[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Rules and Regulations]
[Pages 23351-23353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08013]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0207]
RIN 1625-AA87


Security Zone; Kokosing ROV Survey Operation, Straits of 
Mackinac, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone for 
navigable waters within a 500-yard radius of Tug Valerie B, Tug Nancy 
Anne, Tug Champion, Tug General and crew boat Timmy V. The security 
zone is needed to protect the remotely operated vehicle survey 
operations from other vessels. Entry of vessels into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sault Ste. Marie.

DATES: This rule is effective from May 1, 2023, through May 31, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0207 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Deaven S. Palenzuela, Sector Sault Sainte Marie 
Waterways Management Division, U. S. Coast Guard at (906) 635-3223 or 
email [email protected].

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. 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 it is impractical to publish an NPRM 
by the date operations begin and we must establish a security zone in 
order to ensure that remotely operated vehicle (``ROV'') operations can 
be conducted safely.
    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 impracticable because immediate action is needed to 
respond to the potential safety hazards posed by vessel traffic to 
Kokosing Industrial's ROV survey operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034, 70051, 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; and Department 
of Homeland Security Delegation No. 00170.1, Revision No. 01.3. The 
Captain of the Port Sault Ste. Marie (COTP) has determined that 
potential safety hazards posed by other vessels to ROV survey 
operations within one nautical mile of charted submerged pipeline or 
cable in the Straits of Mackinac RNA starting May 1, 2023, will be a 
concern and is establishing security zone within a 500-yard radius of 
Tug Valerie B, Tug Nancy Anne, Tug Champion, Tug General and crew boat 
Timmy V. This rule is needed to protect the vessels and personnel 
involved in the ROV survey operations from other vessels transiting the 
Straits of Mackinac at the same time this project is being conducted.

IV. Discussion of the Rule

    This rule establishes a security zone from May 1, 2023 through May 
31, 2023. The security zone will cover all navigable waters within 500 
yards of Tug Valerie B, Tug Nancy Anne, Tug Champion, Tug General and 
crew boat Timmy V. The duration of the security zone is intended to 
protect personnel and vessels involved with conducting the ROV survey 
operations. No vessel or person will be permitted to enter the security 
zone without obtaining permission from the COTP.

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. 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).
    This regulatory action determination is based on the size and 
location of the security zone. Vessel traffic will be able to safely 
transit around this security zone which would impact a small designated 
area of the Straits of Mackinac. Moreover, the Coast Guard will issue a 
Local Notice to Mariners about the security 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,

[[Page 23352]]

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 
security 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.

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 
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 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 a 
security zone lasting from May 1, 2023 through May 31, 2023 that will 
prohibit entry within 500 yards of Tug Valerie B, Tug Nancy Anne, Tug 
Champion, Tug General and crew boat Timmy V conducting ROV survey 
operations within one nautical mile of charted submerged pipeline or 
cable in the Straits of Mackinac RNA. It is categorically excluded from 
further review under paragraph L[60(a)] of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for Record 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

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 record 
keeping 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. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T09-0207 to read as follows:


Sec.  165.T09-0207  Security Zone; Tugs Valerie B, Nancy Anne, 
Champion, and General and crew boat Timmy V operating in the Straits of 
Mackinac, MI.

    (a) Location. The following areas are security zones: All navigable 
water within 500 yards of the Tugs Valerie B, Nancy Anne, Champion and 
General and crew boat Timmy V while conducting ROV survey operations 
within one nautical mile of charted submerged pipeline or cable within 
the Straits of Mackinac RNA.
    (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 
security zone.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security 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, contact the COTP or the COTP's 
representative by VHF Channel 16 or telephone at (906) 635-3233. Those 
in the security zone must comply with all lawful orders or directions 
given to them by the COTP or the COTP's designated representative.


[[Page 23353]]


    Dated: April 3, 2023.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2023-08013 Filed 4-14-23; 8:45 am]
BILLING CODE 9110-04-P


