[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Rules and Regulations]
[Pages 46885-46887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19256]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0755]
RIN 1625-AA00


Safety Zone; Les Cheneaux Islands, Cedarville, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones for 
navigable waters within 50 yards of certain swim routes of a marine 
event in the Les Cheneaux Islands, in Cedarville, MI. The safety zones 
are needed to protect event participants from risks associated with the 
boating public near highly trafficked areas of the waterway. Entry of 
vessels or persons into these zones is prohibited unless specifically 
authorized by the Captain of the Port Sault Sainte Marie or his 
representative.

DATES: This rule is effective from 7:00 a.m. to 3:00 p.m. on September 
8, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0755 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Sean Murphy, Waterways Management, Sector Sault Sainte 
Marie U.S. Coast Guard; telephone 906-635-3223, email 
Sean.V.Murphy@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C.

[[Page 46886]]

553(b)(B), the Coast Guard finds that good cause exists for not 
publishing a notice of proposed rulemaking (NPRM) with respect to this 
rule because the final details of the specific marine event and safety 
zone distance were not finalized within a sufficient time to allow for 
notice and a subsequent comment period before the commencement of the 
planned marine event. Delaying this rule to allow for a notice and 
comment period would be impracticable and contrary to the public 
interest because it would inhibit the Coast Guard's ability to protect 
the swimmers participating in this swim event.
    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 contrary to public interest because prompt action is 
needed to protect the swimmers participating in this event on September 
8, 2019.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sault Sainte 
Marie (COTP) has determined that potential hazards associated with 
swimmers swimming between the Les Cheneaux Islands in a swim event will 
be a safety concern for anyone within 50 yards of certain swim routes 
through highly trafficked areas of the Les Cheneaux Islands. This rule 
is needed to protect event participants and support vessels during the 
event.

IV. Discussion of the Rule

    This rule establishes safety zones from 7:00 a.m. until 3:00 p.m. 
on September 8, 2019. The duration of the zone is intended to protect 
event participants, support vessels, and the general boating public in 
these navigable waters during the marine event. No vessel or person 
will be permitted to enter the safety zones 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, 
duration, and location of the safety zones. Vessel traffic may request 
permission to transit the zone from the designated representative of 
the Captain of the Port, who may allow the vessel cross the Safety Zone 
when there is no risk to the event participants. The field of swimmers 
will not spread across the entirety of the waterway; thus, there will 
be opportunity for a designated representative of the Captain of the 
Port to allow vessels to transit the zones. 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 
call or email 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 call or email 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

[[Page 46887]]

more in any one year. Though this rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves safety zones that will prohibit entry 
within 50 yards of certain swim courses between the Les Cheneaux 
Islands. It is categorically excluded from further review under 
paragraph L[60(a)] in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures. 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 call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T09-0755 to read as follows:


Sec.  165.T09-0755   Safety Zones; Les Cheneaux Islands, Cedarville, 
MI.

    (a) Location. The following area is a safety zone: All navigable 
waters within 50 yards of a line drawn between the following 
coordinates, based on NAD 83:
    (1) 45[deg] 58.481' N, 084[deg] 17.546' W to 45[deg]58.535' N, 
084[deg] 18.102' W.
    (2) 45[deg] 58.158' N, 084[deg] 18.319' W to 45[deg] 58.157' N, 
084[deg] 18.595' W.
    (3) 45[deg] 59.468' N, 084[deg] 19.826' W to 45[deg] 58.973' N, 
084[deg] 19.807' W.
    (4) 45[deg] 58.445' N, 084[deg] 21.792' W to 45[deg] 58.301' N, 
084[deg] 22.003' W.
    (5) 45[deg] 58.535' N, 084[deg] 22.480' W to 45[deg] 58.732' N, 
084[deg] 22.591' W to 45[deg] 59.001' N, 084[deg] 22.914' W to 45[deg] 
59.044' N, 084[deg] 22.792' W.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sault Sainte Marie (COTP) in the enforcement of the 
safety zones.
    (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, hail the COTP's representative on 
an appropriate VHF channel. 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 period. This section will be enforced from 7:00 
a.m. to 3:00 p.m. on September 8, 2019.

    Dated: August 30, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2019-19256 Filed 9-5-19; 8:45 am]
 BILLING CODE 9110-04-P


