Great Lakes-Regulated Navigation Areas and Safety Zones, 37517-37520 [2017-16997]

Download as PDF Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations 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). asabaliauskas on DSKBBXCHB2PROD with RULES 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 VerDate Sep<11>2014 16:16 Aug 10, 2017 Jkt 241001 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 safety zone that will prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within a limited area surrounding the SC–41 Bridge on the waters of the Wando River for two six hour periods. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Record of Environmental Consideration are 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 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: 37517 Captain of the Port Charleston in the enforcement of the regulated areas. (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the Captain of the Port Charleston by telephone at (843) 740– 7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative. (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (d) Enforcement period. This rule will be enforced from August 4, 2017 through August 30, 2017, during demolition activity. Dated: August 3, 2017. G.G. Stump, Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2017–16993 Filed 8–10–17; 8:45 am] BILLING CODE 9110–04–P PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS DEPARTMENT OF HOMELAND SECURITY 1. The authority citation for part 165 continues to read as follows: Coast Guard ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and Department of Homeland Security Delegation No. 0170. 33 CFR Part 165 [Docket Number USCG–2015–0084] RIN 1625–AA00, AA11 ■ 2. Add § 165.T07–0348 to read as follows: Great Lakes—Regulated Navigation Areas and Safety Zones § 165.T07–0348 Safety Zone; Demolition of SC–41 Bridge, Wando River, Charleston, SC. AGENCY: (a) Location. All waters of the Wando River encompassed within a 500-yard radius of SC–41 Bridge, vessels and machinery. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 ACTION: Coast Guard, DHS. Final rule. The Coast Guard is amending its Great Lakes Regulated Navigation Areas to include one additional regulated navigation area in Green Bay, WI and safety zones in the Lake Erie Islands, OH and Saginaw Bay, MI. These zones will apply during the winter months and are necessary to protect waterway users, vessels, and mariners from hazards associated with winter conditions and navigation. E:\FR\FM\11AUR1.SGM 11AUR1 37518 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations This rule is effective September 11, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2015– 0084 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 Matthew Stroebel, Ninth District Coast Guard Prevention, U.S. Coast Guard; telephone 216–902–6060, email matthew.k.stroebel@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: I. Table of Abbreviations asabaliauskas on DSKBBXCHB2PROD with RULES CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register LCA Lake Carrier’s Association NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History On May 22, 2015, the Coast Guard proposed a rule to establish three regulated navigation areas (RNA) and two safety zones in its Great Lakes area. These zones were intended to improve the safety of both recreational users and commercial shipping in high use areas. During the comment period that ended July 6, 2015, we received a total of 6 comments. We received one comment from the Lake Carriers’ Association stating that it found the rule unnecessary and expressed concern that the rule will impede vessels’ ability to respond quickly and creatively to winter conditions. The comment suggested that COTP Orders specifically tailored to existing and forecasted conditions is a better way to respond to hazardous ice conditions. We agree that in Maumee Bay and the Straits of Mackinac, COTP orders can be used instead of an RNA since safety issues occur less frequently in these areas. Our determination is that in Green Bay an RNA is necessary due to the high concentration of recreational users and expected increased commercial vessel traffic in the zone. Based on the comments received regarding the May 22, 2015 NPRM, we amended the proposed rule and issued a supplemental notice of proposed rulemaking (SNPRM) on April 21, 2017. This supplemental notice of proposed rulemaking retracts the Coast Guard’s proposals to create new regulated navigation areas in Maumee Bay and the Straits of Mackinac in accordance with the feedback received from the Lake VerDate Sep<11>2014 16:16 Aug 10, 2017 Jkt 241001 Carriers Association. We also retracted our proposal to re-designate three existing regulated navigation areas as safety zones. Instead, this rulemaking proposed to add two safety zones in the Lake Erie Islands and Saginaw Bay to protect recreational ice users. We also proposed to add one regulated navigation area in Green Bay to manage increased commercial traffic in an area that typically experiences high volumes of recreational use. We received one comment from the Lake Carriers Association (LCA). As a result of the LCA’s comment to the original NPRM we modified the rule to not include zones in Maumee Bay or the Straits of Mackinac. LCA commented that zones in those locations would be detrimental to industry. In response to the SNPRM, LCA engaged with their member corporations and did not receive any feedback opposing the addition of a regulated navigation area in Green Bay. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The District Commander has determined that there are potential hazards associated with commercial shipping traffic in close vicinity to recreational ice use. These areas attract recreational ice users during the winter months. Vessel traffic would disrupt ice integrity in these areas and pose risks to these recreational waterway users, which may include people and vehicles falling through the ice. To mitigate these risks, the Coast Guard is establishing safety zones and a regulated navigation area. IV. Discussion of Comments, Changes, and the Rule As noted above, we received one comment on our SNPRM published April 21, 2017. This comment was not in opposition to the rule. There are no changes in the regulatory text of this rule from the proposed rule in the SNPRM. This rule establishes two safety zones, one in Saginaw Bay, MI, and the other in the Lake Erie Islands, OH. The safety zones will be activated when ice conditions warrant and will be deactivated when the ice dissipates in the spring. During the time the safety zones are active, vessels will not be permitted to transit through the zones which will protect recreational ice users from the dangers associated with icebreaking. This rule also establishes a regulated navigation area in southern Green Bay, WI. This RNA will allow the Coast Guard to regulate when commercial traffic is permitted in southern Green PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Bay and will give the public a minimum of 72 hours notice before a vessel is permitted to transit the area. This will best manage the risks associated with recreational ice users and vessels operating in Southern Green Bay. 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 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. The proposed amendments involve closure areas and a vessel management area, designed to be implemented only during winter months, as ice conditions dictate. As to the impact of the closure area on Lake Erie near the South Channel and the Lake Erie Islands, OH, the Coast Guard notes that industry vessels have taken alternative routes bypassing the Lake Erie Islands when recreational ice users are present. The Coast Guard anticipates the same practice when this area is closed. Further, regarding the closure area on the waters of Lake Huron in Saginaw Bay, Michigan, the Coast Guard anticipates closing Saginaw Bay after giving due consideration to industry’s need to traverse the area. Moreover, under certain circumstances, the Coast Guard may permit vessel traffic to transit the closure areas. Regarding the regulated navigation area in Green Bay, it is designed to regulate the conditions of vessel transit for safety. Overall, we expect the economic impact of this proposed rule to be minimal and that a full Regulatory Evaluation is unnecessary. 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 E:\FR\FM\11AUR1.SGM 11AUR1 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations 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 received no comments from the Small Business Administration on this rulemaking. 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 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. asabaliauskas on DSKBBXCHB2PROD with RULES 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 VerDate Sep<11>2014 16:16 Aug 10, 2017 Jkt 241001 with the fundamental federalism principles and preemption requirements described in Executive Order13132. 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. 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 amendments to navigation regulations and establishment of a safety zones. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are 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 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 37519 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 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. ■ 2. Revise § 165.901 to read as follows: § 165.901 Great Lakes—regulated navigation areas and safety zones. (a) The following are regulated navigation areas: (1) Lake Huron. (i) The waters of Lake Huron known as South Channel between Bois Blanc Island and Cheboygan, Michigan; bounded by a line north from Cheboygan Crib Light (LL–1340) at 45°39′48″ N., 84°27′36″ W.; to Bois Blanc Island at 45°43′42″ N., 84°27′36″ W.; and a line north from the mainland at 45°43′00″ N., 84°35′30″ W; to the western tangent of Bois Blanc Island at 45°48′42″ N., 84°35′30″ W. (ii) The waters of Lake Huron between Mackinac Island and St. Ignace, Michigan, bounded by a line east from position 45°52′12″ N., 84°43′00″ W.; to Mackinac Island at 45°52′12″ N., 84°39′00″ W.; and a line east from the mainland at 45°53′12″ N., 84°43′30″ W.; to the northern tangent of Mackinac Island at 45°53′12″ N., 84°38′48″ W. (2) Lake Michigan. (i) The waters of Lake Michigan known as Gray’s Reef Passage bounded by a line from Gray’s Reef Light (LL–2006) at 45°46′00″ N., 85°09′12″ W.; to White Shoals Light (LL–2003) at 45°50′30″ N., 85°08′06″ W.; to a point at 45°49′12″ N., 85°04′48″ W.; then to a point at 45°45′42″ N., 85°08′42″ W.; then to the point of beginning. (ii) The waters of Lake Michigan known as Green Bay from Rock Island Passage or Porte Des Morts Passage north to Escanaba Light at 45°44′48″ N., 087°02′14″ W.; south to the Fox River Entrance at 44°32′22″ N., 088°00′19″ W., to the Sturgeon Bay Ship Canal from Sherwood Point Light at 44°53′34″ N., 087°26′00″ W.; to Sturgeon Bay Ship Canal Light at 44°47′42″ N., 087°18′48″ W.; and then to the point of beginning. E:\FR\FM\11AUR1.SGM 11AUR1 asabaliauskas on DSKBBXCHB2PROD with RULES 37520 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations (b) Regulations: (1) In the RNAs under paragraph (a) of this section, the District Commander or respective COTP may issue orders to control vessel traffic for reasons which include but are not limited to: Channel obstructions, winter navigation, unusual weather conditions, or unusual water levels. Prior to issuing these orders, the District Commander or respective COTP will provide advance notice as reasonably practicable under the circumstances. The respective COTP may close and open these regulated navigation areas as ice conditions dictate. (2) Prior to the closing or opening of the regulated navigation areas, the COTP will give interested parties, including both shipping interests and island residents, not less than 72 hours notice of the action. This notice will be given through Broadcast Notice to Mariners, Local Notice to Mariners, and press releases to the media (radio, print and television), local COTP will ensure widest dissemination. No vessel may navigate in a regulated navigation area which has been closed by the COTP. The general regulations in 33 CFR 165.13 apply. The District Commander or respective COTP retains the discretion to authorize vessels to operate outside of issued orders. (c) The following are safety zones: (1) Lake Erie. The area known as the Lake Erie Islands which is defined as the U.S. waters of Lake Erie at the intersection of the International Border at 082°55′00″ W., following the International Border eastward to the intersection of the International Border at 082°35′00″ W., moving straight south to position 41°25′00″ N., 082°35′00″ W., continuing west to position 41°25′00″ N., 082°55′00″ W., and ending north at the International Border and 082°55′00″ W. (2) Lake Huron. The waters of Lake Huron known as Saginaw Bay, Michigan; bounded by a line from Port Austin Reef Light (LL–10275) at 44°04′55″ N., 082°58′57″ W.; to Tawas Light (LL–11240) at 44°15′13″ N., 083°26′58″ W.; to Saginaw Bay Range Front Light (LL–10550) at 43°38′54″ N., 083°51′06″ W.; then to the point of beginning. (d) Enforcement: (1) The District Commander or respective Captain of the Port (COTP) will enforce these safety zones as ice conditions dictate. Under normal seasonal conditions, only one closing each winter and one opening each spring are anticipated. (2) Prior to closing or opening these safety zones, the District Commander or respective COTP will give the public VerDate Sep<11>2014 16:16 Aug 10, 2017 Jkt 241001 advance notice, not less than 72 hours prior to the closure. This notice will be given through Broadcast Notice to Mariners, Local Notice to Mariners, and press releases to the media (radio, print and television), and the local COTP will ensure widest dissemination. The general regulations in 33 CFR 165.23 apply. The District Commander or respective COTP retains the discretion to permit vessels to enter/transit a closed safety zone under certain circumstances. Dated: June 12, 2017. J.E. Ryan, Commander, RADM, U.S. Coast Guard, Ninth Coast Guard District. [FR Doc. 2017–16997 Filed 8–10–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2017–0259] Safety Zone; Cleveland National Air Show, Cleveland, OH Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a safety zone for the Cleveland National Air Show, Lake Erie and the Cleveland Harbor, Cleveland, OH from 8:00 a.m. until 6:00 p.m. each day from August 31, 2017 through September 4, 2017. This action is necessary to provide for the safety of life and property on navigable waters during this event. During the enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo. DATES: The regulation in 33 CFR 165.939(a)(35) will be enforced from 8:00 a.m. through 6:00 p.m., each day from August 31, 2017, through September 4, 2017. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice of enforcement, call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast Guard; telephone 216–937– 0124, email ryan.s.junod@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zones; Annual Events in the Captain of the Port Buffalo Zone listed in 33 CFR 165.939(a)(35) for the Cleveland National Air Show, Cleveland, OH from 8:00 a.m. to 6:00 p.m. each day from SUMMARY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 August 31, 2017 through September 4, 2017. This action is being taken to provide for the safety of life and property on navigable waters during this event. Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring within these safety zones during an enforcement period is prohibited unless authorized by the Captain of the Port Buffalo or his designated representative. Those seeking permission to enter one of these safety zones may request permission from the Captain of Port Buffalo via channel 16, VHF–FM. Vessels and persons granted permission to enter this safety zone shall obey the directions of the Captain of the Port Buffalo or his designated representative. While within the safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. This notice of enforcement is issued under authority of 33 CFR 165.939 and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of these enforcement periods via Broadcast Notice to Mariners and Local Notice to Mariners. If the Captain of the Port Buffalo determines that this safety zone need not be enforced for the full duration stated in this notice; he or she may use a Broadcast Notice to Mariners to grant general permission to enter the respective safety zone. Dated: August 7, 2017. Joseph S. Dufresne, Captain, U. S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2017–16973 Filed 8–10–17; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 710 [EPA–HQ–OPPT–2016–0426; FRL–9964–22] RIN 2070–AK24 TSCA Inventory Notification (ActiveInactive) Requirements Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The 2016 amendments to the Toxic Substances Control Act (TSCA) require EPA to designate chemical substances on the TSCA Chemical Substance Inventory as either ‘‘active’’ or ‘‘inactive’’ in U.S. commerce. To accomplish that, EPA is establishing a retrospective electronic notification of chemical substances on the TSCA Inventory that were manufactured SUMMARY: E:\FR\FM\11AUR1.SGM 11AUR1

Agencies

[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Rules and Regulations]
[Pages 37517-37520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16997]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0084]
RIN 1625-AA00, AA11


Great Lakes--Regulated Navigation Areas and Safety Zones

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its Great Lakes Regulated 
Navigation Areas to include one additional regulated navigation area in 
Green Bay, WI and safety zones in the Lake Erie Islands, OH and Saginaw 
Bay, MI. These zones will apply during the winter months and are 
necessary to protect waterway users, vessels, and mariners from hazards 
associated with winter conditions and navigation.

[[Page 37518]]


DATES: This rule is effective September 11, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0084 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 Matthew Stroebel, Ninth District Coast Guard 
Prevention, U.S. Coast Guard; telephone 216-902-6060, email 
matthew.k.stroebel@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LCA Lake Carrier's Association
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 22, 2015, the Coast Guard proposed a rule to establish three 
regulated navigation areas (RNA) and two safety zones in its Great 
Lakes area. These zones were intended to improve the safety of both 
recreational users and commercial shipping in high use areas. During 
the comment period that ended July 6, 2015, we received a total of 6 
comments. We received one comment from the Lake Carriers' Association 
stating that it found the rule unnecessary and expressed concern that 
the rule will impede vessels' ability to respond quickly and creatively 
to winter conditions. The comment suggested that COTP Orders 
specifically tailored to existing and forecasted conditions is a better 
way to respond to hazardous ice conditions. We agree that in Maumee Bay 
and the Straits of Mackinac, COTP orders can be used instead of an RNA 
since safety issues occur less frequently in these areas. Our 
determination is that in Green Bay an RNA is necessary due to the high 
concentration of recreational users and expected increased commercial 
vessel traffic in the zone.
    Based on the comments received regarding the May 22, 2015 NPRM, we 
amended the proposed rule and issued a supplemental notice of proposed 
rulemaking (SNPRM) on April 21, 2017. This supplemental notice of 
proposed rulemaking retracts the Coast Guard's proposals to create new 
regulated navigation areas in Maumee Bay and the Straits of Mackinac in 
accordance with the feedback received from the Lake Carriers 
Association. We also retracted our proposal to re-designate three 
existing regulated navigation areas as safety zones. Instead, this 
rulemaking proposed to add two safety zones in the Lake Erie Islands 
and Saginaw Bay to protect recreational ice users. We also proposed to 
add one regulated navigation area in Green Bay to manage increased 
commercial traffic in an area that typically experiences high volumes 
of recreational use.
    We received one comment from the Lake Carriers Association (LCA). 
As a result of the LCA's comment to the original NPRM we modified the 
rule to not include zones in Maumee Bay or the Straits of Mackinac. LCA 
commented that zones in those locations would be detrimental to 
industry. In response to the SNPRM, LCA engaged with their member 
corporations and did not receive any feedback opposing the addition of 
a regulated navigation area in Green Bay.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The District Commander has determined that there are potential 
hazards associated with commercial shipping traffic in close vicinity 
to recreational ice use. These areas attract recreational ice users 
during the winter months. Vessel traffic would disrupt ice integrity in 
these areas and pose risks to these recreational waterway users, which 
may include people and vehicles falling through the ice. To mitigate 
these risks, the Coast Guard is establishing safety zones and a 
regulated navigation area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our SNPRM published 
April 21, 2017. This comment was not in opposition to the rule. There 
are no changes in the regulatory text of this rule from the proposed 
rule in the SNPRM.
    This rule establishes two safety zones, one in Saginaw Bay, MI, and 
the other in the Lake Erie Islands, OH. The safety zones will be 
activated when ice conditions warrant and will be deactivated when the 
ice dissipates in the spring. During the time the safety zones are 
active, vessels will not be permitted to transit through the zones 
which will protect recreational ice users from the dangers associated 
with icebreaking.
    This rule also establishes a regulated navigation area in southern 
Green Bay, WI. This RNA will allow the Coast Guard to regulate when 
commercial traffic is permitted in southern Green Bay and will give the 
public a minimum of 72 hours notice before a vessel is permitted to 
transit the area. This will best manage the risks associated with 
recreational ice users and vessels operating in Southern Green Bay.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The proposed amendments involve closure areas and a vessel 
management area, designed to be implemented only during winter months, 
as ice conditions dictate. As to the impact of the closure area on Lake 
Erie near the South Channel and the Lake Erie Islands, OH, the Coast 
Guard notes that industry vessels have taken alternative routes 
bypassing the Lake Erie Islands when recreational ice users are 
present. The Coast Guard anticipates the same practice when this area 
is closed. Further, regarding the closure area on the waters of Lake 
Huron in Saginaw Bay, Michigan, the Coast Guard anticipates closing 
Saginaw Bay after giving due consideration to industry's need to 
traverse the area. Moreover, under certain circumstances, the Coast 
Guard may permit vessel traffic to transit the closure areas. Regarding 
the regulated navigation area in Green Bay, it is designed to regulate 
the conditions of vessel transit for safety. Overall, we expect the 
economic impact of this proposed rule to be minimal and that a full 
Regulatory Evaluation is unnecessary.

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

[[Page 37519]]

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 received no comments 
from the Small Business Administration on this rulemaking. 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 
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 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 
Order13132.
    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.

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 amendments to navigation regulations and establishment of 
a safety zones. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are 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 
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. Revise Sec.  165.901 to read as follows:


Sec.  [thinsp]165.901  Great Lakes--regulated navigation areas and 
safety zones.

    (a) The following are regulated navigation areas:
    (1) Lake Huron. (i) The waters of Lake Huron known as South Channel 
between Bois Blanc Island and Cheboygan, Michigan; bounded by a line 
north from Cheboygan Crib Light (LL-1340) at 45[deg]39'48'' N., 
84[deg]27'36'' W.; to Bois Blanc Island at 45[deg]43'42'' N., 
84[deg]27'36'' W.; and a line north from the mainland at 45[deg]43'00'' 
N., 84[deg]35'30'' W; to the western tangent of Bois Blanc Island at 
45[deg]48'42'' N., 84[deg]35'30'' W.
    (ii) The waters of Lake Huron between Mackinac Island and St. 
Ignace, Michigan, bounded by a line east from position 45[deg]52'12'' 
N., 84[deg]43'00'' W.; to Mackinac Island at 45[deg]52'12'' N., 
84[deg]39'00'' W.; and a line east from the mainland at 45[deg]53'12'' 
N., 84[deg]43'30'' W.; to the northern tangent of Mackinac Island at 
45[deg]53'12'' N., 84[deg]38'48'' W.
    (2) Lake Michigan. (i) The waters of Lake Michigan known as Gray's 
Reef Passage bounded by a line from Gray's Reef Light (LL-2006) at 
45[deg]46'00'' N., 85[deg]09'12'' W.; to White Shoals Light (LL-2003) 
at 45[deg]50'30'' N., 85[deg]08'06'' W.; to a point at 45[deg]49'12'' 
N., 85[deg]04'48'' W.; then to a point at 45[deg]45'42'' N., 
85[deg]08'42'' W.; then to the point of beginning.
    (ii) The waters of Lake Michigan known as Green Bay from Rock 
Island Passage or Porte Des Morts Passage north to Escanaba Light at 
45[deg]44'48'' N., 087[deg]02'14'' W.; south to the Fox River Entrance 
at 44[deg]32'22'' N., 088[deg]00'19'' W., to the Sturgeon Bay Ship 
Canal from Sherwood Point Light at 44[deg]53'34'' N., 087[deg]26'00'' 
W.; to Sturgeon Bay Ship Canal Light at 44[deg]47'42'' N., 
087[deg]18'48'' W.; and then to the point of beginning.

[[Page 37520]]

    (b) Regulations:
    (1) In the RNAs under paragraph (a) of this section, the District 
Commander or respective COTP may issue orders to control vessel traffic 
for reasons which include but are not limited to: Channel obstructions, 
winter navigation, unusual weather conditions, or unusual water levels. 
Prior to issuing these orders, the District Commander or respective 
COTP will provide advance notice as reasonably practicable under the 
circumstances. The respective COTP may close and open these regulated 
navigation areas as ice conditions dictate.
    (2) Prior to the closing or opening of the regulated navigation 
areas, the COTP will give interested parties, including both shipping 
interests and island residents, not less than 72 hours notice of the 
action. This notice will be given through Broadcast Notice to Mariners, 
Local Notice to Mariners, and press releases to the media (radio, print 
and television), local COTP will ensure widest dissemination. No vessel 
may navigate in a regulated navigation area which has been closed by 
the COTP. The general regulations in 33 CFR 165.13 apply. The District 
Commander or respective COTP retains the discretion to authorize 
vessels to operate outside of issued orders.
    (c) The following are safety zones:
    (1) Lake Erie. The area known as the Lake Erie Islands which is 
defined as the U.S. waters of Lake Erie at the intersection of the 
International Border at 082[deg]55'00'' W., following the International 
Border eastward to the intersection of the International Border at 
082[deg]35'00'' W., moving straight south to position 41[deg]25'00'' 
N., 082[deg]35'00'' W., continuing west to position 41[deg]25'00'' N., 
082[deg]55'00'' W., and ending north at the International Border and 
082[deg]55'00'' W.
    (2) Lake Huron. The waters of Lake Huron known as Saginaw Bay, 
Michigan; bounded by a line from Port Austin Reef Light (LL-10275) at 
44[deg]04'55'' N., 082[deg]58'57'' W.; to Tawas Light (LL-11240) at 
44[deg]15'13'' N., 083[deg]26'58'' W.; to Saginaw Bay Range Front Light 
(LL-10550) at 43[deg]38'54'' N., 083[deg]51'06'' W.; then to the point 
of beginning.
    (d) Enforcement:
    (1) The District Commander or respective Captain of the Port (COTP) 
will enforce these safety zones as ice conditions dictate. Under normal 
seasonal conditions, only one closing each winter and one opening each 
spring are anticipated.
    (2) Prior to closing or opening these safety zones, the District 
Commander or respective COTP will give the public advance notice, not 
less than 72 hours prior to the closure. This notice will be given 
through Broadcast Notice to Mariners, Local Notice to Mariners, and 
press releases to the media (radio, print and television), and the 
local COTP will ensure widest dissemination. The general regulations in 
33 CFR 165.23 apply. The District Commander or respective COTP retains 
the discretion to permit vessels to enter/transit a closed safety zone 
under certain circumstances.

    Dated: June 12, 2017.
J.E. Ryan,
Commander, RADM, U.S. Coast Guard, Ninth Coast Guard District.
[FR Doc. 2017-16997 Filed 8-10-17; 8:45 am]
 BILLING CODE 9110-04-P