83_FR_19522 83 FR 19436 - Safety Zone; Straits of Mackinac, Mackinaw City, MI

83 FR 19436 - Safety Zone; Straits of Mackinac, Mackinaw City, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 86 (May 3, 2018)

Page Range19436-19438
FR Document2018-09407

The Coast Guard is establishing a temporary safety zone for navigable waters within a 500-yard radius of construction equipment vessels conducting operations in the Straits of Mackinac. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by surveillance and repair work to electric utility cables that cross the Straits of Mackinac. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sault Sainte Marie or a designated representative.

Federal Register, Volume 83 Issue 86 (Thursday, May 3, 2018)
[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Rules and Regulations]
[Pages 19436-19438]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09407]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0397]
RIN 1625-AA00


Safety Zone; Straits of Mackinac, Mackinaw City, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 500-yard radius of construction equipment 
vessels conducting operations in the Straits of Mackinac. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by surveillance and repair 
work to electric utility cables that cross the Straits of Mackinac. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sault Sainte Marie 
or a designated representative.

DATES: This rule is effective from May 3, 2018 until October 30, 2018. 
It will be enforced with actual notice from April 30, 2018, until May 
3, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0397 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 LTJG Sean V. Murphy, Sector Sault Sainte Marie Waterways 
Management Chief, U.S. Coast Guard; telephone 906-635-3319, 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
ROV Remotely Operated Underwater Vehicle

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 visual imagery and repair of 
damage to the utility cables is imperative to further mitigate any 
risks to the environment and the public. Emergent conditions require 
immediate marine surveying of the area due to damage to utility cables 
in the Straits of Mackinac. It is impractical to publish an NPRM 
because of the urgent need to survey the utility cables damaged.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
obtain visual imagery of damage to the utility cables in order to 
successfully effect repairs and further mitigate any risks to the 
environment and the public.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sault Sainte Marie (COTP) has determined 
that construction vessels operating in the Straits of Mackinac, will be 
a safety and navigation concern for any vessel within a 500-yard radius 
of the operations. This rule is needed to protect personnel, vessels, 
and the marine environment in the navigable waters within the safety 
zone while the operations are ongoing.

IV. Discussion of the Rule

    This rule establishes a safety zone from April 30, 2018 until 
October 30, 2018. The safety zone will cover all navigable waters 
within 500 yards of construction equipment vessel working and surveying 
damaged utility cables in the Straits of Mackinac. The duration of the 
zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters while operations are ongoing. The 
zone will be enforced at various times throughout this period. Local 
Broadcast Notice to mariners, via VHF-FM marine channel 16, will notify 
mariners when the construction vessels are conducting operations and 
the zone is being enforced. No vessel or person will be permitted to 
enter the safety zone

[[Page 19437]]

without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, 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, and 
location of the safety zone. Vessel traffic will be able to safely 
transit around this safety zone which would impact a small designated 
area of the Straits of Mackinac during a time of year when vessel 
traffic is normally low. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a 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 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 Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone that will prohibit entry within 500 yards of construction 
equipment vessels in the Straits of Mackinac surveying and conducting 
repairs to damaged utility cables. It is categorically excluded from 
further review under paragraph L60 (a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5;

[[Page 19438]]

Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T09-0397 to read as follows:


Sec.  165.T09-0397  Safety Zone; Straits of Mackinac, Mackinaw City, 
MI.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Straits of Mackinac, from surface to bottom, within a 500 
yard radius around construction equipment vessels.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard petty officer, warrant officer, or commissioned 
officer and any 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) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF radio channel 16 or call 906-635-3319. Those in 
the safety zone must comply with all lawful orders or directions given 
to them by the COTP or the COTP's designated representative.
    (d) Enforcement periods. This section is effective from April 30, 
2018, until October 30, 2018. It will be enforced while construction 
vessels operate within the designated location in paragraph (a) of this 
section. Local Broadcast Notice to mariners via VHF-FM marine channel 
16 will notify mariners when vessels are conducting operations.

    Dated: April 30, 2018.
Marko R. Broz,
Captain, U.S. Coast Guard, Captain of the Port, Sector Sault Sainte 
Marie.
[FR Doc. 2018-09407 Filed 5-2-18; 8:45 am]
BILLING CODE 9110-04-P



                                              19436               Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations

                                              intrude on state authority and group                    DEPARTMENT OF HOMELAND                                Administrative Procedure Act (APA) (5
                                              health plan and health insurance issuer                 SECURITY                                              U.S.C. 553(b)). This provision
                                              discretion; and even if the Departments                                                                       authorizes an agency to issue a rule
                                              were prepared to extend their authority                 Coast Guard                                           without prior notice and opportunity to
                                              in this manner, the establishment and                                                                         comment when the agency, for good
                                              maintenance of a database or the                        33 CFR Part 165                                       cause, finds that those procedures are
                                              assessment, validation, and monitoring                  [Docket Number USCG–2018–0397]
                                                                                                                                                            ‘‘impracticable, unnecessary, or contrary
                                              of a publicly available database would                                                                        to the public interest.’’ Under 5 U.S.C.
                                              be costly and time-consuming. Further,                  RIN 1625–AA00                                         553(b)(B), the Coast Guard finds that
                                              there is no indication that such a                                                                            good cause exists for not publishing a
                                                                                                      Safety Zone; Straits of Mackinac,                     notice of proposed rulemaking (NPRM)
                                              database would provide a better method                  Mackinaw City, MI
                                              for determining UCR amounts than the                                                                          with respect to this rule because visual
                                                                                                      AGENCY:    Coast Guard, DHS.                          imagery and repair of damage to the
                                              methods group health plans and health
                                                                                                                                                            utility cables is imperative to further
                                              insurance issuers currently use. The                    ACTION:   Temporary final rule.                       mitigate any risks to the environment
                                              Departments therefore decline to adopt                                                                        and the public. Emergent conditions
                                              the suggestions of ACEP and other                       SUMMARY:   The Coast Guard is
                                                                                                      establishing a temporary safety zone for              require immediate marine surveying of
                                              commenters that made similar                                                                                  the area due to damage to utility cables
                                              suggestions regarding the GOT                           navigable waters within a 500-yard
                                                                                                      radius of construction equipment                      in the Straits of Mackinac. It is
                                              regulation.                                                                                                   impractical to publish an NPRM
                                                                                                      vessels conducting operations in the
                                              IV. Collection of Information                           Straits of Mackinac. The safety zone is               because of the urgent need to survey the
                                              Requirements                                            needed to protect personnel, vessels,                 utility cables damaged.
                                                                                                      and the marine environment from                          Under 5 U.S.C. 553(d)(3), the Coast
                                                This document does not impose                         potential hazards created by                          Guard finds that good cause exists for
                                              information collection requirements,                    surveillance and repair work to electric              making this rule effective less than 30
                                              that is, reporting, recordkeeping or                    utility cables that cross the Straits of              days after publication in the Federal
                                              third-party disclosure requirements.                    Mackinac. Entry of vessels or persons                 Register. Delaying the effective date of
                                              Consequently, there is no need for                      into this zone is prohibited unless                   this rule would be impracticable
                                              review by the Office of Management and                  specifically authorized by the Captain of             because immediate action is needed to
                                              Budget under the authority of the                       the Port Sault Sainte Marie or a                      obtain visual imagery of damage to the
                                              Paperwork Reduction Act of 1995 (44                     designated representative.                            utility cables in order to successfully
                                              U.S.C. 3501, et seq.).                                  DATES: This rule is effective from May                effect repairs and further mitigate any
                                                                                                      3, 2018 until October 30, 2018. It will               risks to the environment and the public.
                                              Kirsten B. Wielobob,
                                                                                                      be enforced with actual notice from                   III. Legal Authority and Need for Rule
                                              Deputy Commissioner for Services and                    April 30, 2018, until May 3, 2018.
                                              Enforcement, Internal Revenue Service.                                                                          The Coast Guard is issuing this rule
                                                                                                      ADDRESSES: To view documents
                                                Approved: April 25, 2018.                                                                                   under authority in 33 U.S.C. 1231. The
                                                                                                      mentioned in this preamble as being
                                                                                                                                                            Captain of the Port Sault Sainte Marie
                                              David J. Kautter,                                       available in the docket, go to http://
                                                                                                                                                            (COTP) has determined that
                                              Assistant Secretary of the Treasury (Tax                www.regulations.gov, type USCG–2018–
                                                                                                                                                            construction vessels operating in the
                                              Policy).                                                0397 in the ‘‘SEARCH’’ box and click
                                                                                                                                                            Straits of Mackinac, will be a safety and
                                                                                                      ‘‘SEARCH.’’ Click on Open Docket
                                                Approved: April 25, 2018.                                                                                   navigation concern for any vessel within
                                                                                                      Folder on the line associated with this
                                                Signed this 25th day of April 2018.                                                                         a 500-yard radius of the operations. This
                                                                                                      rule.
                                              Preston Rutledge,                                                                                             rule is needed to protect personnel,
                                                                                                      FOR FURTHER INFORMATION CONTACT: If                   vessels, and the marine environment in
                                              Assistant Secretary, Employee Benefits                  you have questions on this rule, call or              the navigable waters within the safety
                                              Security Administration, Department of                  email LTJG Sean V. Murphy, Sector
                                              Labor.                                                                                                        zone while the operations are ongoing.
                                                                                                      Sault Sainte Marie Waterways
                                                Dated: April 25, 2018.                                Management Chief, U.S. Coast Guard;                   IV. Discussion of the Rule
                                              Seema Verma,                                            telephone 906–635–3319, email                            This rule establishes a safety zone
                                              Administrator, Centers for Medicare &
                                                                                                      sssmprevention@uscg.mil.                              from April 30, 2018 until October 30,
                                              Medicaid Services.                                      SUPPLEMENTARY INFORMATION:                            2018. The safety zone will cover all
                                                Dated: April 27, 2018.                                I. Table of Abbreviations                             navigable waters within 500 yards of
                                                                                                                                                            construction equipment vessel working
                                              Alex M. Azar II,                                        CFR Code of Federal Regulations                       and surveying damaged utility cables in
                                              Secretary, Department of Health and Human               DHS Department of Homeland Security                   the Straits of Mackinac. The duration of
                                              Services.                                               FR Federal Register                                   the zone is intended to protect
                                              [FR Doc. 2018–09369 Filed 4–30–18; 4:15 pm]             NPRM Notice of proposed rulemaking
                                                                                                      § Section
                                                                                                                                                            personnel, vessels, and the marine
                                              BILLING CODE 4120–01–P
                                                                                                      U.S.C. United States Code                             environment in these navigable waters
                                                                                                      ROV Remotely Operated Underwater                      while operations are ongoing. The zone
                                                                                                        Vehicle                                             will be enforced at various times
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                                                                                                                                                            throughout this period. Local Broadcast
                                                                                                      II. Background Information and                        Notice to mariners, via VHF–FM marine
                                                                                                      Regulatory History                                    channel 16, will notify mariners when
                                                                                                        The Coast Guard is issuing this                     the construction vessels are conducting
                                                                                                      temporary rule without prior notice and               operations and the zone is being
                                                                                                      opportunity to comment pursuant to                    enforced. No vessel or person will be
                                                                                                      authority under section 4(a) of the                   permitted to enter the safety zone


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                                                                  Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations                                             19437

                                              without obtaining permission from the                   Fairness Act of 1996 (Pub. L. 104–121),               E. Unfunded Mandates Reform Act
                                              COTP or a designated representative.                    we want to assist small entities in                     The Unfunded Mandates Reform Act
                                                                                                      understanding this rule. If the rule                  of 1995 (2 U.S.C. 1531–1538) requires
                                              V. Regulatory Analyses
                                                                                                      would affect your small business,                     Federal agencies to assess the effects of
                                                We developed this rule after                          organization, or governmental
                                              considering numerous statutes and                                                                             their discretionary regulatory actions. In
                                                                                                      jurisdiction and you have questions                   particular, the Act addresses actions
                                              Executive orders related to rulemaking.                 concerning its provisions or options for
                                              Below we summarize our analyses                                                                               that may result in the expenditure by a
                                                                                                      compliance, please contact the person                 State, local, or tribal government, in the
                                              based on a number of these statutes and                 listed in the FOR FURTHER INFORMATION
                                              Executive orders, and we discuss First                                                                        aggregate, or by the private sector of
                                                                                                      CONTACT section.                                      $100,000,000 (adjusted for inflation) or
                                              Amendment rights of protestors.
                                                                                                         Small businesses may send comments                 more in any one year. Though this rule
                                              A. Regulatory Planning and Review                       on the actions of Federal employees                   will not result in such an expenditure,
                                                 Executive Orders 12866 and 13563                     who enforce, or otherwise determine                   we do discuss the effects of this rule
                                              direct agencies to assess the costs and                 compliance with, Federal regulations to               elsewhere in this preamble.
                                              benefits of available regulatory                        the Small Business and Agriculture                    F. Environment
                                              alternatives and, if regulation is                      Regulatory Enforcement Ombudsman
                                              necessary, to select regulatory                         and the Regional Small Business                         We have analyzed this rule under
                                              approaches that maximize net benefits.                  Regulatory Fairness Boards. The                       Department of Homeland Security
                                              Executive Order 13771 directs agencies                  Ombudsman evaluates these actions                     Directive 023–01 and Commandant
                                              to control regulatory costs through a                   annually and rates each agency’s                      Instruction M16475.1D, which guide the
                                              budgeting process. This rule has not                    responsiveness to small business. If you              Coast Guard in complying with the
                                              been designated a ‘‘significant                         wish to comment on actions by                         National Environmental Policy Act of
                                              regulatory action,’’ under Executive                    employees of the Coast Guard, call 1–                 1969 (42 U.S.C. 4321–4370f), and have
                                              Order 12866. Accordingly, this rule has                 888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                              not been reviewed by the Office of                      Coast Guard will not retaliate against                category of actions that do not
                                              Management and Budget (OMB), and                                                                              individually or cumulatively have a
                                                                                                      small entities that question or complain
                                              pursuant to OMB guidance it is exempt                                                                         significant effect on the human
                                                                                                      about this rule or any policy or action
                                              from the requirements of Executive                                                                            environment. This rule involves a safety
                                                                                                      of the Coast Guard.
                                              Order 13771.                                                                                                  zone that will prohibit entry within 500
                                                 This regulatory action determination                 C. Collection of Information                          yards of construction equipment vessels
                                              is based on the size, and location of the                                                                     in the Straits of Mackinac surveying and
                                              safety zone. Vessel traffic will be able to               This rule will not call for a new                   conducting repairs to damaged utility
                                              safely transit around this safety zone                  collection of information under the                   cables. It is categorically excluded from
                                              which would impact a small designated                   Paperwork Reduction Act of 1995 (44                   further review under paragraph L60 (a)
                                              area of the Straits of Mackinac during a                U.S.C. 3501–3520).                                    of Appendix A, Table 1 of DHS
                                              time of year when vessel traffic is                     D. Federalism and Indian Tribal                       Instruction Manual 023–01–001–01,
                                              normally low. Moreover, the Coast                                                                             Rev. 01. A Record of Environmental
                                                                                                      Governments
                                              Guard would issue a Broadcast Notice to                                                                       Consideration supporting this
                                              Mariners via VHF–FM marine channel                         A rule has implications for federalism             determination is available in the docket
                                              16 about the zone, and the rule would                   under Executive Order 13132,                          where indicated under ADDRESSES.
                                              allow vessels to seek permission to enter               Federalism, if it has a substantial direct            G. Protest Activities
                                              the zone.                                               effect on the States, on the relationship
                                                                                                      between the national government and                     The Coast Guard respects the First
                                              B. Impact on Small Entities                                                                                   Amendment rights of protesters.
                                                                                                      the States, or on the distribution of
                                                 The Regulatory Flexibility Act of                    power and responsibilities among the                  Protesters are asked to contact the
                                              1980, 5 U.S.C. 601–612, as amended,                     various levels of government. We have                 person listed in the FOR FURTHER
                                              requires Federal agencies to consider                                                                         INFORMATION CONTACT section to
                                                                                                      analyzed this rule under that Order and
                                              the potential impact of regulations on                  have determined that it is consistent                 coordinate protest activities so that your
                                              small entities during rulemaking. The                   with the fundamental federalism                       message can be received without
                                              term ‘‘small entities’’ comprises small                                                                       jeopardizing the safety or security of
                                                                                                      principles and preemption requirements
                                              businesses, not-for-profit organizations                                                                      people, places or vessels.
                                                                                                      described in Executive Order 13132.
                                              that are independently owned and                                                                              List of Subjects in 33 CFR Part 165
                                              operated and are not dominant in their                     Also, this rule does not have tribal
                                              fields, and governmental jurisdictions                  implications under Executive Order                      Harbors, Marine safety, Navigation
                                              with populations of less than 50,000.                   13175, Consultation and Coordination                  (water), Reporting and recordkeeping
                                              The Coast Guard certifies under 5 U.S.C.                with Indian Tribal Governments,                       requirements, Security measures,
                                              605(b) that this rule will not have a                   because it does not have a substantial                Waterways.
                                              significant economic impact on a                        direct effect on one or more Indian                     For the reasons discussed in the
                                              substantial number of small entities.                   tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                                 While some owners or operators of                    Federal Government and Indian tribes,                 CFR part 165 as follows:
                                              vessels intending to transit the safety                 or on the distribution of power and
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                                              zone may be small entities, for the                     responsibilities between the Federal                  PART 165—REGULATED NAVIGATION
                                              reasons stated in section V.A. above,                   Government and Indian tribes. If you                  AREAS AND LIMITED ACCESS AREAS
                                              this rule will not have a significant                   believe this rule has implications for
                                              economic impact on any vessel owner                     federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                              or operator.                                            contact the person listed in the FOR                  continues to read as follows:
                                                 Under section 213(a) of the Small                    FURTHER INFORMATION CONTACT section                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              Business Regulatory Enforcement                         above.                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;



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                                              19438               Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations

                                              Department of Homeland Security Delegation              SUMMARY:   Pursuant to the Federal Clean                On March 6, 2018, we received six
                                              No. 0170.1.                                             Air Act (CAA or the Act), the                         anonymous public comments on the
                                              ■ 2. Add § 165.T09–0397 to read as                      Environmental Protection Agency (EPA)                 proposed rulemaking action. The
                                              follows:                                                is approving portions of Louisiana’s                  comments are posted to the docket
                                                                                                      State Implementation Plan (SIP)                       (EPA–R06–OAR–2015–0851). Several of
                                              § 165.T09–0397 Safety Zone; Straits of                  submittal and a technical supplement,                 the commenters provided the air quality
                                              Mackinac, Mackinaw City, MI.                            that address a CAA requirement that                   index for March 2, 2018 for various
                                                 (a) Location. The following area is a                SIPs account for potential interstate                 locations across the USA and compared
                                              safety zone: All navigable waters of the                transport of air pollution that                       them to various locations across Asia.
                                              Straits of Mackinac, from surface to                    significantly contributes to                          Other commenters discussed the
                                              bottom, within a 500 yard radius around                 nonattainment or interferes with                      shortcomings of the tariffs and conflict
                                              construction equipment vessels.                         maintenance of the 2012 fine particulate              minerals law. Such comments are not
                                                 (b) Definitions. As used in this                     matter (PM2.5) National Ambient Air                   relevant to the Clean Air requirements
                                              section, designated representative                      Quality Standards (NAAQS) in other                    being addressed here and are outside
                                              means a Coast Guard petty officer,                      states. EPA finds that emissions from                 the scope of this specific rule making
                                              warrant officer, or commissioned officer                Louisiana sources do not contribute                   action.
                                              and any Federal, State, and local officer               significantly to nonattainment in, or
                                              designated by or assisting the Captain of               interfere with maintenance by, any                    II. Final Action
                                              the Port Sault Sainte Marie (COTP) in                   other state with regard to the 2012 PM2.5               We are approving the portions of the
                                              the enforcement of the safety zone.                     NAAQS.                                                December 11, 2015 Louisiana SIP
                                                 (c) Regulations. (1) Under the general               DATES: This rule is effective on June 4,              revision pertaining to emissions that
                                              safety zone regulations in subpart C of                 2018.                                                 significantly contribute to
                                              this part, you may not enter the safety                 ADDRESSES: The EPA has established a                  nonattainment or interfere with
                                              zone described in paragraph (a) of this                 docket for this action under Docket ID                maintenance of the 2012 PM2.5 NAAQS
                                              section unless authorized by the COTP                   No. EPA–R06–OAR–2015–0851. All                        in other states and the supplemental
                                              or the COTP’s designated representative.                documents in the docket are listed on                 information provided to us on July 7,
                                                 (2) To seek permission to enter,                     the http://www.regulations.gov website.               2017. We find that emissions from
                                              contact the COTP or the COTP’s                          Although listed in the index, some                    Louisiana sources do not contribute
                                              representative by VHF radio channel 16                  information is not publicly available,                significantly to nonattainment in, or
                                              or call 906–635–3319. Those in the                      e.g., Confidential Business Information               interfere with maintenance by, any
                                              safety zone must comply with all lawful                 or other information whose disclosure is              other state with regard to the 2012 PM2.5
                                              orders or directions given to them by the               restricted by statute. Certain other                  NAAQS.
                                              COTP or the COTP’s designated                           material, such as copyrighted material,
                                              representative.                                                                                               III. Statutory and Executive Order
                                                                                                      is not placed on the internet and will be             Reviews
                                                 (d) Enforcement periods. This section                publicly available only in hard copy
                                              is effective from April 30, 2018, until                 form. Publicly available docket                         Under the CAA, the Administrator is
                                              October 30, 2018. It will be enforced                   materials are available either                        required to approve a SIP submission
                                              while construction vessels operate                      electronically through http://                        that complies with the provisions of the
                                              within the designated location in                       www.regulations.gov or in hard copy at                Act and applicable Federal regulations.
                                              paragraph (a) of this section. Local                    the EPA Region 6, 1445 Ross Avenue,                   42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                              Broadcast Notice to mariners via VHF–                   Suite 700, Dallas, Texas 75202–2733.                  Thus, in reviewing SIP submissions, the
                                              FM marine channel 16 will notify                        FOR FURTHER INFORMATION CONTACT:                      EPA’s role is to approve state choices,
                                              mariners when vessels are conducting                    Sherry Fuerst, 214–665–6454,                          provided that they meet the criteria of
                                              operations.                                             fuerst.sherry@epa.gov.                                the CAA. Accordingly, this action
                                                Dated: April 30, 2018.                                                                                      merely approves state law as meeting
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              Marko R. Broz,                                                                                                Federal requirements and does not
                                                                                                      Throughout this document ‘‘we,’’ ‘‘us,’’
                                                                                                                                                            impose additional requirements beyond
                                              Captain, U.S. Coast Guard, Captain of the               and ‘‘our’’ means the EPA.
                                              Port, Sector Sault Sainte Marie.                                                                              those imposed by state law. For that
                                                                                                      I. Background                                         reason, this action:
                                              [FR Doc. 2018–09407 Filed 5–2–18; 8:45 am]
                                                                                                         The background for this action is                    • Is not a ‘‘significant regulatory
                                              BILLING CODE 9110–04–P
                                                                                                      discussed in detail in our February 1,                action’’ subject to review by the Office
                                                                                                      2018 proposal (83 FR 4617). In that                   of Management and Budget under
                                                                                                      document we proposed to approve                       Executive Orders 12866 (58 FR 51735,
                                              ENVIRONMENTAL PROTECTION                                portions of Louisiana’s State                         October 4, 1993) and 13563 (76 FR 3821,
                                              AGENCY                                                  Implementation Plan (SIP) submittal                   January 21, 2011);
                                                                                                      and a technical supplement, that                        • Is not an Executive Order 13771 (82
                                              40 CFR Part 52
                                                                                                      address a CAA requirement that SIPs                   FR 9339, February 2, 2017) regulatory
                                              [EPA–R06–OAR–2015–0851; FRL–9977–                       account for potential interstate transport            action because SIP approvals are
                                              02—Region 6]                                            of air pollution that significantly                   exempted under Executive Order 12866;
                                                                                                      contributes to nonattainment or                         • Does not impose an information
                                              Approval and Promulgation of                            interferes with maintenance of the 2012               collection burden under the provisions
sradovich on DSK3GMQ082PROD with RULES




                                              Implementation Plans; Louisiana;                        PM2.5 NAAQS in other states. We                       of the Paperwork Reduction Act (44
                                              Interstate Transport Requirements for                   proposed to determine that emissions                  U.S.C. 3501 et seq.);
                                              the 2012 PM2.5 NAAQS                                    from Louisiana sources do not                           • Is certified as not having a
                                              AGENCY:  Environmental Protection                       contribute significantly to                           significant economic impact on a
                                              Agency (EPA).                                           nonattainment in, or interfere with                   substantial number of small entities
                                                                                                      maintenance by, any other state with                  under the Regulatory Flexibility Act (5
                                              ACTION: Final rule.
                                                                                                      regard to the 2012 PM2.5 NAAQS.                       U.S.C. 601 et seq.);


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Document Created: 2018-05-02 23:48:33
Document Modified: 2018-05-02 23:48:33
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
ActionTemporary final rule.
DatesThis rule is effective from May 3, 2018 until October 30, 2018. It will be enforced with actual notice from April 30, 2018, until May 3, 2018.
ContactIf you have questions on this rule, call or email LTJG Sean V. Murphy, Sector Sault Sainte Marie Waterways Management Chief, U.S. Coast Guard; telephone 906-635-3319, email [email protected]
FR Citation83 FR 19436 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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