Temporary Safety Zone, Cheboygan and Black Rivers, Michigan

Content

ACTION:

Temporary final rule.

SUMMARY:

The Coast Guard is establishing a temporary safety zone for navigable waters of the Cheboygan River from the Cheboygan Lock
and Dam Complex to the Cheboygan River's outlet from Mullett Lake and the Black River from its confluence with the Cheboygan
River to Alverno Dam. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards
associated with flood waters. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the
Captain of the Port, Sector Northern Great Lakes, or their designated representative.

DATES:

This rule is effective without actual notice from April 20, 2026, through April 24, 2026. For the purposes of enforcement,
actual notice will be used from April 15, 2026, until April 20, 2026.

ADDRESSES:

To view available documents go to https://www.regulations.gov and search for USCG-2026-0474.

FOR FURTHER INFORMATION CONTACT:

If you have questions about this rule, contact LT Rebecca Simpson, Sector Northern Great Lakes Waterways Management Division,
U.S. Coast Guard; telephone 906-635-3237, or email ssmprevention@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

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 and Authority

The Coast Guard received notification of dangerous flood waters on the Cheboygan River from the Cheboygan Lock and Dam Complex
to the Cheboygan River's outlet from Mullett Lake and the Black River from its confluence with the Cheboygan River to Alverno
Dam. The Captain of the Port (COTP) Northern Great Lakes has determined that potential hazards associated with flood waters
are a safety concern for any vessels south of the Cheboygan Lock and Dam Complex to the Cheboygan River's outlet from Mullett
Lake and the Black River from its confluence with the Cheboygan River to Alverno Dam.

Because of these potential hazards, the Coast Guard is issuing this rule without prior notice and comment. As is authorized
by 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 it is impracticable. The Coast Guard was notified of the dangers to vessels on April 14,
2026, and we must establish this safety zone by April 15, 2026, to protect personnel, vessels, and the marine environment.
Therefore, we do not have enough time to solicit and respond to comments.

For the same reasons, the Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective
less than 30 days after publication in the
Federal Register
.

III. Discussion of the Rule

This rule establishes a safety zone from April 15, 2026 through April 24, 2026. The safety zone will cover all navigable waters
in the Cheboygan River from the Cheboygan Lock and Dam Complex to the Cheboygan River's outlet from Mullett Lake and the Black
River from its confluence with the Cheboygan River to Alverno Dam. Vessels and persons will not be allowed to enter the zone
during this time, unless authorized by the Captain of the Port.

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.

A. Impact on Small Entities

The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to
rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment
requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions
do not apply here.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will
affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in
the
FOR FURTHER INFORMATION CONTACT
section.

Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional
Small Business Regulatory Fairness Boards by calling 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.

B. Collection of Information

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

C. Federalism and Indian Tribal Governments

We have analyzed this rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that Order.

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.

D. Unfunded Mandates Reform Act

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will
not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government,
in the aggregate, or by the private sector.

E. Environment

We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions,
and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), 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 is a safety zone. It is categorically excluded from further review under paragraph L60(d) of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration supporting this determination will
be available in the docket.

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

Regulatory Text 1. The authority citation for part 165 continues to read as follows:

Authority:

46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; DHS Delegation No. 00170.1, Revision No. 01.4.

1. Add § 165.T09-0474 to read as follows:

§ 165.T09 0474 Safety Zone; Cheboygan River, Black River, Cheboygan, MI.

(a) Location. The following area is a safety zone: All waters of the Cheboygan River from the Cheboygan Lock and Dam Complex (45°38′09.8″
N, 084°28′47.3″ W) to the Cheboygan River's outlet from Mullett Lake (45°34′34.1″ N, 084°29′18.0″ W), as well as all waters
of the Black River from its confluence with the Cheboygan River (45°36′15.3″ N, 084°27′52.3″ W) to Alverno Dam (45°33′06.6″
N, 084°23′42.5″ W). These coordinates are based on the North American Datum 83 (NAD 83).

(b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Sector Northern Great
Lakes (COTP) in the enforcement of the safety zone.

(c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph
(a) of this section unless authorized by the COTP or the COTP's designated representative.

(2) To seek permission to enter, contact the COTP or the COTP's representative on VHF-FM channel 16 or by telephone at (906)
635-3237. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP's
designated representative.

(d) Enforcement period. This section will be enforced from April 15, 2026, to April 24, 2026.

J.R. Bendle, Captain, U.S. Coast Guard, Captain of the Port Sector Northern Great Lakes. [FR Doc. 2026-07621 Filed 4-17-26; 8:45 am] BILLING CODE 9110-04-P

Download File

Download