Temporary Safety Zone; Tugs Champion, Valerie B, Nancy Anne and Barges Kokosing I, Kokosing III, Kokosing IV Operating in the Straits of Mackinac, MI, 13958-13960 [2022-05235]
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13958
Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Proposed Rules
Smith, and Yan Lau, in the Bureau of
Economics for all their work.
lotter on DSK11XQN23PROD with PROPOSALS1
Concurring Statement of Commissioner
Christine S. Wilson on Advance Notice
of Proposed Rulemaking Concerning
Earnings Claims
Today, the Commission issues an
Advance Notice of Proposed
Rulemaking (‘‘ANPRM’’) to commence
proceedings to address the use of false,
unsubstantiated, or otherwise
misleading earnings claims. As
explained in this Federal Register
document, despite the Commission’s
aggressive enforcement efforts for
decades to combat deceptive earnings
claims, false claims about income
opportunities continue to proliferate.
While I remain skeptical of unleashing
a tsunami of rulemakings to address
common unfair or deceptive acts or
practices, I do not oppose seeking
comment on today’s ANPRM.
We contemplate this rule against the
backdrop of AMG Capital Mgmt., LLC v.
FTC.1 The Supreme Court’s recent
decision in AMG limits the
Commission’s authority to use section
13(b) of the FTC Act to obtain monetary
relief for consumers harmed by
misleading earnings claims. While a
rule would not prevent fraudsters from
engaging in deceptive earnings claims, it
would enhance the FTC’s ability to strip
them of their ill-gotten gains and return
that money to consumers. But for AMG,
I would be skeptical about the need for
rules regarding conduct frequently
targeted by the FTC’s extensive fraud
program. That said, a 13(b) fix would be
preferable to having the FTC pursue a
cornucopia of rules. And if a 13(b) fix
is enacted during the pendency of this
rulemaking, I likely would ask the
Commission to terminate the process.
In the wake of AMG, the exploration
of a potential Earnings Claims rule is
appropriate for two reasons. First,
whether false earnings claims are made
by frauds or legitimate businesses, no
benefit accrues to consumers or
competition. In fact, a 2020 FTC Data
Spotlight about ‘‘income scams’’ stated
that the median loss associated with
business and work-at-home
opportunities is $3,000.2 Consumer
losses related to deceptively marketed
investment seminars are even higher,
exceeding $16,000.3 For decades, the
1 AMG Capital Mgmt., LLC v. FTC, 141 S. Ct. 1341
(2021).
2 Emma Fletcher, Income scams: big promises, big
losses, FTC Consumer Protection Data Spotlight
(Dec. 10, 2020), available at https://www.ftc.gov/
system/files/attachments/blog_posts/%20scams
%3A%20big%20promises%2C%20big
%20losses%20/.final_.correctlink.pdf.
3 Id.
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16:55 Mar 10, 2022
Jkt 256001
Commission has challenged deceptive
earnings claims in connection with
coaching and mentoring schemes, multilevel marketing (‘‘MLM’’) arrangements,
and work-from-home or other business
opportunity scams, to name a few.4
Despite decades of aggressive
enforcement and extensive consumer
and business education efforts,
deceptive earnings claims persist.
Second, consumers cannot analyze
the costs and benefits of investing
significant resources to pursue
coaching, training, MLM, or educational
opportunities without accurate
representations from sellers. But the
true value of these opportunities is best
assessed by the entities offering them. In
other words, we see significant
information asymmetries between
consumers and the entities that make
earnings claims. The monetary value of
an opportunity is likely the central,
material claim that consumers consider
before spending hundreds, thousands,
or even tens of thousands of dollars on
financial-improvement opportunities.
This ANPRM seeks information on how
to ensure that when disclosures are
made, they are substantiated.
For these reasons, I do not oppose an
ANPRM that explores ways to
incentivize establishing a reasonable
basis for earnings claims.
[FR Doc. 2022–04679 Filed 3–10–22; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0085]
RIN 1625–AA00
Temporary Safety Zone; Tugs
Champion, Valerie B, Nancy Anne and
Barges Kokosing I, Kokosing III,
Kokosing IV Operating in the Straits of
Mackinac, MI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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,
SUMMARY:
4 See Section I of SUPPLEMENTARY INFORMATION,
supra. See also Notice of Penalty Offense Authority
Concerning Money-Making Opportunities, available
at https://www.ftc.gov/MMO-notice.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
survey, and inspection conducted
within 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 March 31, 2022. While
this document is effective beginning
April 15, 2022, 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. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 11, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0085 using the Federal Decision
Making Portal at https://
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 S. Palenzuela, Sector
Sault Sainte Marie Waterways
Management Division, U.S. Coast Guard
at (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
II. Background, Purpose, and Legal
Basis
On February 3, 2022, the Project
Manager of Kokosing Industrial notified
the Coast Guard that they are contracted
by American Transmission Company
(ATC) for the pupose of protecting their
new 138kV submarine power cables
installed in the Straits of Mackinac RNA
in 2021. Pursuant to 33 CFR 165.944,
Kokosing sent the Coast Guard a letter
notifying their 2022 project proposal
and request to anchor and work inside
the regulated navigation area (RNA)
within one nautical mile of submerged
pipeline/cable.
The Captain of the Port Sault Sainte
Marie (COTP) has determined that
potential hazards associated with the
work, survey, and inspection of
underwater infrastructure within the
E:\FR\FM\11MRP1.SGM
11MRP1
Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Proposed Rules
Straits of Mackinac starting April 15,
2022 will be a safety concern for anyone
within a 500-yard radius of the tugs and
barges. The purpose of this rulemaking
is to ensure the safety of vessels and the
navigable waters within a 500-yard
radius of the working tugs and barges
affiliated with the pipeline work in the
Straits of Mackinac. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
In accordance with 33 CFR
165.944(c)(4), vessels are prohibited
from anchoring in any charted
submerged pipeline or cable areas
within the Stratis of Mackinac RNA;
except when expressly permitted by the
COTP. Kokosing underwent the proper
procedures to notify the COTP their
project proposal within the Straits of
Mackinac RNA by submitting a letter
requesting to anchor within one nautical
mile of submerged infrastructure.
This rule establishes a temporary
safety zone from April 15, 2022 to
December 31, 2022. The safety zone will
cover all navigable waters within 500
yards of the tugs and barges being used
to work, survey, and inspect within the
Straits of Mackinac Regulated
Navigation Area. 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.
lotter on DSK11XQN23PROD with PROPOSALS1
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM 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
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16:55 Mar 10, 2022
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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 proposed rule would 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
13959
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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary 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 proposed
rule involves a safety zone that will
prohibit entry within 500 yards of tugs
and barges used to work, survey, and
inspect within the Straits of Mackinac.
Normally such actions are 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
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13960
Federal Register / Vol. 87, No. 48 / Friday, March 11, 2022 / Proposed Rules
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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.
lotter on DSK11XQN23PROD with PROPOSALS1
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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG- 2022–0085 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
VerDate Sep<11>2014
16:55 Mar 10, 2022
Jkt 256001
rule 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 address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. 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 to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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 is proposing
to amend 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. 00170.1, Revision No. 01.2.
2. Add § 165.T09–0085 to read as
follows:
■
PO 00000
§ 165.T09–0085 Safety Zone; Tugs
Champion, Valerie B, Nanacy Anne and
Barges Kokosing I, Kokosing III, 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,
surveys, and inspection within 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,
theymust 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 15, 2022 to
December 31, 2022.
Dated: March 8, 2022
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2022–05235 Filed 3–10–22; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Proposed Rules]
[Pages 13958-13960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05235]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0085]
RIN 1625-AA00
Temporary Safety Zone; Tugs Champion, Valerie B, Nancy Anne and
Barges Kokosing I, Kokosing III, Kokosing IV Operating in the Straits
of Mackinac, MI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
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, survey, and inspection conducted within
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 March 31, 2022. While this document is
effective beginning April 15, 2022, 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. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 11, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0085 using the Federal Decision Making Portal at https://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 S. Palenzuela, Sector Sault Sainte Marie
Waterways Management Division, U.S. Coast Guard at (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. Background, Purpose, and Legal Basis
On February 3, 2022, the Project Manager of Kokosing Industrial
notified the Coast Guard that they are contracted by American
Transmission Company (ATC) for the pupose of protecting their new 138kV
submarine power cables installed in the Straits of Mackinac RNA in
2021. Pursuant to 33 CFR 165.944, Kokosing sent the Coast Guard a
letter notifying their 2022 project proposal and request to anchor and
work inside the regulated navigation area (RNA) within one nautical
mile of submerged pipeline/cable.
The Captain of the Port Sault Sainte Marie (COTP) has determined
that potential hazards associated with the work, survey, and inspection
of underwater infrastructure within the
[[Page 13959]]
Straits of Mackinac starting April 15, 2022 will be a safety concern
for anyone within a 500-yard radius of the tugs and barges. The purpose
of this rulemaking is to ensure the safety of vessels and the navigable
waters within a 500-yard radius of the working tugs and barges
affiliated with the pipeline work in the Straits of Mackinac. The Coast
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
In accordance with 33 CFR 165.944(c)(4), vessels are prohibited
from anchoring in any charted submerged pipeline or cable areas within
the Stratis of Mackinac RNA; except when expressly permitted by the
COTP. Kokosing underwent the proper procedures to notify the COTP their
project proposal within the Straits of Mackinac RNA by submitting a
letter requesting to anchor within one nautical mile of submerged
infrastructure.
This rule establishes a temporary safety zone from April 15, 2022
to December 31, 2022. The safety zone will cover all navigable waters
within 500 yards of the tugs and barges being used to work, survey, and
inspect within the Straits of Mackinac Regulated Navigation Area. 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.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary 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 proposed rule involves a safety
zone that will prohibit entry within 500 yards of tugs and barges used
to work, survey, and inspect within the Straits of Mackinac. Normally
such actions are 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
[[Page 13960]]
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG- 2022-0085 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule 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 address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. 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
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T09-0085 to read as follows:
Sec. 165.T09-0085 Safety Zone; Tugs Champion, Valerie B, Nanacy Anne
and Barges Kokosing I, Kokosing III, 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, surveys, and
inspection within 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, theymust 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
15, 2022 to December 31, 2022.
Dated: March 8, 2022
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2022-05235 Filed 3-10-22; 8:45 am]
BILLING CODE 9110-04-P
