Safety Zone; Tugs Champion, Valerie B, Nancy Anne and Barges Kokosing I, Kokosing II, Kokosing IV Operating in the Straits of Mackinac, MI, 20633-20635 [2021-08196]
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Federal Register / Vol. 86, No. 75 / Wednesday, April 21, 2021 / Rules and Regulations
taken to provide for the safety of life on
navigable waterways during this event.
Our regulation for marine events within
Northern California, Table 1 to
§ 100.1103, item number 2, specifies the
location of the regulated area for the
Opening Day on San Francisco Bay Boat
Parade which will occur in the San
Francisco Bay. From 11:30 a.m. to 2
p.m. on April 25, 2021 the regulated
area will be in effect in the navigable
waters, from surface to bottom, defined
by a line drawn from Fort Point; thence
easterly approximately 5,000 yards;
thence easterly to the Blossom Rock Bell
Buoy; thence westerly to the Northeast
corner of Pier 39; thence returning along
the shoreline to the point of origin.
During the enforcement period, under
the provisions of 33 CFR 100.1103(b), if
you are the operator of a vessel in the
regulated area you must comply with
directions from the Patrol Commander
or other Official Patrol, defined as a
Federal, State, or local law enforcement
agency on scene to assist the Coast
Guard in enforcing the regulated area.
During the enforcement period, if you
are the operator of a vessel that
participates in the marine event within
the regulated area, you must follow the
parade route determined by the marine
event sponsor and comply with
directions from the Patrol Commander
or other Official Patrol.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners. If the
Captain of the Port determines that the
regulated area need not be enforced for
the full duration stated in this notice of
enforcement, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
Dated: April 15, 2021.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2021–08211 Filed 4–20–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
khammond on DSKJM1Z7X2PROD with RULES
33 CFR Part 100
[Docket No. USCG–2021–0217]
Special Local Regulations for Marine
Events; Blessing of the Fleet, Tiburon,
CA
Coast Guard, Department of
Homeland Security (DHS).
AGENCY:
VerDate Sep<11>2014
16:25 Apr 20, 2021
Jkt 253001
Notice of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
the special local regulations for the
annual Blessing of the Fleet Boat Parade
on April 25, 2021 to provide for the
safety of life on the navigable waters of
Raccoon Strait during this event. Our
regulation for marine events in Northern
California identifies the regulated area
for this event in Raccoon Strait near
Tiburon, CA. During the enforcement
period, unauthorized persons or vessels
are prohibited from entering into,
transiting through, or anchoring in the
regulated area, unless authorized by the
Patrol Commander (PATCOM) or other
Federal, State, or local law enforcement
agencies on scene to assist the Coast
Guard in enforcing the regulated area.
DATES: The regulations in 33 CFR
100.1103 will be enforced for the
Blessing of the Fleet regulated area
listed in item number 1 in Table 1 to
§ 100.1103 from 8:30 a.m. to 1:30 p.m.
on April 25, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Petty Officer
David Robey, Waterways Management,
U.S. Coast Guard; telephone (415) 399–
7440, email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulation in 33 CFR 100.1103, Table 1
to § 100.1103, item number 1 for the
Blessing of the Fleet regulated area from
8:30 a.m. to 1:30 p.m. on April 25, 2021.
This action is being taken to provide for
the safety of life on navigable waterways
during this event. Our regulation for
marine events within Northern
California, Table 1 to § 100.1103, item
number 1, specifies the location of the
regulated area for the Blessing of the
Fleet which will occur in Raccoon Strait
in the San Francisco Bay. From 8:30
a.m. to 1:30 p.m. on April 25, 2021 the
regulated area will be in effect and is
defined as the navigable waters, from
surface to bottom, between a line drawn
from Bluff Point on the southeastern
side of Tiburon Peninsula to Point
Campbell on the northern edge of Angel
Island, and a line drawn from Peninsula
Point on the southern edge of Tiburon
Peninsula to Point Stuart on the western
edge of Angel Island. This notice of
enforcement applies to the entire
regulated area.
During the enforcement period, under
the provisions of 33 CFR 100.1103(b) if
you are the operator of a vessel in the
regulated area you must comply with
directions from the Patrol Commander
or other Official Patrol, defined as a
Federal, State, or local law enforcement
SUMMARY:
PO 00000
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20633
agency on scene to assist the Coast
Guard in enforcing the regulated area.
During the enforcement period, if you
are the operator of a vessel that
participates in the regulated area, you
must follow the parade route
determined by the marine event sponsor
and comply with directions from the
Patrol Commander or other Official
Patrol.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners.
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice of enforcement, a Broadcast
Notice to Mariners may be used to grant
general permission to enter the
regulated area.
Dated: April 15, 2021.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2021–08210 Filed 4–20–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0204]
RIN 1625–AA00
Safety Zone; Tugs Champion, Valerie
B, Nancy Anne and Barges Kokosing
I, Kokosing II, Kokosing IV Operating
in the Straits of Mackinac, MI
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary interim rule with
request for comment.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
the navigable water within a 500-yard
radius of several tugs and barges in the
Straits of Mackinac. The safety zone is
needed to protect personnel, vessels,
and the marine environment from the
potential hazards created by the work,
inspection, surveying and the removal
and replacement of cables for the Straits
of Mackinac. Entry of vessels or persons
into the zone is prohibited unless
specifically authorized by the Captain of
the Port Sault Sainte Marie or their
designated representative. Due to the
lengthy duration of this safety zone, the
Coast Guard is accepting and reviewing
public comments until May 7, 2021.
While this rule is being enforced
SUMMARY:
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21APR1
20634
Federal Register / Vol. 86, No. 75 / Wednesday, April 21, 2021 / Rules and Regulations
beginning April 20, 2021, the Coast
Guard reserves the right to modify the
safety zone if an issue is raised by the
public comments that requires such a
modification.
DATES: This rule is effective without
actual notice from April 21, 2021
through September 30, 2021. For the
purposes of enforcement, actual notice
will be issued from April 20, 2021
through April 21, 2021. Comments and
related materials will be accepted and
reviewed by the Coast Guard through
May 7, 2021.
ADDRESSES: Submit comments and
material online at https://
www.regulations.gov (see section II of
the SUPPLEMENTARY INFORMATION for
additional details). To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0204 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 CWO4 Robert A. Gruschow or LT
Deaven S. Palenzuela, Sector Sault
Sainte Marie Waterways Management
Division, U.S. Coast Guard at (906) 253–
2462/(906) 635–3223 or email
ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
khammond on DSKJM1Z7X2PROD with RULES
II. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov by typing the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on ‘‘Submit
a Comment’’ on the line associated with
this rulemaking.
VerDate Sep<11>2014
16:25 Apr 20, 2021
Jkt 253001
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this rulemaking.
III. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary interim rule with an abridged
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The final
details of the specific dates, vessels
names, and safety zone distances
concerning the safety zones were not
finalized within a sufficient time to
allow for notice and a subsequent 30day comment period before work,
inspection, surveying and the
replacement and the removal of
multiple cables. Delaying this rule to
allow for a notice and full comment
period would be impracticable because
it would inhibit the Coast Guard’s
ability to protect the public from the
potential hazards associated with
aforementioned operation commencing
on April 20, 2021.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
delaying the effective date of this rule
would be impracticable because
immediate action is needed to respond
to the potential safety hazards
associated with the work, inspections,
and surveying of underwater
infrastructure.
IV. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sault Sainte Marie
(COTP) has determined that potential
hazards associated with the work,
inspection, and surveying of underwater
infrastructure in the Straits of Mackinac
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starting April 20, 2021 will be a safety
concern for anyone within a 500-yard
radius of the tugs and barges. This rule
is needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the operation is conducted.
V. Discussion of the Rule
This rule establishes a safety zone
from April 20, 2021 to September 30,
2021. The safety zone will cover all
navigable waters within 500 yards of the
tugs and barges being used to work,
inspect, survey and remove/replace
cables in the Straits of Mackinac. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the operation is
conducted. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
VI. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size and location of the
safety zone. Vessel traffic will be able to
safely transit around this safety zone
which would impact a small designated
area of the Straits of Mackinac.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone,
and the rule would allow vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
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
E:\FR\FM\21APR1.SGM
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Federal Register / Vol. 86, No. 75 / Wednesday, April 21, 2021 / Rules and Regulations
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section VI.A above,
this rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
khammond on DSKJM1Z7X2PROD 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
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,
VerDate Sep<11>2014
16:25 Apr 20, 2021
Jkt 253001
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit entry within 500
yards of tugs and barges used to work,
inspect, survey and remove/replace
cables in the Straits of Mackinac. It is
categorically excluded from further
review under paragraph L[60(a)] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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20635
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: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0274 to read as
follows:
■
§ 165.T09–0274 Safety Zone; Tugs
Champion, Valerie B, Nanacy Anne and
Barges Kokosing I, Kokosing II, Kokosing
IV operating in the Straits of Mackinac, MI.
(a) Location. The following areas are
safety zones: All navigable water within
500 yards of the Tugs Valerie B, Nancy
Anne, Champion and Barges Kokosing I,
III, and IV while conducting work,
inspection, surveying and removing/
replacing cables in the Straits of
Mackinac.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sault Sainte Marie (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within the
safety zone described in paragraph (a) of
this section is prohibited unless
authorized by the Captain of the Port,
Sault Sainte Marie, or his designated
representative.
(2) Before a vessel operator may enter
or operate within the safety zones, they
must obtain permission from the
Captain of the Port, Sault Sainte Marie,
or his designated representative via VHF
Channel 16 or telephone at (906) 635–
3233. Vessel operators given permission
to enter or operate in the safety zone
must comply with all orders given to
them by the Captain of the Port, Sault
Sainte Marie, or his designated
representative.
(d) Enforcement period. This section
will be enforced from April 20, 2021 to
September 30, 2021.
Dated: April 15, 2021.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2021–08196 Filed 4–20–21; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\21APR1.SGM
21APR1
]]>Agencies
[Federal Register Volume 86, Number 75 (Wednesday, April 21, 2021)]
[Rules and Regulations]
[Pages 20633-20635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08196]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0204]
RIN 1625-AA00
Safety Zone; Tugs Champion, Valerie B, Nancy Anne and Barges
Kokosing I, Kokosing II, Kokosing IV Operating in the Straits of
Mackinac, MI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary interim rule with request for comment.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable water within a 500-yard radius of several tugs and barges
in the Straits of Mackinac. The safety zone is needed to protect
personnel, vessels, and the marine environment from the potential
hazards created by the work, inspection, surveying and the removal and
replacement of cables for the Straits of Mackinac. Entry of vessels or
persons into the zone is prohibited unless specifically authorized by
the Captain of the Port Sault Sainte Marie or their designated
representative. Due to the lengthy duration of this safety zone, the
Coast Guard is accepting and reviewing public comments until May 7,
2021. While this rule is being enforced
[[Page 20634]]
beginning April 20, 2021, the Coast Guard reserves the right to modify
the safety zone if an issue is raised by the public comments that
requires such a modification.
DATES: This rule is effective without actual notice from April 21, 2021
through September 30, 2021. For the purposes of enforcement, actual
notice will be issued from April 20, 2021 through April 21, 2021.
Comments and related materials will be accepted and reviewed by the
Coast Guard through May 7, 2021.
ADDRESSES: Submit comments and material online at https://www.regulations.gov (see section II of the SUPPLEMENTARY INFORMATION
for additional details). To view documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type USCG-2021-0204 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 CWO4 Robert A. Gruschow or LT Deaven S. Palenzuela,
Sector Sault Sainte Marie Waterways Management Division, U.S. Coast
Guard at (906) 253-2462/(906) 635-3223 or email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov by typing the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a Comment'' on
the line associated with this rulemaking.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking.
III. Background Information and Regulatory History
The Coast Guard is issuing this temporary interim rule with an
abridged opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
final details of the specific dates, vessels names, and safety zone
distances concerning the safety zones were not finalized within a
sufficient time to allow for notice and a subsequent 30-day comment
period before work, inspection, surveying and the replacement and the
removal of multiple cables. Delaying this rule to allow for a notice
and full comment period would be impracticable because it would inhibit
the Coast Guard's ability to protect the public from the potential
hazards associated with aforementioned operation commencing on April
20, 2021.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable because immediate action is needed to respond to the
potential safety hazards associated with the work, inspections, and
surveying of underwater infrastructure.
IV. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sault Sainte
Marie (COTP) has determined that potential hazards associated with the
work, inspection, and surveying of underwater infrastructure in the
Straits of Mackinac starting April 20, 2021 will be a safety concern
for anyone within a 500-yard radius of the tugs and barges. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while the operation is
conducted.
V. Discussion of the Rule
This rule establishes a safety zone from April 20, 2021 to
September 30, 2021. The safety zone will cover all navigable waters
within 500 yards of the tugs and barges being used to work, inspect,
survey and remove/replace cables in the Straits of Mackinac. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the operation is
conducted. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.
VI. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size and
location of the safety zone. Vessel traffic will be able to safely
transit around this safety zone which would impact a small designated
area of the Straits of Mackinac. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, 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
[[Page 20635]]
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
VI.A above, this rule will not have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit entry within 500 yards of tugs and
barges used to work, inspect, survey and remove/replace cables in the
Straits of Mackinac. It is categorically excluded from further review
under paragraph L[60(a)] of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0274 to read as follows:
Sec. 165.T09-0274 Safety Zone; Tugs Champion, Valerie B, Nanacy Anne
and Barges Kokosing I, Kokosing II, Kokosing IV operating in the
Straits of Mackinac, MI.
(a) Location. The following areas are safety zones: All navigable
water within 500 yards of the Tugs Valerie B, Nancy Anne, Champion and
Barges Kokosing I, III, and IV while conducting work, inspection,
surveying and removing/replacing cables in the Straits of Mackinac.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sault Sainte Marie (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within the safety
zone described in paragraph (a) of this section is prohibited unless
authorized by the Captain of the Port, Sault Sainte Marie, or his
designated representative.
(2) Before a vessel operator may enter or operate within the safety
zones, they must obtain permission from the Captain of the Port, Sault
Sainte Marie, or his designated representative via VHF Channel 16 or
telephone at (906) 635-3233. Vessel operators given permission to enter
or operate in the safety zone must comply with all orders given to them
by the Captain of the Port, Sault Sainte Marie, or his designated
representative.
(d) Enforcement period. This section will be enforced from April
20, 2021 to September 30, 2021.
Dated: April 15, 2021.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2021-08196 Filed 4-20-21; 8:45 am]
BILLING CODE 9110-04-P
