[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Proposed Rules]
[Pages 41935-41937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14100]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 162

[Docket Number USCG-2019-0899]
RIN 1625-AC04


Inland Waterways Navigation: St. Marys River, Sault Ste. Marie, 
Michigan

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to exempt vessels under 20 meters 
(65 feet) in length operating in the St. Mary's River along Michigan's 
eastern Upper Peninsula from certain speed rules. Exempting such 
vessels from these rules is necessary because enforcement is 
impractical and the rules impede the operations of public response 
vessels. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 12, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0899 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LTJG Blake Bonifas, Waterways 
Management, Ninth Coast Guard District, Cleveland, OH, telephone (216) 
902-6066, email Blake.E.Bonifas@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, Purpose, and Legal Basis

    The inland navigation rules for the St. Marys River along 
Michigan's eastern Upper Peninsula are prescribed by 33 CFR 162.117. 
These rules include speed limits for stretches of the St. Marys River 
demarcated by lights.
    U.S. Coast Guard Vessel Traffic Services (VTS) St. Mary's River 
monitors and directs vessel traffic movement within the VTS St. Marys 
River area through a Vessel Movement Reporting System (VMRS). This VTS 
area overlaps the length of the St. Marys River governed by the speed 
rules in Sec.  162.117(g). The VMRS requires users, generally including 
commercial vessels of 20 meters or more, to report information, 
including their position, course, and speed. These users report their 
information through radio communications and Automatic Identification 
System (AIS). Because VTS St. Marys River tracks speed for VMRS users, 
it can and does enforce the speed rules in Sec.  162.117(g) on these 
users.
    Many non-VMRS vessels transit the length of the St. Marys River 
governed by the speed rules in Sec.  162.117(g). These vessels 
generally include private vessels under 20 meters. As non-VMRS users, 
these vessels are not required to report their speed to the VTS St. 
Marys River. Additionally, unlike commercial vessels of 20 meters or 
more, these vessels are not required to operate with AIS, the prevalent 
means of reporting location, course, and speed to VTS St. Marys River. 
Because the VTS St. Marys River cannot track these non-VMRS vessels, it 
cannot, realistically, enforce the speed rules in Sec.  162.117(g) on 
these vessels.
    The speed rules in Sec.  162.117(g) also impact the operational 
effectiveness of public response vessels in the St. Marys River. These 
vessels include small boats, generally under 20 meters, operated by the 
U.S. Coast Guard and federal, Canadian, state, and local partners. 
These small boats respond to pollution incidents, marine casualties, 
and perform search and rescue and law enforcement operations throughout 
the St. Marys River. These operations require public vessels to deploy 
and be on-scene rapidly. The speed rules impede response times and 
degrade operational effectiveness to the detriment of the boating 
public and industry.
    Because the speed rules in 162.117(g) are not enforceable on non-
VMRS users and impact operational effectiveness of public response 
boats, this rule proposes to exempt vessels under 20 meters (65 feet) 
from these speed rules.
    This proposed exemption is not anticipated to impact the St. Marys 
River VTS, VMRS, or its users. Additionally, it is not intended to 
relieve vessels under 20 meters from the responsibility to boat safely 
and exercise good seamanship. This proposed rule is issued under the 
authority of 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to amend the speed rules in 33 CFR 
162.117(g), because, as they are currently written, they are too broad 
and unnecessarily restrict vessel operations. Specifically, this rule 
proposes to exempt vessels under 20 meters (65 feet) from the speed 
rules in 162.117(g). The regulatory text we are proposing appears at 
the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 fact that we 
do not anticipate that it will adversely affect the economy, will not 
interfere with other agencies, will not adversely alter the budget of 
any grant of loan recipients, and will not raise any novel legal or 
policy issues. Rather, permitting vessels under 20 meters to operate 
free of the speed rules in 33 CFR 162.117(g)

[[Page 41936]]

will lessen restrictions on the public and enable public vessels to 
engage unimpeded in response operations.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This proposed amendment will lessen navigation restrictions on 
public entities, a large majority of recreational vessel owners and 
private businesses who operate small commercial vessels.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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 proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves an 
amendment to navigation regulations for speed limits within a waterway. 
Normally such actions are categorically excluded from further review 
under paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's Correspondence 
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 162

    Navigation (water), Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 162 as follows:

PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS

0
1. The authority citation for part 162 is revised to read as follows:

    Authority: 46 U.S.C 70034; Department of Homeland Security 
Delegation No. 0170.1.


[[Page 41937]]


0
2. In Sec.  162.117, revise paragraph (g)(1) to read as follows:


Sec.  162.117   St. Marys River, Sault Ste. Marie, Michigan.

* * * * *
    (g) Speed Rules. (1) The following speed limits indicate speed over 
the ground. Vessels, other than those under 20 meters (65 feet) in 
length, must adhere to the following speed limits.
* * * * *

    Dated: June 9, 2020.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2020-14100 Filed 7-10-20; 8:45 am]
BILLING CODE 9110-04-P


