37780 Federal Register / Vol. 83, No. 149 / Thursday, August 2, 2018 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0563] 

RIN 1625–AA11 

Regulated Navigation Area; Straits of 

Mackinac, Mackinaw City, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a Regulated Navigation Area 

(RNA) for certain waters of the Straits of 

Mackinac. This action is necessary to 

provide for the safety of life and 

protection of property on these 

navigable waters near Mackinaw City, 

MI. This proposed rulemaking would 

prohibit persons and vessels from 

anchoring or loitering within the RNA 

unless authorized by the Captain of the 

Port of Sault Sainte Marie, Michigan or 

a designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before September 4, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0563 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 about this proposed 

rulemaking, call or email Lieutenant 

Jason Radcliffe, Ninth District 

Waterways Management, U.S. Coast 

Guard; telephone 216–902–6060, email 

Jason.A.Radcliffe2@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

RNA Regulated Navigation Area 

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, Purpose, and Legal 

Basis 

The northwest part of Lake Huron 

forms the approach to, and the east part 

of the, Straits of Mackinac. At the 

extreme northwest end, the lake 

narrows abruptly to a width of 4 miles. 

Spanning this divide is the Mackinac 

Bridge. Two main shipping lanes lead 

north and south of Bois Blanc Island 

and pass under the bridge. Numerous 

shoals and several islands obstruct the 

Straits Area. Located approximately a 

mile west of the Mackinac Bridge are 

submerged electrical cables and the 

Enbridge Line 5 Pipeline. Posted on 

NOAAs navigation charts are cautionary 

notes advising mariners of the cable and 

pipeline area. There is no prohibition 

nor is there an enforcement mechanism 

to discourage anchoring in this area. 

The Captain of the Port (COTP) of Sault 

Sainte Marie has determined that the 

high volume of vessel transits and the 

potential for damage to submerged 

infrastructure warrants the creation of a 

regulatory measure to specifically 

outline an area of regulated navigation 

that prohibits certain vessels from 

anchoring or loitering. 

The purpose of this rulemaking is to 

better enhance the safety of vessels and 

protection of sub-surface cables and 

pipelines within the navigable waters of 

the Straits of Mackinac. The Coast 

Guard proposes this rulemaking under 

authority in 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. 

III. Discussion of Proposed Rule 

On the behalf of COTP Sector Sault 

Sainte Marie, the Ninth Coast Guard 

District proposes the creation of a 

Regulated Navigation Area that 

mandates transiting vessels to make a 

direct passage with no anchoring or 

loitering, unless expressly granted 

permission from the COTP or 

designated representative. Vessels that 

would be required to comply with this 

RNA include vessels of 40 meters or 

more in length, towing vessels of 20 

meters or more in length while engaged 

in towing another vessel, vessels 

certificated to carry 50 or more 

passengers for hire, when engaged in 

trade, or any dredge or floating plant. 

Within the RNA, the District 

Commander or COTP may establish 

temporary traffic rules that include but 

are not limited to channel obstructions, 

winter navigation, unusual weather 

conditions, or unusual water levels. 

This proposed rule will ensure 

transiting mariners are fully aware of 

existing and emergent hazards to 

navigation on or below the navigable 

waterways and provide the Coast Guard 

with greater situational awareness and 

oversight. The regulatory text we are 

proposing appears at the end of this 

document. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the fact that no part of this 

proposed rulemaking and its 

stipulations will require any additional 

equipment purchases or create an undue 

burden to marine operations. This 

proposed rule will increase 

communication and situational 

awareness of the specified area. 

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 

Regulated Navigation Area 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. The 

majority of this proposed rule applies to 

vessels typically larger than those 

operated by small entities. The size and 

operational applicability of this 

proposed rule is found at the end of this 

document. 

If you think that your business, 

organization, or governmental 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 149 / Thursday, August 2, 2018 / Proposed Rules 37781 

jurisdiction qualifies as a small entity 

and that this 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 

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. 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 contact 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 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 023–01 and 

Commandant Instruction M16475.1D, 

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 creating a permanent Regulated 

Navigation Area detailing how mariners 

shall transit through the Straits of 

Mackinac. Normally such actions are 

categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 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 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. 

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, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

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 proposes 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: 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 § 165.944 above the heading 

‘‘Eleventh Coast Guard District’’ to read 

as follows: 

§ 165.944 Regulated Navigation Area; 

Straits of Mackinac. 

(a) Location. All navigable waters of 

the Straits of Mackinac bounded by 

longitude 084°20′ W and 085°10′ W, 

including Grays Reef Passage, the South 

Channel between Bois Blanc Island and 

Cheboygan, MI, and the waters between 

Mackinac Island and St. Ignace, MI. 

(b) Applicability. Unless otherwise 

stated, the provisions of this RNA apply 

to the following vessels: 

(1) Vessels of 40 meters (approx. 131 

feet) or more in length, while 

navigating; 

(2) Towing vessels of 20 meters 

(approx. 65 feet) or more in length, 

while engaged in towing another vessel 

astern, alongside or by pushing ahead; 

or 


daltland on DSKBBV9HB2PROD with PROPOSALS
37782 Federal Register / Vol. 83, No. 149 / Thursday, August 2, 2018 / Proposed Rules 

(3) Vessels certificated to carry 50 or 

more passengers for hire, when engaged 

in trade; or 

(4) Each dredge or floating plant. 

(c) Regulations. The general 

regulations contained in 33 CFR 165.10, 

165.11, and 165.13 apply within this 

RNA. 

(1) Nothing in this regulation relieves 

any vessel, owner, operator, charterer, 

master, or person directing the 

movement of a vessel, from the 

consequences of any neglect to comply 

with this part or any other applicable 

law or regulation. (i.e., the International 

Regulations for Prevention of Collisions 

at Sea, 1972 (72 COLREGS) or the 

Inland Navigation Rules) or of the 

neglect of any precaution which may be 

required by the ordinary practice of 

seamen, or by the special circumstances 

of the case. 

(2) Vessels transiting in the RNA must 

comply with all directions given to 

them by the COTP, or a designated 

representative. The ‘‘designated 

representative’’ of the COTP is any 

Coast Guard commissioned, warrant or 

petty officer who designated by the 

COTP to act on their behalf. The 

designated representative may be on a 

Coast Guard vessel; or other designated 

craft; or on shore and communicating 

via VHF–16 or telephone 906–635– 

3319. 

(3) Vessels transiting through the RNA 

must make a direct passage. No vessel 

may anchor or loiter within the RNA at 

any time without the expressed 

permission of the COTP or a designated 

representative. 

(4) Vessels desiring to anchor within 

the confines of the RNA must contact 

the COTP or a designated representative 

one (1) hour in advance of anchoring via 

VHF–16 or telephone 906–635–3319. 

The person directing the movement of 

the vessel desiring to anchor will 

provide the time and purpose for 

anchoring, plus the anchoring location. 

Vessels getting underway from anchor 

will notify the COTP or a designated 

representative no less than 15 minutes 

prior to sailing via VHF–16 or telephone 

906–635–3319. 

(5) The owner, operator, charterer, 

master or person directing the 

movement of a vessel desiring to loiter 

within the prescribed RNA for the 

purposes of work, dredging, or survey 

must receive permission from the COTP 

or a designated representative a 

minimum of 72 hours in advance of the 

desired activity. 

(6) In the RNA, the District 

Commander or COTP may establish 

temporary traffic rules for reasons that 

include but are not limited to channel 

obstructions, winter navigation, unusual 

weather conditions, or unusual water 

levels. 

(7) There may be times that the Ninth 

District Commander or the COTP finds 

it necessary to close the RNA to vessel 

traffic. During times of limited closure, 

persons and vessels may request 

permission to enter the RNA by 

contacting the COTP or a designated 

representative via VHF–16 or telephone 

906–635–3319. 

(d) Definitions. As used in this RNA: 

(1) Captain of the Port means the 

United States Coast Guard Captain of 

the Port (COTP) of Sault Sainte Marie, 

Michigan. 

(2) Straits of Mackinac means the 

navigable waters of the Great Lakes 

connecting Lake Huron to Lake 

Michigan passing between the upper 

and lower peninsulas of Michigan. 

(e) Notification. The Coast Guard will 

rely on the methods described in 33 

CFR 165.7 to notify the public of the 

time and duration of any closure of the 

RNA. Reports of violations of this RNA 

should go to COTP Sault Sainte Marie 

at 906–635–3319 or on VHF-Channel 16. 

(f) Waiver. For any vessel, the COTP 

or a designated representative may 

waive any of the requirements of this 

section, upon finding that 

circumstances are such that application 

of this section is unnecessary or 

impractical for the purposes of safety or 

environmental safety. 

Dated: July 27, 2018. 

J.M. Nunan, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2018–16549 Filed 8–1–18; 8:45 am] 

BILLING CODE 9110–04–P 


daltland on DSKBBV9HB2PROD with PROPOSALS