Regulated Navigation Area; Straits of Mackinac, 49283-49286 [2018-21132]
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Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or designated representative.
(2) To seek permission to enter,
contact the COTP or designated
representative via VHF–FM channel 16
or telephone at 910–362–4015 and
comply with all lawful orders or
directions given.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement periods. This section
will be enforced any time salvage
vessels are exhibiting visual signals for
vessels restricted in ability to maneuver
in accordance with 33 CFR 83.27(b) or
any time diving vessels are exhibiting
visual signals for vessels engaged in
diving operations in accordance with 33
CFR 83.27(e). The exact timeframe that
will be required to complete diving and
salvage operations is unknown, but the
Coast Guard estimates that it may take
21 days from beginning of salvage
operations until the channel is returned
to pre-Hurricane Florence conditions.
Dated: September 26, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2018–21276 Filed 9–28–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0563]
RIN 1625–AA11
Regulated Navigation Area; Straits of
Mackinac
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a Regulated Navigation
Area (RNA) for certain waters of the
Straits of Mackinac. This action is
necessary to provide for the safety of life
and protection of property on these
navigable waters near Mackinaw City,
MI. This rule prohibits persons and
vessels from anchoring or loitering
within the RNA unless authorized by
the Captain of the Port of Sault Sainte
Marie, Michigan or a designated
representative.
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SUMMARY:
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DATES:
This rule is effective October 31,
2018.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0563 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 Lieutenant Jason Radcliffe, Ninth
District Waterways Management, U.S.
Coast Guard; telephone 216–902–6060,
email Jason.A.Radcliffe2@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
RNA Regulated Navigation Area
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
RNA Regulated Navigation Area
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The northwest part of Lake Huron
forms the approach to, and the east part
of the, Straits of Mackinac. At the
extreme northwest end, the lake
narrows abruptly to a width of 4 miles.
Spanning this divide is the Mackinac
Bridge. Two main shipping lanes lead
north and south of Bois Blanc Island
and pass under the bridge. Numerous
shoals and several islands obstruct the
Straits Area. Located approximately a
mile west of the Mackinac Bridge are
submerged electrical cables and the
Enbridge Line 5 Pipeline. Posted on
NOAAs navigation charts are cautionary
notes advising mariners of the cable and
pipeline area. There is no prohibition
nor is there an enforcement mechanism
to discourage anchoring in this area.
The Captain of the Port (COTP) of Sault
Sainte Marie has determined that the
high volume of vessel transits and the
potential for damage to submerged
infrastructure warrants the creation of a
regulatory measure to specifically
outline an area of regulated navigation
that establishes transit and
communication expectations through
the Straits.
The purpose of this rulemaking is to
better enhance the safety of vessels and
protection of sub-surface cables and
pipelines within the navigable waters of
the Straits of Mackinac. The Coast
Guard publishes this rulemaking under
authority in 33 U.S.C. 1231; 50 U.S.C.
191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
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49283
160.5; Department of Homeland
Security Delegation No. 0170.1.
III. Legal Authority and Need for Rule
On the behalf of COTP Sector Sault
Sainte Marie, the Ninth Coast Guard
District is creating a Regulated
Navigation Area that mandates
transiting vessels make a direct passage
with no anchoring or loitering, unless
expressly granted permission from the
COTP or designated representative.
Vessels that are required to comply with
this RNA include vessels of 40 meters
or more in length, towing vessels of 20
meters or more in length while engaged
in towing another vessel, vessels
certificated to carry 50 or more
passengers for hire, when engaged in
trade, or any dredge or floating plant.
Within the RNA, the District
Commander or COTP may establish
temporary traffic rules that include but
are not limited to channel obstructions,
winter navigation, unusual weather
conditions, or unusual water levels.
This rule will ensure transiting mariners
are fully aware of existing and emergent
hazards to navigation on or below the
navigable waterways and provide the
Coast Guard with greater situational
awareness and oversight. The regulatory
text appears at the end of this
document.
IV. Discussion of Comments, Changes,
and the Rule
In total, we received 21 comments on
the proposed regulated navigation area
(RNA) for the Straits of Mackinac
published on August 2, 2018 (83 FR
37780). In consideration of the
comments received, we have amended
the regulatory text in this final rule.
We received seven comments
expressing support for proceeding with
the rulemaking.
One comment did not address the
proposed rule, nor offer any support for
or criticism against the rulemaking.
One commenter suggested that
pipelines and cables could be protected
with a smaller than proposed RNA. The
Coast Guard believes that requiring
ships to seek permission from the COTP
to anchor in any part of the regulated
area, coupled with the requirement to
notify the COTP 15 minutes prior to
getting underway, will reduce the
likelihood of an accidental anchor
deployment through areas with pipes
and cables below.
Another commenter expressed
disapproval of the proposed rule, saying
it would not prevent accidents in the
future. The comment did not offer any
suggestions for how to improve the
regulations. For the same reasons given
above, the Coast Guard believes that
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there will be fewer accidental anchor
deployments causing damage to the
pipes and cables below the surface.
One commenter suggested that we
should remove the pipelines. The
purpose of this RNA, however, is to
protect all of the submerged pipes and
cables in the Straits of Mackinac and to
prevent accidental anchor deployment
through them.
One comment from NOAA’s charting
team requested clarification of the
horizontal datum type used. In this final
rule, we include the horizontal datum
type, NAD 83, in the regulatory text
after the latitude coordinates.
We received four comments from
commercial vessel owners and operators
concerned that the rulemaking would
prohibit large vessels from anchoring to
safely endure foul weather. Other
commenters expressed similar concern
on having to anchor within the RNA,
away from submerged cables and
pipelines, in adverse weather with little
or no notice. To address these safety
concerns, we have added clarification
that in emergency cases, regulated
vessels may anchor in the RNA without
one hour notice to the COTP, but they
must give notice of anchoring as soon as
practical. Nothing in this rule prohibits
vessel masters from safely navigating
their vessels and/or anchoring when
necessary while in extremis and/or to
preserve safety of life at sea.
Communicating the need and requesting
permission to anchor with an hour’s
notice, or as soon as practicable, gives
the COTP the situational awareness and
ability to respond to mariner needs.
Six comments were received from
sight-seeing, ferry, and tourism related
waterway users concerned with this rule
prohibiting their ability to linger, loiter,
stop, etc. to observe specific areas of
interest. The Coast Guard does not
intend to overly burden businesses
engaged in these activities. Therefore,
we amended this final rule’s definition
of loiter to explicitly exclude brief stops
for sightseeing, ferrying and tourism.
Thus, operations that require stopping
by passenger ships for sightseeing,
ferrying, and tourism purposes do not
require expressed permission from the
COTP under this rule because we do not
think these brief stops reduce the safety
goals of this RNA. However, this rule
requires that vessels engaged in
sightseeing, ferrying, and tourism
contact the COTP within one hour of
their intent to anchor within the RNA.
The regulatory text in this final rule
differs from the NPRM in that we added
the ability for operators of vessels
engaged in activities, such as tourism,
ferrying, or sightseeing, to request a
waiver from the COTP to anchor within
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the RNA, but not within charted
submerged cables and/or pipelines
areas. The sightseeing, ferry, and
tourism waivers are intended for
frequent vessel operations and
configurations that are reasonably
determined by the COTP to not pose a
threat to sensitive submerged
infrastructure.
Lastly, this rule differs from the
NPRM in that we added language to
§ 165.944(c)(4) that states even when
one (1) hour notice is given to the
COTP, anchoring in the charted
submerged cable and pipeline areas is
prohibited. This additional language is
necessary to achieve our goal of
promoting safe transit through the RNA
now that we have added waivers and
permission to anchor with little to no
notice in emergencies.
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 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the fact that no part of this
rulemaking and its stipulations will
require any additional equipment
purchases or create an undue burden to
marine operations. This rule will
increase communication and situational
awareness of the specified area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
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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. The majority of this rule
applies to vessels typically larger than
those operated by small entities. The
size and operational applicability of this
rule is found at the end of this
document.
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
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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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
made a determination that this action is
one of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
creating a permanent Regulated
Navigation Area detailing how mariners
shall transit through the Straits of
Mackinac. Normally such actions are
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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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
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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. Add § 165.944 to read as follows:
§ 165.944 Regulated Navigation Area;
Straits of Mackinac.
(a) Location. All navigable waters of
the Straits of Mackinac bounded by
longitudes 084°20′ W and 085°10′ W
and latitudes 045°39′ N and 045°54′ N
(NAD 83), including Grays Reef Passage,
the South Channel between Bois Blanc
Island and Cheboygan, MI, and the
waters between Mackinac Island and St.
Ignace, MI.
(b) Applicability. Unless otherwise
stated, the provisions of this regulated
navigation area (RNA) apply to the
following vessels:
(1) Vessels of 40 meters (approx. 131
feet) or more in length, while
navigating;
(2) Towing vessels of 20 meters
(approx. 65 feet) or more in length,
while engaged in towing another vessel
astern, alongside or by pushing ahead;
or
(3) Vessels certificated to carry 50 or
more passengers for hire, when engaged
in trade; or
(4) Each dredge or floating plant.
(c) Regulations. The general
regulations contained in §§ 165.10,
165.11, and 165.13 apply within this
RNA.
(1) Nothing in this regulation relieves
any vessel, owner, operator, charterer,
master, or person directing the
movement of a vessel, from the
consequences of any neglect to comply
with this part or any other applicable
law or regulation (i.e. the International
Regulations for Prevention of Collisions
at Sea, 1972 (72 COLREGS) or the
Inland Navigation Rules) or of the
neglect of any precaution which may be
required by the ordinary practice of
seamen, or by the special circumstances
of the case.
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(2) Vessels transiting through the RNA
must comply with all directions given to
them by the COTP, or a designated
representative. The ‘‘designated
representative’’ of the COTP is any
Coast Guard commissioned, warrant or
petty officer who is designated by the
COTP to act on their behalf. The
designated representative may be on a
Coast Guard vessel; or other designated
craft; or on shore and communicating
via VHF–16 or telephone, 906–635–
3319.
(3) Vessels transiting through the RNA
must make a direct passage. No vessel
may anchor or loiter within the RNA at
any time without the expressed
permission of the COTP or a designated
representative.
(4) Vessels are prohibited from
anchoring in any charted submerged
cable and/or pipeline areas; except
when expressly permitted by the COTP.
Vessels desiring to anchor within the
confines of the RNA, but outside a
charted submerged cable and/or
pipeline area, must contact the COTP or
a designated representative one (1) hour
in advance of anchoring via VHF–16 or
telephone 906–635–3319. The person
directing the movement of the vessel
desiring to anchor shall provide the
time, purpose and location for the
proposed anchoring. Vessels who
receive permission to anchor, shall
notify the COTP or a designated
representative no less than 15 minutes
prior to getting underway via VHF–16 or
telephone 906–635–3319.
(5) In an emergency, any vessel may
deviate from this regulation to the
extent necessary to avoid endangering
the safety of persons, the environment,
and/or property. If deviation from the
regulation is necessary, the master or his
designee shall inform the Coast Guard
as soon as it is practicable to do so.
(6) The owner, operator, charterer,
master or person directing the
movement of a vessel desiring to anchor
within the prescribed RNA for the
purposes of work, dredging, or survey
must receive permission from the COTP
or a designated representative a
minimum of 72 hours in advance of the
desired activity. Vessels engaged in
activities, such as tourism, ferrying, or
sightseeing, which require anchoring,
within the RNA boundaries, but not
within charted submerged cables and/or
pipelines areas, may request a waiver
from the COTP.
(7) In the RNA, the District
Commander or COTP may establish
temporary traffic rules for reasons that
include but are not limited to channel
obstructions, winter navigation, unusual
weather conditions, or unusual water
levels.
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(8) There may be times that the Ninth
District Commander or the COTP finds
it necessary to close the RNA to vessel
traffic. During times of limited closure,
persons and vessels may request
permission to enter the RNA by
contacting the COTP or a designated
representative via VHF–16 or telephone
906–635–3319.
(d) Definitions. As used in this RNA:
(1) Captain of the Port means the
United States Coast Guard Captain of
the Port (COTP) of Sault Sainte Marie,
Michigan.
(2) Straits of Mackinac means the
navigable waters of the Great Lakes
connecting Lake Huron to Lake
Michigan passing between the upper
and lower peninsulas of Michigan.
(3) Loiter means to linger aimlessly in
or about a place making purposeless
stops in the course of a trip, journey, or
errand. Loitering does not include brief
stops for sight-seeing, ferry, or tourism
purposes.
(e) Notification. The Coast Guard will
rely on the methods described in § 165.7
to notify the public of the time and
duration of any closure of the RNA.
Reports of violations of this RNA should
go to COTP Sault Sainte Marie at 906–
635–3319 or on VHF-Channel 16.
(f) Waiver. For any vessel, the COTP
or a designated representative may
waive any of the requirements of this
section, upon finding that
circumstances are such that application
of this section is unnecessary or
impractical for the purposes of safety or
environmental safety.
Dated: September 24, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2018–21132 Filed 9–28–18; 8:45 am]
BILLING CODE 9110–04–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2018–2; Order No. 4836]
Periodic Reporting Requirements
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
The Commission adopts final
rules revising periodic reporting
requirements codified in our
regulations. The final rules amend
several existing sections of our
regulations, and add several subsections
to our regulations.
DATES: Effective: October 31, 2018.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
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SUPPLEMENTARY INFORMATION:
Regulatory History
83 FR 33879 (Jul. 18, 2018)
83 FR 1320 (Jan. 11, 2018)
Table of Contents
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Changes to the Proposed Rules
VI. Ordering Paragraphs
I. Introduction
In this Order, the Commission adopts
final rules revising periodic reporting
requirements codified in 39 CFR part
3050. The final rules adopted by this
Order amend existing rules by adjusting
the deadlines of certain quarterly and
monthly reports, modifying the format
of the Monthly Summary Financial
Report, and adding or removing certain
reporting requirements. The final rules
amend several existing sections of 39
CFR part 3050, and add several
subsections to § 3050.21.
II. Background
On December 27, 2017, the Postal
Service requested that the Commission
initiate a rulemaking proceeding to
consider revisions to the periodic
reporting requirements codified in 39
CFR part 3050.1 On January 5, 2018, the
Commission established this docket and
invited comments and reply comments
regarding the Postal Service’s proposed
revisions.2 The Commission received
comments from the Public
Representative 3 and the United Parcel
Service, Inc. (UPS).4 The Commission
received reply comments from the
Postal Service 5 and the Parcel Shippers
Association (PSA).6
The Postal Service’s petition
contained three requests. First, the
Postal Service requested that the
Commission adjust deadlines for the
1 United States Postal Service Petition for
Rulemaking on Periodic Reporting, December 27,
2017 (Petition).
2 Advance Notice of Proposed Rulemaking to
Revise Periodic Reporting Requirements, January 5,
2018 (Order No. 4374). The Advance Notice of
Proposed Rulemaking to Revise Periodic Reporting
Requirements was published in the Federal
Register on January 11, 2018. See 83 FR 1320
(January 11, 2018).
3 Public Representative Comments on Advance
Notice of Proposed Rulemaking to Revise Periodic
Reporting Requirements, March 7, 2018 (March 7
PR Comments).
4 Comments of United Parcel Service, Inc. on
Advance Notice of Proposed Rulemaking to Revise
Periodic Reporting Requirements, March 7, 2018
(March 7 UPS Comments).
5 Reply Comments of the United States Postal
Service, April 6, 2018 (Postal Service Reply
Comments).
6 Reply Comments of the Parcel Shippers
Association (PSA), April 6, 2018.
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quarterly Revenue, Pieces, and Weight
(RPW) report; the Quarterly Statistics
Report (QSR); the quarterly Billing
Determinants report; and the monthly
National Consolidated Trial Balance and
Revenue and Expense Summary (Trial
Balance) report to align the deadlines
with other financial reporting deadlines.
Petition at 1. The Postal Service stated
that aligning the deadlines would be
more effective, as the current rules
require the reports to be submitted
before key information is available. Id.
at 3–5.
Second, the Postal Service requested
that the Commission change the format
of the Monthly Summary Financial
Report. Id. at 6. The Postal Service
sought to revise § 3050.28(b)(1), Table 1
and Table 2. For Table 1, the Postal
Service requested a change of the term
‘‘Operating Revenue’’ to ‘‘Revenue,’’ and
to remove a breakdown of types of
operating revenue. Id. at 6–8. For Table
2, the Postal Service requested to update
the product name for USPS Marketing
Mail, as the previous format used the
old product name of Standard Mail. Id.
at 8.
Third, the Postal Service requested
that the Commission remove any
requirements deemed unnecessary to
the Commission’s evaluation of
compliance with title 39. Id. at 9–10.
The Commission considered the
comments it received in response to
Order No. 4706 and reviewed its
periodic reporting rules to determine if
updates were warranted, and as a result
proposed revisions to the rules.7 The
revisions incorporated the Postal
Service’s proposal to adjust the filing
date for the RPW, QSR, Billing
Determinants, and Trial Balance
reports.8
The proposed rules also changed the
format of the Monthly Summary
Financial Report. In § 3050.28(b)(1),
Table 1, the existing input for
‘‘Operating Revenue’’ remains, but
component inputs ‘‘Mail and Services
Revenue’’ and ‘‘Government
Appropriations’’ were removed. A new
heading, ‘‘Revenue,’’ contains an input
for ‘‘Operating Revenue,’’ a new input
for ‘‘Other Revenue,’’ and an input for
their combined ‘‘Total Revenue.’’ 9
7 Notice of Proposed Rulemaking to Revise the
Periodic Reporting Requirements, July 12, 2018
(Order No. 4706). The Notice of Proposed
Rulemaking to Revise the Periodic Reporting
Requirements was published in the Federal
Register on July 18, 2018. See 83 FR 33879 (July
18, 2018).
8 See Order No. 4706 at 8–10, part IV.B, proposed
sections 3050.25(c)–(e), 3050.28(c).
9 Id. at 10–11, part IV.C. Although Order No. 4706
explained this change, the proposed Table 1
inadvertently failed to reflect the change, omitting
the new ‘‘Total Revenue’’ input.
E:\FR\FM\01OCR1.SGM
01OCR1
]]>Agencies
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Rules and Regulations]
[Pages 49283-49286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21132]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0563]
RIN 1625-AA11
Regulated Navigation Area; Straits of Mackinac
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area
(RNA) for certain waters of the Straits of Mackinac. This action is
necessary to provide for the safety of life and protection of property
on these navigable waters near Mackinaw City, MI. This rule prohibits
persons and vessels from anchoring or loitering within the RNA unless
authorized by the Captain of the Port of Sault Sainte Marie, Michigan
or a designated representative.
DATES: This rule is effective October 31, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0563 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 Lieutenant Jason Radcliffe, Ninth District Waterways
Management, U.S. Coast Guard; telephone 216-902-6060, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
RNA Regulated Navigation Area
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The northwest part of Lake Huron forms the approach to, and the
east part of the, Straits of Mackinac. At the extreme northwest end,
the lake narrows abruptly to a width of 4 miles. Spanning this divide
is the Mackinac Bridge. Two main shipping lanes lead north and south of
Bois Blanc Island and pass under the bridge. Numerous shoals and
several islands obstruct the Straits Area. Located approximately a mile
west of the Mackinac Bridge are submerged electrical cables and the
Enbridge Line 5 Pipeline. Posted on NOAAs navigation charts are
cautionary notes advising mariners of the cable and pipeline area.
There is no prohibition nor is there an enforcement mechanism to
discourage anchoring in this area. The Captain of the Port (COTP) of
Sault Sainte Marie has determined that the high volume of vessel
transits and the potential for damage to submerged infrastructure
warrants the creation of a regulatory measure to specifically outline
an area of regulated navigation that establishes transit and
communication expectations through the Straits.
The purpose of this rulemaking is to better enhance the safety of
vessels and protection of sub-surface cables and pipelines within the
navigable waters of the Straits of Mackinac. The Coast Guard publishes
this rulemaking under authority in 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.
III. Legal Authority and Need for Rule
On the behalf of COTP Sector Sault Sainte Marie, the Ninth Coast
Guard District is creating a Regulated Navigation Area that mandates
transiting vessels make a direct passage with no anchoring or
loitering, unless expressly granted permission from the COTP or
designated representative. Vessels that are required to comply with
this RNA include vessels of 40 meters or more in length, towing vessels
of 20 meters or more in length while engaged in towing another vessel,
vessels certificated to carry 50 or more passengers for hire, when
engaged in trade, or any dredge or floating plant.
Within the RNA, the District Commander or COTP may establish
temporary traffic rules that include but are not limited to channel
obstructions, winter navigation, unusual weather conditions, or unusual
water levels. This rule will ensure transiting mariners are fully aware
of existing and emergent hazards to navigation on or below the
navigable waterways and provide the Coast Guard with greater
situational awareness and oversight. The regulatory text appears at the
end of this document.
IV. Discussion of Comments, Changes, and the Rule
In total, we received 21 comments on the proposed regulated
navigation area (RNA) for the Straits of Mackinac published on August
2, 2018 (83 FR 37780). In consideration of the comments received, we
have amended the regulatory text in this final rule.
We received seven comments expressing support for proceeding with
the rulemaking.
One comment did not address the proposed rule, nor offer any
support for or criticism against the rulemaking.
One commenter suggested that pipelines and cables could be
protected with a smaller than proposed RNA. The Coast Guard believes
that requiring ships to seek permission from the COTP to anchor in any
part of the regulated area, coupled with the requirement to notify the
COTP 15 minutes prior to getting underway, will reduce the likelihood
of an accidental anchor deployment through areas with pipes and cables
below.
Another commenter expressed disapproval of the proposed rule,
saying it would not prevent accidents in the future. The comment did
not offer any suggestions for how to improve the regulations. For the
same reasons given above, the Coast Guard believes that
[[Page 49284]]
there will be fewer accidental anchor deployments causing damage to the
pipes and cables below the surface.
One commenter suggested that we should remove the pipelines. The
purpose of this RNA, however, is to protect all of the submerged pipes
and cables in the Straits of Mackinac and to prevent accidental anchor
deployment through them.
One comment from NOAA's charting team requested clarification of
the horizontal datum type used. In this final rule, we include the
horizontal datum type, NAD 83, in the regulatory text after the
latitude coordinates.
We received four comments from commercial vessel owners and
operators concerned that the rulemaking would prohibit large vessels
from anchoring to safely endure foul weather. Other commenters
expressed similar concern on having to anchor within the RNA, away from
submerged cables and pipelines, in adverse weather with little or no
notice. To address these safety concerns, we have added clarification
that in emergency cases, regulated vessels may anchor in the RNA
without one hour notice to the COTP, but they must give notice of
anchoring as soon as practical. Nothing in this rule prohibits vessel
masters from safely navigating their vessels and/or anchoring when
necessary while in extremis and/or to preserve safety of life at sea.
Communicating the need and requesting permission to anchor with an
hour's notice, or as soon as practicable, gives the COTP the
situational awareness and ability to respond to mariner needs.
Six comments were received from sight-seeing, ferry, and tourism
related waterway users concerned with this rule prohibiting their
ability to linger, loiter, stop, etc. to observe specific areas of
interest. The Coast Guard does not intend to overly burden businesses
engaged in these activities. Therefore, we amended this final rule's
definition of loiter to explicitly exclude brief stops for sightseeing,
ferrying and tourism. Thus, operations that require stopping by
passenger ships for sightseeing, ferrying, and tourism purposes do not
require expressed permission from the COTP under this rule because we
do not think these brief stops reduce the safety goals of this RNA.
However, this rule requires that vessels engaged in sightseeing,
ferrying, and tourism contact the COTP within one hour of their intent
to anchor within the RNA.
The regulatory text in this final rule differs from the NPRM in
that we added the ability for operators of vessels engaged in
activities, such as tourism, ferrying, or sightseeing, to request a
waiver from the COTP to anchor within the RNA, but not within charted
submerged cables and/or pipelines areas. The sightseeing, ferry, and
tourism waivers are intended for frequent vessel operations and
configurations that are reasonably determined by the COTP to not pose a
threat to sensitive submerged infrastructure.
Lastly, this rule differs from the NPRM in that we added language
to Sec. 165.944(c)(4) that states even when one (1) hour notice is
given to the COTP, anchoring in the charted submerged cable and
pipeline areas is prohibited. This additional language is necessary to
achieve our goal of promoting safe transit through the RNA now that we
have added waivers and permission to anchor with little to no notice in
emergencies.
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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the fact that no
part of this rulemaking and its stipulations will require any
additional equipment purchases or create an undue burden to marine
operations. This rule will increase communication and situational
awareness of the specified area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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. The majority of this rule applies to vessels
typically larger than those operated by small entities. The size and
operational applicability of this rule is found at the end of this
document.
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
[[Page 49285]]
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have made a determination that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves creating a permanent Regulated Navigation Area detailing
how mariners shall transit through the Straits of Mackinac. Normally
such actions are categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is 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:
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. Add Sec. 165.944 to read as follows:
Sec. 165.944 Regulated Navigation Area; Straits of Mackinac.
(a) Location. All navigable waters of the Straits of Mackinac
bounded by longitudes 084[deg]20' W and 085[deg]10' W and latitudes
045[deg]39' N and 045[deg]54' N (NAD 83), including Grays Reef Passage,
the South Channel between Bois Blanc Island and Cheboygan, MI, and the
waters between Mackinac Island and St. Ignace, MI.
(b) Applicability. Unless otherwise stated, the provisions of this
regulated navigation area (RNA) apply to the following vessels:
(1) Vessels of 40 meters (approx. 131 feet) or more in length,
while navigating;
(2) Towing vessels of 20 meters (approx. 65 feet) or more in
length, while engaged in towing another vessel astern, alongside or by
pushing ahead; or
(3) Vessels certificated to carry 50 or more passengers for hire,
when engaged in trade; or
(4) Each dredge or floating plant.
(c) Regulations. The general regulations contained in Sec. Sec.
165.10, 165.11, and 165.13 apply within this RNA.
(1) Nothing in this regulation relieves any vessel, owner,
operator, charterer, master, or person directing the movement of a
vessel, from the consequences of any neglect to comply with this part
or any other applicable law or regulation (i.e. the International
Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or
the Inland Navigation Rules) or of the neglect of any precaution which
may be required by the ordinary practice of seamen, or by the special
circumstances of the case.
(2) Vessels transiting through the RNA must comply with all
directions given to them by the COTP, or a designated representative.
The ``designated representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer who is designated by the COTP to
act on their behalf. The designated representative may be on a Coast
Guard vessel; or other designated craft; or on shore and communicating
via VHF-16 or telephone, 906-635-3319.
(3) Vessels transiting through the RNA must make a direct passage.
No vessel may anchor or loiter within the RNA at any time without the
expressed permission of the COTP or a designated representative.
(4) Vessels are prohibited from anchoring in any charted submerged
cable and/or pipeline areas; except when expressly permitted by the
COTP. Vessels desiring to anchor within the confines of the RNA, but
outside a charted submerged cable and/or pipeline area, must contact
the COTP or a designated representative one (1) hour in advance of
anchoring via VHF-16 or telephone 906-635-3319. The person directing
the movement of the vessel desiring to anchor shall provide the time,
purpose and location for the proposed anchoring. Vessels who receive
permission to anchor, shall notify the COTP or a designated
representative no less than 15 minutes prior to getting underway via
VHF-16 or telephone 906-635-3319.
(5) In an emergency, any vessel may deviate from this regulation to
the extent necessary to avoid endangering the safety of persons, the
environment, and/or property. If deviation from the regulation is
necessary, the master or his designee shall inform the Coast Guard as
soon as it is practicable to do so.
(6) The owner, operator, charterer, master or person directing the
movement of a vessel desiring to anchor within the prescribed RNA for
the purposes of work, dredging, or survey must receive permission from
the COTP or a designated representative a minimum of 72 hours in
advance of the desired activity. Vessels engaged in activities, such as
tourism, ferrying, or sightseeing, which require anchoring, within the
RNA boundaries, but not within charted submerged cables and/or
pipelines areas, may request a waiver from the COTP.
(7) In the RNA, the District Commander or COTP may establish
temporary traffic rules for reasons that include but are not limited to
channel obstructions, winter navigation, unusual weather conditions, or
unusual water levels.
[[Page 49286]]
(8) There may be times that the Ninth District Commander or the
COTP finds it necessary to close the RNA to vessel traffic. During
times of limited closure, persons and vessels may request permission to
enter the RNA by contacting the COTP or a designated representative via
VHF-16 or telephone 906-635-3319.
(d) Definitions. As used in this RNA:
(1) Captain of the Port means the United States Coast Guard Captain
of the Port (COTP) of Sault Sainte Marie, Michigan.
(2) Straits of Mackinac means the navigable waters of the Great
Lakes connecting Lake Huron to Lake Michigan passing between the upper
and lower peninsulas of Michigan.
(3) Loiter means to linger aimlessly in or about a place making
purposeless stops in the course of a trip, journey, or errand.
Loitering does not include brief stops for sight-seeing, ferry, or
tourism purposes.
(e) Notification. The Coast Guard will rely on the methods
described in Sec. 165.7 to notify the public of the time and duration
of any closure of the RNA. Reports of violations of this RNA should go
to COTP Sault Sainte Marie at 906-635-3319 or on VHF-Channel 16.
(f) Waiver. For any vessel, the COTP or a designated representative
may waive any of the requirements of this section, upon finding that
circumstances are such that application of this section is unnecessary
or impractical for the purposes of safety or environmental safety.
Dated: September 24, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2018-21132 Filed 9-28-18; 8:45 am]
BILLING CODE 9110-04-P
