28376 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 

TABLE THREE

Vessel Number 

Masthead 

lights arc of 

visibility; rule 

21(a) 

Side lights 

arc of 

visibility; rule 

21(b) 

Stern light 

arc of 

visibility; rule 

21(c) 

Side lights, 

distance 

inboard of 

ship’s sides 

in meters 

3(b) annex 1 

Stern light, 

distance forward of stern 

in meters; 

rule 21(c) 

Forward 

anchor light, 

height above 

hull in 

meters; 2(K) 

annex 1 

Anchor lights 

relationship 

of aft light to 

forward light in 

meters 2(K) 

annex 1 

*******

USS SOUTH 

DAKOTA.

SSN 790 .... ...................... ...................... 206.0° 4.37 11.05 2.8 0.30 

*******

* * * * * 

* * * * * 

25. * * * 

TABLE FOUR

Vessel Number 

Distance in meters 

of masthead light 

below the submarine 

identification lights 

*******

USS SOUTH DAKOTA ....................................................... SSN 790 ............................................................................. 0.81 

26. * * * 

Vessel Number 

Obstruction angle relative to ship’s 

headings 

Forward anchor 

light Aft anchor light 

*******

USS SOUTH DAKOTA .............................................. SSN 790 .................................................................... 172° to 188° ..... 359° to 1°. 

* * * * * 

Approved: May 29, 2018. 

A.S. Janin, 

Captain, JAGC, U.S. Navy, Deputy Assistant 

Judge Advocate, General (Admiralty and 

Maritime Law Division). 

Dated: June 13, 2018. 

E.K. Baldini, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Federal Register 

Liaison Officer. 

[FR Doc. 2018–13124 Filed 6–18–18; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0546] 

RIN 1625–AA00 

Safety Zone; Enbridge Anchoring 

Operations, Straits of Mackinac, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Captain of the Port, Sault Sainte 

Marie zone. This safety zone is intended 

to restrict certain portions of the waters 

of Lake Michigan in the Straits of 

Mackinac in the vicinity of a 

construction barge and tug. This 

temporary safety zone is necessary to 

protect the public and workers from the 

potential hazards associated with diving 

operations and installation of additional 

pipeline anchors. 

DATES: This rule is effective without 

actual notice from June 19, 2018 until 

September 4, 2018. For the purposes of 

enforcement, actual notice will be used 

from June 15, 2018, until June 19, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0546 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 MSTC Steven Durden, Sector 

Sault Sainte Marie Waterways 

Management Division, U.S. Coast 

Guard; telephone 906–635–3222, email 

Steven.E.Durden@uscg.mil. 

SUPPLEMENTARY INFORMATION: 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 28377 

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 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 doing 

so would be impracticable and contrary 

to the public interest. The Coast Guard 

was notified of the approval of this 

project by the State of Michigan and 

U.S. Army Corp of Engineers on May 22, 

2018. Delaying this rule to wait for a 

notice and comment period to run 

would be impracticable and contrary to 

the public interest because it would 

inhibit the Coast Guard’s ability to 

protect the public and workers from the 

potential hazards associated with diving 

operations and installation of additional 

pipeline anchors. 

We are issuing this final rule, and 

under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making it effective less than 30 days 

after publication in the Federal 

Register. For the same reasons 

discussed in the preceding paragraph, a 

30 day notice period would be 

impracticable and contrary to the public 

interest. It is impracticable to wait for 

the 30 day notice period to run because 

we must establish this safety zone 

immediately to protect the public from 

the hazards associated with diving 

operations and installation of additional 

pipeline anchors. 

III. Legal Authority and Need for Rule 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

safety zones: 33 U.S.C. 1231; 33 CFR 

1.05–1, 160.5; Department of Homeland 

Security Delegation No. 0170.1. 

This rule establishes a safety zone 

from June 15, 2018 until September 4, 

2018. The safety zone will cover all 

navigable waters of Lake Michigan, 

Straits of Mackinac within 500ft of a 

construction barge and tug. This rule is 

needed to protect the public and 

workers within the safety zone while 

diving operations and installation of 

additional pipeline anchors are taking 

place. 

IV. Discussion of the Rule 

This rule is necessary to ensure the 

safety of the public and workers during 

the aforementioned operations. The 

temporary safety zone will encompass 

all U.S. navigable waters within 500ft of 

the barge ‘‘Big Digger’’ while operating 

in the Mackinac Straits between the 

areas marked on chart 14880 as 

‘‘Pipeline & Cable Area.’’ The western 

boundary is a line from 45°50′1′′ N, 

084°46′05′′ W to 45°47′30′′ N, 084°47′00′′ 

W. The eastern boundary is a line from 

45°50′20′′ N, 084°45′08′′ W to 45°47′20′′ 

N, 84°46′14′′ W. The safety zone will be 

enforced until September 4, 2018. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port, Sault Sainte Marie, or his 

designated representative. The Captain 

of the Port or a designated on-scene 

representative may be contacted via 

VHF Channel 16 or telephone at 906– 

635–3233. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive Orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

We conclude that this rule is not a 

significant regulatory action because we 

anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone created by this rule is confined to 

area encompassing urgent operations. 

Under certain conditions, moreover, 

vessels may still transit through the 

safety zones when permitted by the 

Captain of the Port. 

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. 

This rule will affect the following 

entities, some of which might be small 

entities: the owners or operators of the 

vessels intending to transit in the 

vicinity of the safety zone. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the reasons identified in the Regulatory 

Planning and Review section. Further, 

the Coast Guard will give advance 

notice to the public via a Broadcast 

Notice to Mariners so the public can 

plan accordingly. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 


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28378 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 

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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

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 

establishment of a safety zone and, 

therefore, is categorically excluded from 

further review under paragraph L60(a) 

of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 01. A Record of Environmental 

Consideration (REC) supporting this 

determination is available in the docket 

where indicated in the ADDRESSES

section of this preamble. However, we 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T09–0546 to read as 

follows: 

§ 165.T09–0546 Safety Zone; Enbridge 

Anchoring Operations, Straits of Mackinac, 

MI. 

(a) Location. The following areas are 

temporary safety zones: All U.S. 

navigable waters within 500 ft of a 

construction barge and tug while 

operating in the Mackinac Straits 

between the areas marked on chart 

14880 as ‘‘Pipeline & Cable Area.’’ The 

western boundary is a line from 

45°50′1′′ N, 084°46′05′′ W to 45°47′30′′ 

N, 084°47′00′′ W. The eastern boundary 

is a line from 45°50′20′′ N, 084°45′08′′ W 

to 45°47′20′′ N, 84°46′14′′ W. 

(b) 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) Vessel Operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Sault 

Sainte Marie, or his on-scene 

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 directions given to them by the 

Captain of the Port, Sault Sainte Marie 

or his on-scene representative. 

(c) This rule will be enforced from 

June 15, 2018, until September 4, 2018. 

Dated: June 13, 2018 

M.R. Broz, 

Captain, U.S. Coast Guard Captain of the 

Port, Sector Sault Sainte Marie. 

[FR Doc. 2018–13110 Filed 6–18–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0584] 

Safety Zones; Recurring Safety Zones 

in Captain of the Port Sault Sainte 

Marie Zone for Events Beginning in 

June 2018 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

established safety zones for the Grand 

Marais Splash In, Jordan Valley 

Freedom Festival Fireworks, Festival of 

Fireworks Celebration Fireworks, and 

National Cherry Festival starting in 

June, 2018 to provide for the safety of 

life on navigable waterways. Our 

regulation for safety zones within the 

Captain of the Port Sault Sainte Marie 

Zone identifies the regulated area for 

these safety zones. During the 

enforcement periods, vessels must stay 

out of the established safety zone and 

may only enter with permission from 

the designated representative of the 

Captain of the Port Sault Sainte Marie. 

DATES: The regulations in 33 CFR 

165.918 will be enforced for the safety 

zones identified in the SUPPLEMENTARY

INFORMATION section below for the dates 

and times specified. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

publication, call or email Chief Steven 

Durden, Waterways Management, Coast 

Guard Sector Sault Sainte Marie, U.S. 

Coast Guard; telephone 906–635–3222, 

email Steven.E.Durden@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zones in 

33 CFR 165.918 as per the time, dates, 

and locations in Table 1. 


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