Safety Zone; Tugs Kimberly Anne and Westwind and Barge Big Digger Operating in the Straits of Mackinac, MI., 28268-28270 [2021-11119]
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28268
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Rules and Regulations
Event name
Location
Roche Harbor Fireworks ............................................
Blast Over Bellingham ...............................................
True Colors Event ......................................................
City of Mount Vernon Fireworks ................................
Roche Harbor ............................................................
Bellingham Bay .........................................................
Blaine .........................................................................
Edgewater Park .........................................................
Coast Guard
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 June 15, 2021. While
this rule is effective beginning June 1,
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 May 26, 2021 through
October 15, 2021. For the purposes of
enforcement, actual notice will be
issued from June 1, 2021 through May
26, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0338 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:
33 CFR Part 165
I. Table of Abbreviations
[Docket Number USCG–2021–0338]
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
The special requirements listed in 33
CFR 165.1332(b) apply to the activation
and enforcement of these safety zones.
All vessel operators who desire to enter
the safety zone must obtain permission
from the COTP or their Designated
Representative by contacting the Coast
Guard Sector Puget Sound Joint Harbor
Operations Center (JHOC) on VHF
Channel 13 or Channel 16 or via
telephone at (206) 217–6002. The Coast
Guard may be assisted by other Federal,
State, or local law enforcement agencies
in enforcing this regulation.
In addition to the publication of this
document in the Federal Register, the
Coast Guard will provide the maritime
community with extensive advanced
notification of enforcement of these
safety zones via the Broadcast Notice to
Mariners or Local Notice to Mariners.
Dated: May 20, 2021.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Puget Sound.
[FR Doc. 2021–11131 Filed 5–25–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA00
Safety Zone; Tugs Kimberly Anne and
Westwind and Barge Big Digger
Operating in the Straits of Mackinac,
MI.
Coast Guard, DHS.
Temporary interim rule with
request for comment.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable water within a 500-yard
radius of two tugs and a barge 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, diving, and surveying of
pipelines in the Straits of Mackinac.
Entry of vessels or persons into the zone
is prohibited unless specifically
authorized by the Captain of the Port
SUMMARY:
VerDate Sep<11>2014
18:33 May 25, 2021
Jkt 253001
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
PO 00000
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Latitude
48°36.7′ N
48°44.933′ N
48°59.488′ N
48°25.178′ N
Longitude
123°09.5′ W
122°29.667′ W
122°46.339′ W
122°20.424′ W
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 out prior
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 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 June 1, 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
E:\FR\FM\26MYR1.SGM
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Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Rules and Regulations
and the rule would allow vessels to seek
permission to enter the zone.
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 created by the work, inspection,
diving, and surveying of underwater
infrastructure in the Straits of Mackinac
starting June 1, 2021 will be a safety
concern for anyone within a 500-yard
radius of the tugs and barge. 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 June 1, 2021 to October 15, 2021.
The safety zone will cover all navigable
waters within 500 yards of the tugs and
barge being used to work, inspect, dive,
and survey pipelines 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,
VerDate Sep<11>2014
18:33 May 25, 2021
Jkt 253001
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 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 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
PO 00000
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28269
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 used to
work, inspect, dive, and survey
pipelines 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
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28270
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Rules and Regulations
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
(d) Enforcement period. This section
will be enforced from June 1, 2021 to
October 15, 2021.
Dated: May 20th, 2021.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[FR Doc. 2021–11119 Filed 5–25–21; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
33 CFR Part 165
■
1. The authority citation for part 165
continues to read as follows:
RIN 1625–AA00
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.
Safety Zone; East River, New York, NY
2. Add § 165.T09–0338 to read as
follows:
SUMMARY:
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
■
§ 165.T09–0338 Safety Zone; Tugs
Kimberly Anne and Westwind and Barge
Big Digger operating in the Straits of
Mackinac, MI.
(a) Location. The following areas are
safety zones: All navigable water within
500 yards of the Tugs Kimberly Anne
and Westwind and Barge Big Digger
while conducting work, inspection,
diving, and surveying of pipelines 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) 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.
VerDate Sep<11>2014
18:33 May 25, 2021
Jkt 253001
[Docket Number USCG–2021–0206]
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the east channel of
the East River between the Roosevelt
Island Bridge (mile 6.4) and Gibbs Point
approximately 800 yards northeast of
the bridge. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by the retrieval,
maintenance and reinstallation of one
TriFrame with three attached
underwater turbines, associated cabling,
and three Private Aids to Navigation.
When enforced, entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port New York.
DATES: This rule is effective without
actual notice from May 26, 2021 through
11:59 p.m., May 27, 2021. For the
purposes of enforcement, actual notice
will be used from 3:30 p.m., May 3,
2021 until May 26, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0206 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 Mr. Jeff Yunker, Sector New York
Waterways Management Division; U. S.
Coast Guard; telephone 718–354–4195,
email jeffrey.m.yunker@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
PO 00000
Code of Federal Regulations
Frm 00034
Fmt 4700
Sfmt 4700
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATON Private Aids to Navigation
RITE Roosevelt Island Tidal Energy Project
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. Four barges, four tugs,
and three work vessels will be
conducting heavy lift operations and
removing and reinstalling three PATON
in the east channel of the East River,
north of the Roosevelt Island Bridge,
while removing, maintaining and
reinstalling one TriFrame with three
underwater turbines for the RITE
Project. It is impracticable to publish an
NPRM because we must establish this
safety zone by May 3, 2021 to respond
to the potential safety hazards
associated with heavy lift operations
and lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule. The Coast Guard is publishing
this rule to be effective through May 27,
2021 in case the project is delayed due
to unforeseen circumstances.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
against the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with multiple construction
vessels operating within a confined area
of the East River.
III. 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 New York (COTP)
has determined that potential hazards
associated with the installation of the
RITE Project TriFrame with three
turbines and associated PATON
marking this installation on May 3–6,
E:\FR\FM\26MYR1.SGM
26MYR1
]]>Agencies
[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Rules and Regulations]
[Pages 28268-28270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11119]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0338]
RIN 1625-AA00
Safety Zone; Tugs Kimberly Anne and Westwind and Barge Big Digger
Operating in the Straits of Mackinac, MI.
AGENCY: Coast Guard, 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 two tugs and a barge 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, diving, and surveying of
pipelines in 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 June 15, 2021. While this rule is
effective beginning June 1, 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 May 26, 2021
through October 15, 2021. For the purposes of enforcement, actual
notice will be issued from June 1, 2021 through May 26, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0338 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 out prior 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 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 June 1, 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
[[Page 28269]]
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 created by the work,
inspection, diving, and surveying of underwater infrastructure in the
Straits of Mackinac starting June 1, 2021 will be a safety concern for
anyone within a 500-yard radius of the tugs and barge. 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 June 1, 2021 to October
15, 2021. The safety zone will cover all navigable waters within 500
yards of the tugs and barge being used to work, inspect, dive, and
survey pipelines 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
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
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit entry within 500 yards of tugs and
barges used to used to work, inspect, dive, and survey pipelines 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
[[Page 28270]]
person listed in the FOR FURTHER INFORMATION CONTACT section to
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or
vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0338 to read as follows:
Sec. 165.T09-0338 Safety Zone; Tugs Kimberly Anne and Westwind and
Barge Big Digger operating in the Straits of Mackinac, MI.
(a) Location. The following areas are safety zones: All navigable
water within 500 yards of the Tugs Kimberly Anne and Westwind and Barge
Big Digger while conducting work, inspection, diving, and surveying of
pipelines 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) 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 June 1,
2021 to October 15, 2021.
Dated: May 20th, 2021.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2021-11119 Filed 5-25-21; 8:45 am]
BILLING CODE 9110-04-P
