Safety Zone; Barge Big Digger and Tugs Kimberly Anne and Andrew J Operating in the Straits of Mackinac, MI, 46968-46970 [2021-17337]

Download as PDF 46968 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations (2) From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if at least four hours advance notice is given. (c) The draw of the Route 13 Bridge, mile 3.9, across Point Pleasant Canal at Point Pleasant, shall operate as follows: (1) From 7 a.m. to 11 p.m. the draw shall open on signal. (2) From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if at least four hours advance notice is given. * * * * * Dated: August 9, 2021. L.M. Dickey, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2021–18063 Filed 8–20–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2021–0338] RIN 1625–AA00 Safety Zone; Barge Big Digger and Tugs Kimberly Anne and Andrew J Operating in the Straits of Mackinac, MI Coast Guard, DHS. Temporary interim rule with request for comment. AGENCY: ACTION: This rule amends an earlier safety zone titled ‘‘Safety Zone; Tugs Kimberly Anne and Westwind and Barge Big Digger Operating in the Straits of Mackinac, MI’’ issued on May 26, 2021, because one of the tug vessels named in the earlier rule has changed. The size, duration, and purpose of the safety zone remains the same. This rule continues to restrict entry into a 500yard radius around two tugs and a barge engaged in pipeline-related work 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. DATES: This interim rule is effective without actual notice from August 23, 2021 through October 15, 2021. Comments and related material must be received by the Coast Guard on or before September 22, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2021–0338 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:11 Aug 20, 2021 Jkt 253001 Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Deaven Palenzuela, Sector Sault Sainte Marie Waterways Management Division, U.S. Coast Guard at (906) 635–3223 or email ssmprevention@uscg.mil. SUPPLEMENTARY INFORMATION: I. Abbreviations DHS Department of Homeland Security FR Federal Register OMB Office of Management and Budget § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On May 26, 2021, the Coast Guard published a temporary interim rule, at 86 FR 28268, that established a temporary safety zone around the tug vessels KIMBERLY ANNE and WESTWIND, as well as barge BIG DIGGER. This 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. In July 2021, the construction company notified the Coast Guard that it needed to switch out the tug vessel WESTWIND for the tug vessel ANDREW J. This interim rule amends the existing safety zone to remove the name of the tug vessel WESTWIND and replace it with the name of the tug ANDREW J. The Coast Guard is issuing this temporary interim rule without undergoing notice and comment procedures pursuant to 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 public 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 and unnecessary. The pipeline work is ongoing and the barge is on site, and the unexpected switch of attending tug vessel did not allow time for meaningful public comment before making the change. Moreover, the change to the specific tug vessel attending the barge BIG DIGGER does not change the scope, timing, or other PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 details of the ongoing work, and is therefore of little interest to the public. Because this safety zone will be in place until October 15, however, there is time to provide a 30-day public comment period after the effective date of this rule. The Coast Guard will consider all public comments received, and may change the rule in response to comments if doing so is appropriate. 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 above, delaying the effective date of this rule would be impracticable and unnecessary. 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 that started 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. III. Discussion of the Rule This rule revises an existing safety zone that is anticipated to continue until October 15, 2021. The safety zone continues to cover all navigable waters within 500 yards of the barge BIG DIGGER and its attending tugs, which are 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. The only change this rule makes to the existing safety zone is a change to the specific tug named. IV. 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 protesters. 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 E:\FR\FM\23AUR1.SGM 23AUR1 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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 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 allows 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 VerDate Sep<11>2014 16:11 Aug 20, 2021 Jkt 253001 Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. D. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501– 3520. E. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132 (Federalism) if it has a substantial direct effect on 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 Executive Order 13132 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. F. Unfunded Mandates 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. Although this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. M. Environment We have analyzed this rule under Department of Homeland Security Management 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 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 a safety PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 46969 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 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. 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. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. Comments we post to https:// www.regulations.gov will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). To view documents mentioned as being available in the docket, find the docket as described in the previous paragraph, and then select ‘‘Supporting & Related Material’’ in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all comments received, but we will only post comments that E:\FR\FM\23AUR1.SGM 23AUR1 46970 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations address the topic of the rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. 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 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, Revision No. 01.2. 2. Amend § 165.T09–0338 by revising the section heading and paragraph (a) to read as follows: ■ § 165.T09–0338 Safety Zone; Tugs Kimberly Anne and Andrew J 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 Andrew J and Barge Big Digger while conducting work, inspection, diving, and surveying of pipelines in the Straits of Mackinac. * * * * * Dated: August 9, 2021. A.R. Jones, Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie. [FR Doc. 2021–17337 Filed 8–20–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0650] RIN 1625–AA00 Safety Zone; Potomac River, Between Charles County, MD and King George County, VA Coast Guard, DHS. Temporary final rule. jbell on DSKJLSW7X2PROD with RULES AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for certain waters in the Potomac River. This action is necessary to provide for the safety of persons, property, and the SUMMARY: VerDate Sep<11>2014 16:11 Aug 20, 2021 Jkt 253001 marine environment from the potential safety hazards associated with construction operations at the new Governor Harry W. Nice/Senator Thomas ‘‘Mac’’ Middleton Memorial (US–301) Bridge, which will occur from 7 a.m. on August 23, 2021, through 8 p.m. on September 11, 2021. This rule will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. DATES: This rule is effective from 7 a.m. on August 23, 2021, through 8 p.m. on September 11, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0650 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on DOCUMENTS on the line associated with this rule below ‘‘SEARCH’’. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ron Houck, Sector MarylandNCR, Waterways Management Division, U.S. Coast Guard: telephone 410–576– 2674, email Ronald.L.Houck@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History On August 5, 2021, Skanska-CormanMcLean, Joint Venture, notified the Coast Guard that from 7 a.m. on August 23, 2021, to 8 p.m. on September 11, 2021, it will be setting 200-ton pre-cast fender ring elements at the new Governor Harry W. Nice/Senator Thomas ‘‘Mac’’ Middleton Memorial (US–301) Bridge at Pier 43, which is adjacent and to the west of the federal navigation channel. The operation requires the daily movement in, anchoring, and movement out of a large crane, as well as nighttime diver work. This operation will impede vessels requiring the use of the channel. 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 ‘‘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 and contrary to the public interest. Construction operations involving simultaneous crane heavy lifts at the new Governor Harry W. Nice/Senator Thomas ‘‘Mac’’ Middleton Memorial (US–301) Bridge must occur within the federal navigation channel. Immediate action is needed to respond to the potential safety hazards associated with bridge construction. Hazards from the construction operations include lowhanging or falling ropes, cables, large piles and cement cast portions, dangerous projectiles, and or other debris. We must establish this safety zone by August 23, 2021, to guard against these hazards. 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 contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with construction operations at the new Governor Harry W. Nice/ Senator Thomas ‘‘Mac’’ Middleton Memorial (US–301) Bridge conducted within the federal navigation channel. 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 COTP Maryland-National Capital Region has determined that potential hazards associated with bridge construction starting August 23, 2021, will be a safety concern for anyone within the federal navigation channel at the new Governor Harry W. Nice/Senator Thomas ‘‘Mac’’ Middleton Memorial (US–301) Bridge construction site. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the bridge is being constructed. IV. Discussion of the Rule This rule establishes a safety zone from 7 a.m. on August 23, 2021, through 8 p.m. on September 11, 2021. The safety zone will cover all navigable waters of the Potomac River, encompassed by a line connecting the following points beginning at 38°21′50.96″ N, 076°59′22.04″ W, thence south to 38°21′43.08″ N, 076°59′20.55″ W, thence west to 38°21′41.00″ N, 076°59′34.90″ W, thence north to E:\FR\FM\23AUR1.SGM 23AUR1

Agencies

[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46968-46970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17337]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2021-0338]
RIN 1625-AA00


Safety Zone; Barge Big Digger and Tugs Kimberly Anne and Andrew J 
Operating in the Straits of Mackinac, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comment.

-----------------------------------------------------------------------

SUMMARY: This rule amends an earlier safety zone titled ``Safety Zone; 
Tugs Kimberly Anne and Westwind and Barge Big Digger Operating in the 
Straits of Mackinac, MI'' issued on May 26, 2021, because one of the 
tug vessels named in the earlier rule has changed. The size, duration, 
and purpose of the safety zone remains the same. This rule continues to 
restrict entry into a 500-yard radius around two tugs and a barge 
engaged in pipeline-related work 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.

DATES: This interim rule is effective without actual notice from August 
23, 2021 through October 15, 2021. Comments and related material must 
be received by the Coast Guard on or before September 22, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0338 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Deaven Palenzuela, Sector Sault Sainte Marie Waterways 
Management Division, U.S. Coast Guard at (906) 635-3223 or email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Abbreviations

DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On May 26, 2021, the Coast Guard published a temporary interim 
rule, at 86 FR 28268, that established a temporary safety zone around 
the tug vessels KIMBERLY ANNE and WESTWIND, as well as barge BIG 
DIGGER. This 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. In July 2021, the construction company notified the Coast 
Guard that it needed to switch out the tug vessel WESTWIND for the tug 
vessel ANDREW J. This interim rule amends the existing safety zone to 
remove the name of the tug vessel WESTWIND and replace it with the name 
of the tug ANDREW J.
    The Coast Guard is issuing this temporary interim rule without 
undergoing notice and comment procedures pursuant to 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 public 
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 and unnecessary. The pipeline work is ongoing and the 
barge is on site, and the unexpected switch of attending tug vessel did 
not allow time for meaningful public comment before making the change. 
Moreover, the change to the specific tug vessel attending the barge BIG 
DIGGER does not change the scope, timing, or other details of the 
ongoing work, and is therefore of little interest to the public.
    Because this safety zone will be in place until October 15, 
however, there is time to provide a 30-day public comment period after 
the effective date of this rule. The Coast Guard will consider all 
public comments received, and may change the rule in response to 
comments if doing so is appropriate.
    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 
above, delaying the effective date of this rule would be impracticable 
and unnecessary.
    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 that started 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.

III. Discussion of the Rule

    This rule revises an existing safety zone that is anticipated to 
continue until October 15, 2021. The safety zone continues to cover all 
navigable waters within 500 yards of the barge BIG DIGGER and its 
attending tugs, which are 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. The only 
change this rule makes to the existing safety zone is a change to the 
specific tug named.

IV. 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 protesters.

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

[[Page 46969]]

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 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 allows 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.

D. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.

E. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on 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 Executive Order 13132 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.

F. Unfunded Mandates

    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. Although this rule will not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management 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 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 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 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, call or email the person in 
the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    To view documents mentioned as being available in the docket, find 
the docket as described in the previous paragraph, and then select 
``Supporting & Related Material'' in the Document Type column. Public 
comments will also be placed in our online docket and can be viewed by 
following instructions on the https://www.regulations.gov Frequently 
Asked Questions web page. We review all comments received, but we will 
only post comments that

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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, 
Revision No. 01.2.


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2. Amend Sec.  165.T09-0338 by revising the section heading and 
paragraph (a) to read as follows:


Sec.  165.T09-0338  Safety Zone; Tugs Kimberly Anne and Andrew J 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 Andrew J and Barge 
Big Digger while conducting work, inspection, diving, and surveying of 
pipelines in the Straits of Mackinac.
* * * * *

    Dated: August 9, 2021.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2021-17337 Filed 8-20-21; 8:45 am]
BILLING CODE 9110-04-P