[Federal Register: April 28, 2004 (Volume 69, Number 82)]
[Rules and Regulations]
[Page 23101-23103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap04-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-287]
RIN 1625-AA11
Regulated Navigation Area; USCG Station Port Huron, Port Huron,
MI, Lake Huron
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) around the entrance to the moorings for Station Port Huron. These
regulations are necessary to manage vessel traffic and ensure the
operability of Coast Guard vessels departing Station Port Huron. These
regulations are intended to restrict vessels from fishing, mooring and
anchoring in a portion of Lake Huron in the vicinity of The United
States Coast Guard (USCG) Station Port Huron.
DATES: This rule is effective May 28, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD09-03-287 and are available for inspection or
copying at Commander, Marine Safety Compliance Operations Branch (mco),
Ninth Coast Guard District, 1240 E. Ninth Street, Cleveland, Ohio
44199-2060, between 9 a.m. and 2 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Jim McLaughlin,
Chief, Marine Safety Compliance Operations Branch, Ninth Coast Guard
District Marine Safety Division, at (216) 902-6045.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On January 15, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Regulated Navigation Area; USCG Station Port Huron,
Port Huron, Michigan, Lake Huron in the Federal Register (69 FR 2318).
We received 9 letters commenting on the proposed rule. No public
meeting was requested, and none was held.
Background and Purpose
A large number of recreational fishermen typically fish right off
the entrance to the Station Port Huron Moorings. As such, it is typical
for fishing line to cross the path of any station vessels exiting the
harbor, especially in time-critical emergency situations. On multiple
occasions in
[[Page 23102]]
past years, vessels from Station Port Huron were removed from
operations due to fishing line becoming lodged in and ruining the shaft
bearing. Replacement of this shaft bearing requires removal of the
entire shaft from the vessel.
As a result, Station Port Huron's vessels were unavailable for
search and rescue response during the most active portion of the year,
the summer boating season. Having vessels out of service on a regular
basis has resulted in a life-threatening situation. Station Port Huron
has not been able to rely on having all of its underway assets
available on a 24-hour basis, severely affecting time critical mission
response.
In addition, due to security concerns it is necessary to prohibit
vessels from anchoring or mooring within the RNA. On several occasions,
vessels have been discovered inside Station Port Huron's boat basin or
anchored so close to the Station's property that crewmembers trespassed
upon Federal Property upon disembarking the vessel. This routine
invasion of the boat basin and Government property is a clear threat to
the security and safety of the station and its crew.
Station Port Huron is situated on the southern end of Lake Huron at
the mouth of the St. Clair River. As such, it is a heavily traveled
area both for commercial and recreational vessels. Station Port Huron's
area of responsibility continues south approximately 13 miles down the
St. Clair River and approximately 10 miles north to Port Sanilac,
Michigan. Due to the wide geographic area coupled with the extent of
vessel traffic, it is critical that all Station vessels be operable at
all times and that response times not be hindered.
Discussion of Comments and Changes
One commenter indicated that vessels should be allowed to enter
Station Port Huron's boat basin. In order to ensure that Coast Guard
vessels may exit the basin as quickly as possible with no unnecessary
obstructions at all times, no vessels are allowed to enter the basin.
In addition, due to the requirement to be able to respond as quickly as
possible, vessels in the basin place both themselves and Coast Guard
members in danger by being in the basin.
Three commenters indicated the Coast Guard should place a device on
the shaft to cut off any fishing line. This comment was explored by
members of Station Port Huron and it was determined that the device is
available for the larger 41 UTB foot boat, however there is no device
available for the smaller 25 foot RBHS and 24 foot UTL-T boats. In
addition, while the device works well for synthetic fishing line, the
device is not effective on the portion of steel used as leaders at the
end of fishing line that the USCG boats have been encountering.
Five commenters stated that the size of the zone was too big. The
size of the zone is as small as possible to still be effective in
preventing adverse impacts on boat operations. The zone size was
selected based on currents, and the possibility of fishing lines
drifting in from outside the zone. The current zone size guarantees
Station Port Huron boats can depart and enter the basin at any time of
day, in any weather condition without concern of entanglement.
No changes are being made to this regulation in response to these
comments.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of the Order. The
Office of Management and Budget has not reviewed it under that Order.
It is not significant under the regulatory policies and procedures of
the Department of Homeland Security.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This determination is based on the relative small size of the zone
and the limited class of vessels restricted from this area, i.e.
fishing, mooring or anchoring vessels. In addition, vessels may engage
in these activities provided the vessel operator receives prior
approval from the Captain of the Port Detroit.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule has a significant impact on a substantial
number of small entities. 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. If you think that your business, organization, or
governmental 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.
Assistance for Small Entities
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 so that they can better evaluate
its effects and participate in the rulemaking process. If the rule
affects your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact Commander (mco), Ninth Coast Guard District
(see ADDRESSES.)
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).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that Order.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
The Coast Guard has analyzed this rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
[[Page 23103]]
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This 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.
Energy Effects
The Coast Guard has analyzed this rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph 32(g) of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation. A written categorical exclusion
determination is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 165.920 to read as follows:
Sec. 165.920 Regulated Navigation Area: USCG Station Port Huron, Port
Huron, MI, Lake Huron.
(a) Location. All waters of Lake Huron encompassed by the
following: starting at the northwest corner at 43[deg]00.4' N,
082[deg]25.327' W; then east to 43[deg]00.4' N, 082[deg]25.23.8' W;
then south to 43[deg]00.3' N, 082[deg]25.238' W; then west to
43[deg]00.3' N, 082[deg]25.327' W; then following the shoreline north
back to the point of origin (NAD 83).
(b) Special regulations. No vessel may fish, anchor, or moor within
the RNA without obtaining the approval of the Captain of the Port
(COTP) Detroit. Vessels need not request permission from COTP Detroit
if only transiting through the RNA. COTP Detroit can be reached by
telephone at (313) 568-9580, or by writing to: MSO Detroit, 110 Mt.
Elliot Ave., Detroit MI 48207-4380.
Dated: April 21, 2004.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 04-9623 Filed 4-27-04; 8:45 am]
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