Homeland Security Department Docket USCG-2026-0431 Final Rule

2026-10060: Safety Zone; Straits of Mackinac, Lake Michigan, MI

Get alerted when the next rule lands

New rules open for comment on their own schedule. Pick how you want to hear about them — we email you when one appears.

Alert me on new Homeland Security Department rules or alert me on a subject

Publishing to members? Embed a live rule tracker on your own site — the proposed rules in your area and the comment deadlines closing on them, updating themselves. Free, one line of HTML.

Create a free account & build one →

Summary

The Coast Guard is establishing a temporary safety zone for navigable waters on the Straits of Mackinac, in particular within a 500-yard radius of the vessels Ugle Duckling and Streak while they are conducting underwater survey operations. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by underwater survey work on Line 5 Pipeline. 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.

The agency’s own summary, as published.

The rule, in full

1,504 words as published, May 20, 2026. View the original →

Federal Register, Volume 91 Issue 97 (Wednesday, May 20, 2026) [Federal Register Volume 91, Number 97 (Wednesday, May 20, 2026)] [Rules and Regulations] [Pages 29366-29368] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-10060] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2026-0431] RIN 1625-AA00 Safety Zone; Straits of Mackinac, Lake Michigan, MI

Agency

Coast Guard, Department of Homeland Security.

Action

Temporary final rule. -----------------------------------------------------------------------

Summary

The Coast Guard is establishing a temporary safety zone for navigable waters on the Straits of Mackinac, in particular within a 500-yard radius of the vessels Ugle Duckling and Streak while they are conducting [[Page 29367]] underwater survey operations. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by underwater survey work on Line 5 Pipeline. 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 from June 1, 2026, through July 31, 2026. It will be subject to enforcement each day from 6:00 a.m. until 6:00 p.m.

Addresses

To view available documents go to https://www.regulations.gov and search for USCG-2026-0431.

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 906-635-3223, or email [email protected].

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 Sec. Section U.S.C. United States Code

II. Background and Authority

The Coast Guard is establishing a temporary safety zone for navigable waters within a 500-yard radius of the vessels Ugle Duckling and Streak while they are conducting underwater survey operations. The safety zone is necessary to protect vessels while a Hovering Autonomous Underwater Vehicle (HAUV)/Remotely Operated Vehicle (ROV) is conducting underwater surveys on Lake Michigan in the vicinity of the Straits of Mackinac, MI. Hazards from HAUV/ROV operations include submerged navigation obstruction from the HAUV/ROV as well as limited maneuverability of the control vessels. The Captain of the Port Sector Northern Great Lakes (COTP) has determined that potential hazards associated with HAUV/ROV operations are a safety concern for anyone within 500 yards of the operation. Therefore, the COTP is proposing this rule under the authority in 46 U.S.C. 70034, which is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone. The regulatory text we are proposing appears at the end of this document. 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. It is impracticable to publish an NPRM because we must establish this safety zone by June 1, 2026, and we lack sufficient time to provide a reasonable comment period and consider those comments before issuing the rule. For the same reason, 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. Delaying the effective date of this rule is impracticable because prompt action is needed to address the potential safety hazards associated with the HAUV/ROV survey of subsurface lakebed and surrounding areas of interest and the potential hazard from other vessels transiting the Straits of Mackinac at the same time this project is being conducted.

III. Discussion of the Rule

This rule establishes a safety zone from 6 a.m. until 6 p.m. each day from June 1, 2026 through July 31, 2026. The safety zone would cover all navigable waters within 500 yards of the survey vessels. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or their designated representative. The regulatory text we are proposing appears at the end of this document.

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(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration [[Page 29368]] supporting this determination is 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 0

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; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4. 0

2. Add Sec. 165.T09-0431 to read as follows:

Sec. 165.T09-0431 Safety Zone; Straits of Mackinac, Lake Michigan, MI. (a) Location. The following area is a safety zone: All waters of the Straits of Mackinac, from surface to bottom, within 500 yards of the survey vessels Ugle Duckling and Streak while conducting a HAUV/ROV survey of the subsurface lakebed and surrounding areas of interest. (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) 635-3233. 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 periods. This section will be enforced from 6 a.m. to 6 p.m. each day from June 1, 2026 through July 31, 2026. D.M. Parker, Commander, U.S. Coast Guard, Acting Captain of the Port Sector Northern Great Lakes. [FR Doc. 2026-10060 Filed 5-19-26; 8:45 am] BILLING CODE 9110-04-P

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

Don't miss the comment window

One Click Politics alerts you on every deadline, hearing, and rule change.

See all rules with comments due soon →