83_FR_28494 83 FR 28376 - Safety Zone; Enbridge Anchoring Operations, Straits of Mackinac, MI

83 FR 28376 - Safety Zone; Enbridge Anchoring Operations, Straits of Mackinac, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 118 (June 19, 2018)

Page Range28376-28378
FR Document2018-13110

The Coast Guard is establishing a temporary safety zone in the Captain of the Port, Sault Sainte Marie zone. This safety zone is intended to restrict certain portions of the waters of Lake Michigan in the Straits of Mackinac in the vicinity of a construction barge and tug. This temporary safety zone is necessary to protect the public and workers from the potential hazards associated with diving operations and installation of additional pipeline anchors.

Federal Register, Volume 83 Issue 118 (Tuesday, June 19, 2018)
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Rules and Regulations]
[Pages 28376-28378]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13110]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0546]
RIN 1625-AA00


Safety Zone; Enbridge Anchoring Operations, Straits of Mackinac, 
MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Captain of the Port, Sault Sainte Marie zone. This safety zone is 
intended to restrict certain portions of the waters of Lake Michigan in 
the Straits of Mackinac in the vicinity of a construction barge and 
tug. This temporary safety zone is necessary to protect the public and 
workers from the potential hazards associated with diving operations 
and installation of additional pipeline anchors.

DATES: This rule is effective without actual notice from June 19, 2018 
until September 4, 2018. For the purposes of enforcement, actual notice 
will be used from June 15, 2018, until June 19, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0546 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 MSTC Steven Durden, Sector Sault Sainte Marie Waterways 
Management Division, U.S. Coast Guard; telephone 906-635-3222, email 
Steven.E.Durden@uscg.mil.

SUPPLEMENTARY INFORMATION: 

[[Page 28377]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. The Coast Guard was notified of the 
approval of this project by the State of Michigan and U.S. Army Corp of 
Engineers on May 22, 2018. Delaying this rule to wait for a notice and 
comment period to run would be impracticable and contrary to the public 
interest because it would inhibit the Coast Guard's ability to protect 
the public and workers from the potential hazards associated with 
diving operations and installation of additional pipeline anchors.
    We are issuing this final rule, and under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making it effective less 
than 30 days after publication in the Federal Register. For the same 
reasons discussed in the preceding paragraph, a 30 day notice period 
would be impracticable and contrary to the public interest. It is 
impracticable to wait for the 30 day notice period to run because we 
must establish this safety zone immediately to protect the public from 
the hazards associated with diving operations and installation of 
additional pipeline anchors.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    This rule establishes a safety zone from June 15, 2018 until 
September 4, 2018. The safety zone will cover all navigable waters of 
Lake Michigan, Straits of Mackinac within 500ft of a construction barge 
and tug. This rule is needed to protect the public and workers within 
the safety zone while diving operations and installation of additional 
pipeline anchors are taking place.

IV. Discussion of the Rule

    This rule is necessary to ensure the safety of the public and 
workers during the aforementioned operations. The temporary safety zone 
will encompass all U.S. navigable waters within 500ft of the barge 
``Big Digger'' while operating in the Mackinac Straits between the 
areas marked on chart 14880 as ``Pipeline & Cable Area.'' The western 
boundary is a line from 45[deg]50'1'' N, 084[deg]46'05'' W to 
45[deg]47'30'' N, 084[deg]47'00'' W. The eastern boundary is a line 
from 45[deg]50'20'' N, 084[deg]45'08'' W to 45[deg]47'20'' N, 
84[deg]46'14'' W. The safety zone will be enforced until September 4, 
2018.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port, Sault Sainte 
Marie, or his designated representative. The Captain of the Port or a 
designated on-scene representative may be contacted via VHF Channel 16 
or telephone at 906-635-3233.

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, the 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.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule is 
confined to area encompassing urgent operations. Under certain 
conditions, moreover, vessels may still transit through the safety 
zones when permitted by the Captain of the Port.

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.
    This rule will affect the following entities, some of which might 
be small entities: the owners or operators of the vessels intending to 
transit in the vicinity of the safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons identified in the 
Regulatory Planning and Review section. Further, the Coast Guard will 
give advance notice to the public via a Broadcast Notice to Mariners so 
the public can plan accordingly.
    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

[[Page 28378]]

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 
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 establishment of a safety zone and, therefore, 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 (REC) supporting this 
determination is available in the docket where indicated in the 
ADDRESSES section of this preamble. However, 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. Add Sec.  165.T09-0546 to read as follows:


Sec.  165.T09-0546  Safety Zone; Enbridge Anchoring Operations, Straits 
of Mackinac, MI.

    (a) Location. The following areas are temporary safety zones: All 
U.S. navigable waters within 500 ft of a construction barge and tug 
while operating in the Mackinac Straits between the areas marked on 
chart 14880 as ``Pipeline & Cable Area.'' The western boundary is a 
line from 45[deg]50'1'' N, 084[deg]46'05'' W to 45[deg]47'30'' N, 
084[deg]47'00'' W. The eastern boundary is a line from 45[deg]50'20'' 
N, 084[deg]45'08'' W to 45[deg]47'20'' N, 84[deg]46'14'' W.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within the safety 
zone described in paragraph (a) is prohibited unless authorized by the 
Captain of the Port, Sault Sainte Marie or his designated 
representative.
    (2) Vessel Operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port, Sault Sainte Marie, or his 
on-scene representative via VHF Channel 16 or telephone at 906-635-
3233. Vessel operators given permission to enter or operate in the 
safety zone must comply with all directions given to them by the 
Captain of the Port, Sault Sainte Marie or his on-scene representative.
    (c) This rule will be enforced from June 15, 2018, until September 
4, 2018.

    Dated: June 13, 2018
M.R. Broz,
Captain, U.S. Coast Guard Captain of the Port, Sector Sault Sainte 
Marie.
[FR Doc. 2018-13110 Filed 6-18-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             28376                 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations

                                                                                                                                  TABLE THREE
                                                                                                                                                           Side lights,                                    Forward          Anchor lights
                                                                                                                                                                                  Stern light,
                                                                                         Masthead          Side lights              Stern light              distance                                    anchor light,       relationship
                                                                                                                                                                                 distance for-
                                                                                       lights arc of          arc of                   arc of              inboard of                                    height above       of aft light to
                                                  Vessel                Number                                                                                                   ward of stern
                                                                                      visibility; rule    visibility; rule         visibility; rule       ship’s sides                                      hull in        forward light in
                                                                                                                                                                                  in meters;
                                                                                           21(a)              21(b)                    21(c)                in meters                                    meters; 2(K)        meters 2(K)
                                                                                                                                                                                  rule 21(c)
                                                                                                                                                          3(b) annex 1                                     annex 1             annex 1


                                                    *                         *                             *                                *                            *                              *                      *
                                             USS SOUTH             SSN 790 .... ......................   ......................              206.0°                    4.37                  11.05                  2.8                 0.30
                                              DAKOTA.

                                                        *                         *                         *                                *                             *                             *                      *



                                             *      *       *       *       *                                25. * * *

                                             *      *       *       *       *

                                                                                                                                  TABLE FOUR
                                                                                                                                                                                                                    Distance in meters
                                                                                                                                                                                                                     of masthead light
                                                                            Vessel                                                                             Number                                              below the submarine
                                                                                                                                                                                                                    identification lights


                                                    *                   *                                 *                           *                                 *                                *                      *
                                             USS SOUTH DAKOTA .......................................................      SSN 790 .............................................................................            0.81



                                                 26. * * *

                                                                                                                                                                                                   Obstruction angle relative to ship’s
                                                                                                                                                                                                               headings
                                                                         Vessel                                                                     Number
                                                                                                                                                                                                   Forward anchor         Aft anchor light
                                                                                                                                                                                                        light


                                                    *                   *                                 *                          *                                *                                *                        *
                                             USS SOUTH DAKOTA ..............................................     SSN 790 ....................................................................      172° to 188° .....     359° to 1°.



                                             *      *       *       *       *                            DEPARTMENT OF HOMELAND                                                    operations and installation of additional
                                               Approved: May 29, 2018.                                   SECURITY                                                                  pipeline anchors.
                                             A.S. Janin,                                                 Coast Guard                                                               DATES: This rule is effective without
                                             Captain, JAGC, U.S. Navy, Deputy Assistant                                                                                            actual notice from June 19, 2018 until
                                             Judge Advocate, General (Admiralty and                      33 CFR Part 165                                                           September 4, 2018. For the purposes of
                                             Maritime Law Division).                                                                                                               enforcement, actual notice will be used
                                                                                                         [Docket Number USCG–2018–0546]
                                               Dated: June 13, 2018.                                                                                                               from June 15, 2018, until June 19, 2018.
                                             E.K. Baldini,                                               RIN 1625–AA00
                                                                                                                                                                                   ADDRESSES:   To view documents
                                             Lieutenant Commander, Judge Advocate                        Safety Zone; Enbridge Anchoring                                           mentioned in this preamble as being
                                             General’s Corps, U.S. Navy, Federal Register                                                                                          available in the docket, go to http://
                                                                                                         Operations, Straits of Mackinac, MI
                                             Liaison Officer.                                                                                                                      www.regulations.gov, type USCG–2018–
                                             [FR Doc. 2018–13124 Filed 6–18–18; 8:45 am]                 AGENCY:         Coast Guard, DHS.                                         0546 in the ‘‘SEARCH’’ box and click
                                             BILLING CODE 3810–FF–P                                      ACTION:        Temporary final rule.                                      ‘‘SEARCH.’’ Click on Open Docket
                                                                                                         SUMMARY:    The Coast Guard is                                            Folder on the line associated with this
                                                                                                         establishing a temporary safety zone in                                   rule.
                                                                                                         the Captain of the Port, Sault Sainte                                     FOR FURTHER INFORMATION CONTACT:     If
                                                                                                         Marie zone. This safety zone is intended                                  you have questions on this rule, call or
                                                                                                         to restrict certain portions of the waters
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                                                   email MSTC Steven Durden, Sector
                                                                                                         of Lake Michigan in the Straits of                                        Sault Sainte Marie Waterways
                                                                                                         Mackinac in the vicinity of a                                             Management Division, U.S. Coast
                                                                                                         construction barge and tug. This                                          Guard; telephone 906–635–3222, email
                                                                                                         temporary safety zone is necessary to                                     Steven.E.Durden@uscg.mil.
                                                                                                         protect the public and workers from the
                                                                                                         potential hazards associated with diving                                  SUPPLEMENTARY INFORMATION:



                                        VerDate Sep<11>2014     20:20 Jun 18, 2018    Jkt 244001   PO 00000     Frm 00026         Fmt 4700       Sfmt 4700   E:\FR\FM\19JNR1.SGM             19JNR1


                                                                Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations                                         28377

                                             I. Table of Abbreviations                               needed to protect the public and                       Under certain conditions, moreover,
                                             CFR Code of Federal Regulations                         workers within the safety zone while                   vessels may still transit through the
                                             DHS Department of Homeland Security                     diving operations and installation of                  safety zones when permitted by the
                                             FR Federal Register                                     additional pipeline anchors are taking                 Captain of the Port.
                                             NPRM Notice of proposed rulemaking                      place.
                                                                                                                                                            B. Impact on Small Entities
                                             § Section
                                             U.S.C. United States Code                               IV. Discussion of the Rule                                The Regulatory Flexibility Act of
                                                                                                        This rule is necessary to ensure the                1980, 5 U.S.C. 601–612, as amended,
                                             II. Background Information and
                                                                                                     safety of the public and workers during                requires Federal agencies to consider
                                             Regulatory History
                                                                                                     the aforementioned operations. The                     the potential impact of regulations on
                                                The Coast Guard is issuing this                      temporary safety zone will encompass                   small entities during rulemaking. The
                                             temporary rule without prior notice and                 all U.S. navigable waters within 500ft of              term ‘‘small entities’’ comprises small
                                             opportunity to comment pursuant to                      the barge ‘‘Big Digger’’ while operating               businesses, not-for-profit organizations
                                             authority under section 4(a) of the                     in the Mackinac Straits between the                    that are independently owned and
                                             Administrative Procedure Act (APA) (5                   areas marked on chart 14880 as                         operated and are not dominant in their
                                             U.S.C. 553(b)). This provision                          ‘‘Pipeline & Cable Area.’’ The western                 fields, and governmental jurisdictions
                                             authorizes an agency to issue a rule                    boundary is a line from 45°50′1″ N,                    with populations of less than 50,000.
                                             without prior notice and opportunity to                 084°46′05″ W to 45°47′30″ N, 084°47′00″                The Coast Guard certifies under 5 U.S.C.
                                             comment when the agency for good                        W. The eastern boundary is a line from                 605(b) that this rule will not have a
                                             cause finds that those procedures are                   45°50′20″ N, 084°45′08″ W to 45°47′20″                 significant economic impact on a
                                             ‘‘impracticable, unnecessary, or contrary               N, 84°46′14″ W. The safety zone will be                substantial number of small entities.
                                             to the public interest.’’ Under 5 U.S.C.                enforced until September 4, 2018.                         This rule will affect the following
                                             553(b)(B), the Coast Guard finds that                      Entry into, transiting, or anchoring                entities, some of which might be small
                                             good cause exists for not publishing a                  within the safety zone is prohibited                   entities: the owners or operators of the
                                             notice of proposed rulemaking (NPRM)                    unless authorized by the Captain of the                vessels intending to transit in the
                                             with respect to this rule because doing                 Port, Sault Sainte Marie, or his                       vicinity of the safety zone.
                                             so would be impracticable and contrary                  designated representative. The Captain                    This safety zone will not have a
                                             to the public interest. The Coast Guard                 of the Port or a designated on-scene                   significant economic impact on a
                                             was notified of the approval of this                    representative may be contacted via                    substantial number of small entities for
                                             project by the State of Michigan and                    VHF Channel 16 or telephone at 906–                    the reasons identified in the Regulatory
                                             U.S. Army Corp of Engineers on May 22,                  635–3233.                                              Planning and Review section. Further,
                                             2018. Delaying this rule to wait for a                                                                         the Coast Guard will give advance
                                             notice and comment period to run                        V. Regulatory Analyses                                 notice to the public via a Broadcast
                                             would be impracticable and contrary to                    We developed this rule after                         Notice to Mariners so the public can
                                             the public interest because it would                    considering numerous statutes and                      plan accordingly.
                                             inhibit the Coast Guard’s ability to                    Executive Orders related to rulemaking.                   Under section 213(a) of the Small
                                             protect the public and workers from the                 Below we summarize our analyses                        Business Regulatory Enforcement
                                             potential hazards associated with diving                based on a number of these statutes and                Fairness Act of 1996 (Pub. L. 104–121),
                                             operations and installation of additional               Executive Orders, and we discuss First                 we want to assist small entities in
                                             pipeline anchors.                                       Amendment rights of protestors.                        understanding this rule. If the rule
                                                We are issuing this final rule, and                                                                         would affect your small business,
                                                                                                     A. Regulatory Planning and Review
                                             under 5 U.S.C. 553(d)(3), the Coast                                                                            organization, or governmental
                                             Guard finds that good cause exists for                     Executive Orders 12866 and 13563                    jurisdiction and you have questions
                                             making it effective less than 30 days                   direct agencies to assess the costs and                concerning its provisions or options for
                                             after publication in the Federal                        benefits of available regulatory                       compliance, please contact the person
                                             Register. For the same reasons                          alternatives and, if regulation is                     listed in the FOR FURTHER INFORMATION
                                             discussed in the preceding paragraph, a                 necessary, to select regulatory                        CONTACT section.
                                             30 day notice period would be                           approaches that maximize net benefits.                    Small businesses may send comments
                                             impracticable and contrary to the public                Executive Order 13771 directs agencies                 on the actions of Federal employees
                                             interest. It is impracticable to wait for               to control regulatory costs through a                  who enforce, or otherwise determine
                                             the 30 day notice period to run because                 budgeting process. This rule has not                   compliance with, Federal regulations to
                                             we must establish this safety zone                      been designated a ‘‘significant                        the Small Business and Agriculture
                                             immediately to protect the public from                  regulatory action,’’ under Executive                   Regulatory Enforcement Ombudsman
                                             the hazards associated with diving                      Order 12866. Accordingly, the rule has                 and the Regional Small Business
                                             operations and installation of additional               not been reviewed by the Office of                     Regulatory Fairness Boards. The
                                             pipeline anchors.                                       Management and Budget (OMB), and                       Ombudsman evaluates these actions
                                                                                                     pursuant to OMB guidance it is exempt                  annually and rates each agency’s
                                             III. Legal Authority and Need for Rule                  from the requirements of Executive                     responsiveness to small business. If you
                                                The legal basis for the rule is the                  Order 13771.                                           wish to comment on actions by
                                             Coast Guard’s authority to establish                       We conclude that this rule is not a                 employees of the Coast Guard, call
                                             safety zones: 33 U.S.C. 1231; 33 CFR                    significant regulatory action because we               1–888–REG–FAIR (1–888–734–3247).
                                             1.05–1, 160.5; Department of Homeland                   anticipate that it will have minimal                   The Coast Guard will not retaliate
                                                                                                     impact on the economy, will not
daltland on DSKBBV9HB2PROD with RULES




                                             Security Delegation No. 0170.1.                                                                                against small entities that question or
                                                This rule establishes a safety zone                  interfere with other agencies, will not                complain about this rule or any policy
                                             from June 15, 2018 until September 4,                   adversely alter the budget of any grant                or action of the Coast Guard.
                                             2018. The safety zone will cover all                    or loan recipients, and will not raise any
                                             navigable waters of Lake Michigan,                      novel legal or policy issues. The safety               C. Collection of Information
                                             Straits of Mackinac within 500ft of a                   zone created by this rule is confined to                 This rule will not call for a new
                                             construction barge and tug. This rule is                area encompassing urgent operations.                   collection of information under the


                                        VerDate Sep<11>2014   20:20 Jun 18, 2018   Jkt 244001   PO 00000   Frm 00027   Fmt 4700   Sfmt 4700   E:\FR\FM\19JNR1.SGM   19JNR1


                                             28378              Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations

                                             Paperwork Reduction Act of 1995 (44                     Rev. 01. A Record of Environmental                     representative via VHF Channel 16 or
                                             U.S.C. 3501–3520).                                      Consideration (REC) supporting this                    telephone at 906–635–3233. Vessel
                                                                                                     determination is available in the docket               operators given permission to enter or
                                             D. Federalism and Indian Tribal
                                                                                                     where indicated in the ADDRESSES                       operate in the safety zone must comply
                                             Governments
                                                                                                     section of this preamble. However, we                  with all directions given to them by the
                                                A rule has implications for federalism               seek any comments or information that                  Captain of the Port, Sault Sainte Marie
                                             under Executive Order 13132,                            may lead to the discovery of a                         or his on-scene representative.
                                             Federalism, if it has a substantial direct              significant environmental impact from                     (c) This rule will be enforced from
                                             effect on the States, on the relationship               this rule.                                             June 15, 2018, until September 4, 2018.
                                             between the national government and
                                                                                                     G. Protest Activities                                    Dated: June 13, 2018
                                             the States, or on the distribution of
                                                                                                                                                            M.R. Broz,
                                             power and responsibilities among the                      The Coast Guard respects the First
                                             various levels of government. We have                   Amendment rights of protesters.                        Captain, U.S. Coast Guard Captain of the
                                                                                                                                                            Port, Sector Sault Sainte Marie.
                                             analyzed this rule under that Order and                 Protesters are asked to contact the
                                             have determined that it is consistent                                                                          [FR Doc. 2018–13110 Filed 6–18–18; 8:45 am]
                                                                                                     person listed in the FOR FURTHER
                                             with the fundamental federalism                         INFORMATION CONTACT section to                         BILLING CODE 9110–04–P

                                             principles and preemption requirements                  coordinate protest activities so that your
                                             described in Executive Order 13132.                     message can be received without
                                                Also, this rule does not have tribal                 jeopardizing the safety or security of                 DEPARTMENT OF HOMELAND
                                             implications under Executive Order                      people, places or vessels.                             SECURITY
                                             13175, Consultation and Coordination
                                                                                                     List of Subjects in 33 CFR Part 165                    Coast Guard
                                             with Indian Tribal Governments,
                                             because it does not have a substantial                    Harbors, Marine safety, Navigation
                                                                                                                                                            33 CFR Part 165
                                             direct effect on one or more Indian                     (water), Reporting and recordkeeping
                                             tribes, on the relationship between the                 requirements, Security measures,
                                             Federal Government and Indian tribes,                   Waterways.                                             [Docket No. USCG–2018–0584]
                                             or on the distribution of power and                       For the reasons discussed in the                     Safety Zones; Recurring Safety Zones
                                             responsibilities between the Federal                    preamble, the Coast Guard amends 33                    in Captain of the Port Sault Sainte
                                             Government and Indian tribes. If you                    CFR part 165 as follows:                               Marie Zone for Events Beginning in
                                             believe this rule has implications for
                                                                                                                                                            June 2018
                                             federalism or Indian tribes, please                     PART 165—REGULATED NAVIGATION
                                             contact the person listed in the FOR                    AREAS AND LIMITED ACCESS AREAS                         AGENCY:  Coast Guard, DHS.
                                             FURTHER INFORMATION CONTACT section                                                                            ACTION: Notice of enforcement of
                                             above.                                                  ■ 1. The authority citation for part 165
                                                                                                     continues to read as follows:                          regulation.
                                             E. Unfunded Mandates Reform Act
                                                                                                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            SUMMARY:   The Coast Guard will enforce
                                               The Unfunded Mandates Reform Act                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              established safety zones for the Grand
                                             of 1995 (2 U.S.C. 1531–1538) requires                   Department of Homeland Security Delegation             Marais Splash In, Jordan Valley
                                             Federal agencies to assess the effects of               No. 0170.1.                                            Freedom Festival Fireworks, Festival of
                                             their discretionary regulatory actions. In              ■ 2. Add § 165.T09–0546 to read as                     Fireworks Celebration Fireworks, and
                                             particular, the Act addresses actions                   follows:                                               National Cherry Festival starting in
                                             that may result in the expenditure by a                                                                        June, 2018 to provide for the safety of
                                             State, local, or tribal government, in the              § 165.T09–0546 Safety Zone; Enbridge                   life on navigable waterways. Our
                                             aggregate, or by the private sector of                  Anchoring Operations, Straits of Mackinac,
                                                                                                                                                            regulation for safety zones within the
                                             $100,000,000 (adjusted for inflation) or                MI.
                                                                                                                                                            Captain of the Port Sault Sainte Marie
                                             more in any one year. Though this rule                     (a) Location. The following areas are               Zone identifies the regulated area for
                                             will not result in such an expenditure,                 temporary safety zones: All U.S.                       these safety zones. During the
                                             we do discuss the effects of this rule                  navigable waters within 500 ft of a                    enforcement periods, vessels must stay
                                             elsewhere in this preamble.                             construction barge and tug while                       out of the established safety zone and
                                                                                                     operating in the Mackinac Straits                      may only enter with permission from
                                             F. Environment                                          between the areas marked on chart                      the designated representative of the
                                               We have analyzed this rule under                      14880 as ‘‘Pipeline & Cable Area.’’ The                Captain of the Port Sault Sainte Marie.
                                             Department of Homeland Security                         western boundary is a line from
                                                                                                                                                            DATES: The regulations in 33 CFR
                                             Management Directive 023–01 and                         45°50′1″ N, 084°46′05″ W to 45°47′30″
                                             Commandant Instruction M16475.lD,                                                                              165.918 will be enforced for the safety
                                                                                                     N, 084°47′00″ W. The eastern boundary
                                             which guide the Coast Guard in                                                                                 zones identified in the SUPPLEMENTARY
                                                                                                     is a line from 45°50′20″ N, 084°45′08″ W
                                                                                                                                                            INFORMATION section below for the dates
                                             complying with the National                             to 45°47′20″ N, 84°46′14″ W.
                                             Environmental Policy Act of 1969 (42                       (b) Regulations. (1) In accordance                  and times specified.
                                             U.S.C. 4321–4370f), and have                            with the general regulations in § 165.23,              FOR FURTHER INFORMATION CONTACT: If
                                             determined that this action is one of a                 entry into, transiting, or anchoring                   you have questions about this
                                             category of actions that do not                         within the safety zone described in                    publication, call or email Chief Steven
                                             individually or cumulatively have a                     paragraph (a) is prohibited unless                     Durden, Waterways Management, Coast
                                                                                                                                                            Guard Sector Sault Sainte Marie, U.S.
daltland on DSKBBV9HB2PROD with RULES




                                             significant effect on the human                         authorized by the Captain of the Port,
                                             environment. This rule involves                         Sault Sainte Marie or his designated                   Coast Guard; telephone 906–635–3222,
                                             establishment of a safety zone and,                     representative.                                        email Steven.E.Durden@uscg.mil.
                                             therefore, is categorically excluded from                  (2) Vessel Operators desiring to enter              SUPPLEMENTARY INFORMATION: The Coast
                                             further review under paragraph L60(a)                   or operate within the safety zone shall                Guard will enforce the safety zones in
                                             of Appendix A, Table 1 of DHS                           contact the Captain of the Port, Sault                 33 CFR 165.918 as per the time, dates,
                                             Instruction Manual 023–01–001–01,                       Sainte Marie, or his on-scene                          and locations in Table 1.


                                        VerDate Sep<11>2014   20:20 Jun 18, 2018   Jkt 244001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\19JNR1.SGM   19JNR1



Document Created: 2018-07-02 11:21:56
Document Modified: 2018-07-02 11:21:56
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 without actual notice from June 19, 2018 until September 4, 2018. For the purposes of enforcement, actual notice will be used from June 15, 2018, until June 19, 2018.
ContactIf you have questions on this rule, call or email MSTC Steven Durden, Sector Sault Sainte Marie Waterways Management Division, U.S. Coast Guard; telephone 906-635-3222, email [email protected]
FR Citation83 FR 28376 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR