[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Rules and Regulations]
[Pages 28376-28378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13110]


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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.

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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 
[email protected].

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


