[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Proposed Rules]
[Pages 60926-60928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19238]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 162

[Docket No. USCG-2020-0521]
RIN 1625-AA11


Connecting Waters From Lake Huron to Lake Erie; Traffic Rules

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to amend the navigation 
regulations between the Great Lakes. Specifically, this proposed 
amendment would allow a vessel to overtake another vessel that has 
slowed its speed to await berth availability or to make the turn for 
Rouge River and the overtaking vessel has so advised the Canadian Coast 
Guard Marine communications and Traffic Services Centre located in 
Sarnia, Ontario. Currently, the regulation only permits vessels to 
overtake vessels engaged in towing between the west end of Belle Isle 
and Peche Island Light. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related materials must reach the Coast Guard on or 
before October 29, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0521 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 on this proposed 
rule, call or email Tracy Girard, Sector Detroit, Coast Guard; 
telephone (313) 568-9564, email Tracy.M.Girard@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 purpose of this rulemaking is to update the navigation rule in 
Sec.  162.134(a)(4) to improve traffic efficiency on the river while 
maintaining safety. The Canadian Coast

[[Page 60927]]

Guard has modified their traffic rules to reflect this change and the 
Lake Carriers Association has endorsed this change. This proposed rule 
would provide consistency on the river, and would apprise the public in 
a timely manner through permanent publication in Title 33 of the Code 
of Federal Regulations.

III. Discussion of Proposed Rule

    This proposed modification to the rule will allow a vessel to 
overtake another vessel that has slowed its speed to await berth 
availability or to make the turn for Rouge River and the overtaking 
vessel has so advised the Canadian Coast Guard Marine Communications 
and Traffic Services Centre located in Sarnia, Ontario. This will 
improve traffic efficiency on the river while maintaining safety. 
Currently 33 CFR 162.134(a)(4) states, ``Between the west end of Belle 
Isle and Peche Island Light, vessels may only overtake vessels engaged 
in towing.'' We propose to replace 33 CFR 162.134(a)(4) with ``Between 
the west end of Belle Isle and Peche Island Light, vessels may overtake 
vessels if the vessel to be overtaken is engaged in towing or has 
slowed its speed to await berth availability or to make the turn for 
Rouge River, and the overtaking vessel has so advised the Canadian 
Coast Guard Marine Communications and Traffic Services Centre located 
in Sarnia, Ontario.''

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.

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.
    While some owners or operators of vessels intending to transit the 
regulated areas may be small entities, for the reasons stated in 
section IV.A above this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    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 contact 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 contact 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, Rev. 1, associated implementing 
instructions, 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 navigation 
rules. Normally such actions are categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble. 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 contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your

[[Page 60928]]

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 http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact 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 http://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 eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://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 33 CFR Part 162

    Navigation (water), Waterways.

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

PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS

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

    Authority:  33 U.S.C. 1231; Department of Homeland Security 
Delegation No. 0170.1.

0
2. In Sec.  162.134, revise paragraph (a)(4) to read as follows:


Sec.  162.134   Connecting waters from Lake Huron to Lake Erie; traffic 
rules.

    (a) * * *
    (4) Between the west end of Belle Isle and Peche Island Light, 
vessels may overtake vessels if the vessel to be overtaken is engaged 
in towing or has slowed its speed to await berth availability or to 
make the turn for Rouge River, and the overtaking vessel has so advised 
the Canadian Coast Guard Marine Communications and Traffic Services 
Centre located in Sarnia, Ontario.
* * * * *

    Dated: August 26, 2020.
Brad. W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2020-19238 Filed 9-28-20; 8:45 am]
BILLING CODE 9110-04-P


