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