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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
2 From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if at least four hours advance notice is given.
c The draw of the Route 13 Bridge, mile 3.9, across Point Pleasant Canal at Point Pleasant, shall operate as follows:
1 From 7 a.m. to 11 p.m. the draw shall open on signal.
2 From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if at least four hours advance notice is given.

Dated: August 9, 2021.
L.M. Dickey, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
FR Doc. 202118063 Filed 82021; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket No. USCG20210338
RIN 1625AA00

Safety Zone; Barge Big Digger and Tugs Kimberly Anne and Andrew J
Operating in the Straits of Mackinac, MI
Coast Guard, DHS.
Temporary interim rule with request for comment.

AGENCY:
ACTION:

This rule amends an earlier safety zone titled Safety Zone; Tugs Kimberly Anne and Westwind and Barge Big Digger Operating in the Straits of Mackinac, MI issued on May 26, 2021, because one of the tug vessels named in the earlier rule has changed.
The size, duration, and purpose of the safety zone remains the same. This rule continues to restrict entry into a 500yard radius around two tugs and a barge engaged in pipeline-related work 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, inspection, diving, and surveying of pipelines in the Straits of Mackinac.
DATES: This interim rule is effective without actual notice from August 23, 2021 through October 15, 2021.
Comments and related material must be received by the Coast Guard on or before September 22, 2021.
ADDRESSES: You may submit comments identified by docket number USCG
20210338 using the Federal eRulemaking Portal at http
www.regulations.gov. See the Public
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SUMMARY:

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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 Palenzuela, Sector Sault Sainte Marie Waterways Management Division, U.S. Coast Guard at 906 6353223 or email ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Abbreviations DHS Department of Homeland Security FR Federal Register OMB Office of Management and Budget Section U.S.C. United States Code
II. Background, Purpose, and Legal Basis On May 26, 2021, the Coast Guard published a temporary interim rule, at 86 FR 28268, that established a temporary safety zone around the tug vessels KIMBERLY ANNE and WESTWIND, as well as barge BIG
DIGGER. This safety zone is needed to protect personnel, vessels, and the marine environment from the potential hazards created by the work, inspection, diving, and surveying of pipelines in the Straits of Mackinac. In July 2021, the construction company notified the Coast Guard that it needed to switch out the tug vessel WESTWIND for the tug vessel ANDREW J. This interim rule amends the existing safety zone to remove the name of the tug vessel WESTWIND and replace it with the name of the tug ANDREW J.
The Coast Guard is issuing this temporary interim rule without undergoing notice and comment procedures pursuant to section 4a of the Administrative Procedure Act APA
5 U.S.C. 553b. This provision authorizes an agency to issue a rule without prior public 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. 553bB, 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 unnecessary. The pipeline work is ongoing and the barge is on site, and the unexpected switch of attending tug vessel did not allow time for meaningful public comment before making the change. Moreover, the change to the specific tug vessel attending the barge BIG DIGGER does not change the scope, timing, or other
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details of the ongoing work, and is therefore of little interest to the public.
Because this safety zone will be in place until October 15, however, there is time to provide a 30-day public comment period after the effective date of this rule. The Coast Guard will consider all public comments received, and may change the rule in response to comments if doing so is appropriate.
Under 5 U.S.C. 553d3, the Coast Guard finds that good cause exists for making this rule effective less than 30
days after publication in the Federal Register. For the same reasons discussed above, delaying the effective date of this rule would be impracticable and unnecessary.
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034
previously 33 U.S.C. 1231. The Captain of the Port Sault Sainte Marie COTP has determined that potential hazards created by the work, inspection, diving, and surveying of underwater infrastructure in the Straits of Mackinac that started June 1, 2021, will be a safety concern for anyone within a 500-yard radius of the tugs and barge. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the operation is conducted.
III. Discussion of the Rule This rule revises an existing safety zone that is anticipated to continue until October 15, 2021. The safety zone continues to cover all navigable waters within 500 yards of the barge BIG
DIGGER and its attending tugs, which are being used to work, inspect, dive, and survey pipelines in the Straits of Mackinac. 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.
The only change this rule makes to the existing safety zone is a change to the specific tug named.
IV. 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 protesters.
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
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