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Regulated Navigation Area; USCG Station Port Huron, Port Huron, Michigan, Lake Huron
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[Federal Register: January 15, 2004 (Volume 69, Number 10)]
[Proposed Rules]
[Page 2318-2320]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja04-21]
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,
Michigan, Lake Huron
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard is proposing to establish 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 State Coast Guard Station Port Huron.
DATES: Comments and related material must reach the Coast Guard on or
before March 15, 2004.
ADDRESSES: You may mail comments and related material to Commander,
Marine Safety Compliance Operations Branch (mco), Ninth Coast Guard
District, 1240 E. Ninth Street, Cleveland, Ohio 44199-2060, or deliver
them to room 2069 at the same address between 9 a.m. and 2 p.m., Monday
through Friday, except Federal holidays. The telephone number is (216)
902-6045.
Commander (mco), Ninth Coast Guard District maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at the Ninth Coast Guard District,
room 2069, 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD09-03-
287), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander (mco), Ninth Coast Guard
District at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
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. During the
summer of 2003, on at least 4 occasions, vessels from Station Port
Huron were removed from operations due to fishing line being wrapped
around their shafts.
In these instances, Station Port Huron's boats 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 their underway assets
available on a 24-hour basis, severely effecting 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
[[Page 2319]]
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 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.
As such, the Coast Guard is proposing to establish an RNA that
would prohibit fishing, mooring and anchoring in the immediate vicinity
of the entrance to Station Port Huron's moorings, unless the vessel
operator receives advanced approval from the Captain of the Port
Detroit. Vessels not engaging in these activities would be allowed to
transit this area.
Discussion of Rule
The proposed RNA would encompass the following: starting at the
northwest corner at 43[deg]00.4[min]
N, 082[deg]25.327[min]
W; east to
43[deg]00.4[min]
N, 082[deg]25.238[min]
W; then south to
43[deg]00.3[min]
N, 082[deg]25.238[min]
W; then west to
43[deg]00.3[min]
N, 082[deg]25.327[min]
W; then following the shoreline
north back to the point of origin. These coordinates are based upon
North American Datum 1983 (NAD 83).
This proposed RNA would extend approximately 400-feet from shore
and be approximately 600-feet in width. Only vessels fishing, mooring
or anchoring are prohibited from being within this RNA.
Regulatory Evaluation
This proposed 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 proposed 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 proposed rule would have 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 proposed
rule would 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 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects and participate in the rulemaking process. 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 Commander (mco), Ninth Coast
Guard District (see ADDRESSES).
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect 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 proposed 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 proposed rule under Executive
Order 13045, Protection of Children from Environmental Health Risks and
Safety 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 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.
Energy Effects
The Coast Guard has analyzed this proposed 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
[[Page 2320]]
does not require a Statement of Energy Effects under Executive Order
13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph 34(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.
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. 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.
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) Regulated Navigation Area. A regulated navigation area is
established in Lake Huron encompassed by a line connecting the
following points: starting at the northwest corner at 43[deg]00.4[min]
N, 082[deg]25.327[min]
W; then east to 43[deg]00.4[min]
N,
082[deg]25.238[min]
W; then south to 43[deg]00.3[min]
N,
082[deg]25.238[min]
W; then west to 43[deg]00.3[min]
N,
082[deg]25.327[min]
W; then following the shoreline north back to the
point of origin (NAD 83).
(b) Special regulations. (1) No vessel may fish, anchor, or moor
within the RNA without obtaining the advanced approval of the Captain
of the Port (COTP) Detroit. 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.
(2) Vessels not engaging in fishing, anchoring or mooring may
transit the RNA.
Dated: December 18, 2003.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 04-913 Filed 1-14-04; 8:45 am]
BILLING CODE 4910-15-P