSCA respective COTP will give the public 8:00 a.m. to 6:00 p.m. each day from Inventory that were manufactured VerDate Sep<11>2014 16:16 Aug 10, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\11AUR1.SGM 11AUR1


Document Created: 2018-10-24 11:48:30
Document Modified: 2018-10-24 11:48:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective September 11, 2017.
ContactIf 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]
FR Citation82 FR 37517 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
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