Special Local Regulation; Find Your Way Home Swim; Detroit River, Grosse Ile, MI, 59797-59799 [2023-18713]
Download as PDF
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners, marine
information broadcasts, or both.
Dated: August 22, 2023.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
[FR Doc. 2023–18698 Filed 8–29–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2023–0717]
RIN 1625–AA08
Special Local Regulation; Find Your
Way Home Swim; Detroit River, Grosse
Ile, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for certain waters of the Detroit River,
Grosse Ile, MI. This action is necessary
to protect safety of life on navigable
waters immediately prior to, during, and
after the Find Your Way Home Swim.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Detroit or a designated representative.
DATES: This temporary final rule is
effective from 5 a.m. through 3:30 p.m.
on September 23, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0717 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Tracy Girard,
Prevention Department, Sector Detroit,
Coast Guard; telephone (313) 568–9564,
or email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
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16:02 Aug 29, 2023
Jkt 259001
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior 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.
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 doing
so would be impracticable. The Coast
Guard did not receive the final details
of this swim event until there was
insufficient time remaining before the
event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable because it would
inhibit the Coast Guard’s ability to
protect participants, mariners and
vessels from the hazards associated with
this event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that 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 would inhibit the Coast
Guard’s ability to protect participants,
mariners and vessels from the hazards
associated with this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041(a).
The Captain of the Port Detroit (COTP)
has determined that the likely
combination of recreation vessels,
commercial vessels, and an unknown
number of spectators in close proximity
to the swim along the water poses extra
and unusual hazards to public safety
and property. Therefore, the COTP is
establishing a special local regulation
around the event location to help
minimize risks to safety of life and
property during this event.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation from 5 a.m.
through 3:30 p.m. on September 23,
2023. In light of the aforementioned
hazards, the COTP has determined that
a special local regulation is necessary to
protect spectators, vessels, and
participants. The special local
regulation will encompass the following
waterway: all waters of the Detroit River
encompassed within the following six
PO 00000
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59797
points: from 42°05.376′ N, 083°09.027′
W; a line drawn south to point
42°02.459′ N, 083°08.989′ W; a line
drawn south east to point 42°00.039′ N,
083°08.417′ W; a line drawn west to
point 42°00.024′ N, 083°08.501′ W; a
line drawn north west to point 42°02.43′
N, 083°09.308′ W; a line drawn north to
point 42°05.374′ N, 083°09.085′ W.
An on-scene representative of the
COTP may permit vessels to transit the
area when no swim activity is occurring.
The on-scene representative may be
present on any Coast Guard, state, or
local law enforcement vessel assigned to
patrol the event. Vessel operators
desiring to transit through the regulated
area must contact the Coast Guard Patrol
Commander to obtain permission to do
so. The COTP or his designated onscene representative may be contacted
via VHF Channel 16 or via telephone at
(313) 568–9560.
The COTP or his designated on-scene
representative will notify the public of
the enforcement of this rule by all
appropriate means, including a
Broadcast Notice to Mariners and Local
Notice to Mariners.
V. 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 protestors.
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
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the special local
regulation. Vessel traffic will be able to
safely transit around this special local
regulation zone which will impact a
small designated area of the Detroit
River from 5 a.m. through 3:30 p.m. on
September 23, 2023. Moreover, the
Coast Guard will issue Broadcast Notice
to Mariners via VHF–FM marine
channel 16 about the special local
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59798
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations
regulation and the rule allows vessels to
seek permission to enter the area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. 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.
While some owners or operators of
vessels intending to transit the special
local regulation may be small entities,
for the reasons stated in section V.A
above, this rule will not have a
significant economic impact on any
vessel owner or operator.
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. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 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.
lotter on DSK11XQN23PROD with RULES1
C. 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).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
VerDate Sep<11>2014
16:02 Aug 29, 2023
Jkt 259001
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
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.
E. 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 (adjusted for inflation) 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.
F. 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. 4321–4370f), 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 involves a
special local regulation lasting almost
eleven hours that will prohibit entry
into a designated area. It is categorically
excluded from further review under
paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
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section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
INFORMATION CONTACT
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T09–0717 to read as
follows:
■
§ 100.T09–0717 Special Local Regulation;
Find Your Way Home Swim; Detroit River;
Grosse Ile, MI.
(a) Location. A regulated area is
established to encompass the following
waterway: all waters of the Detroit River
encompassed within the following six
points: from 42°05.376′ N, 083°09.027′
W; a line drawn south to point
42°02.459′ N, 083°08.989′ W; a line
drawn south east to point 42°00.039′ N,
083°08.417′ W; a line drawn west to
point 42°00.024′ N, 083°08.501′ W; a
line drawn north west to point 42°02.43′
N, 083°09.308′ W; a line drawn north to
point 42°05.374′ N, 083°09.085′ W.
(b) Enforcement period. The regulated
area described in paragraph (a) of this
section will be enforced from 5 a.m.
through 3:30 p.m. on September 23,
2023.
(c) Special local regulations.
(1) Vessels transiting through the
regulated area are to maintain the
minimum speeds for safe navigation.
(2) Vessel operators desiring to
operate in the regulated area must
contact the Coast Guard Patrol
Commander to obtain permission to do
so. The Captain of the Port Detroit
(COTP) or his on-scene representative
may be contacted via VHF Channel 16
or via telephone at (313) 568–9560.
Vessel operators given permission to
operate within the regulated area must
comply with all directions given to
them by the COTP or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the COTP Detroit is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the Captain of the Port Detroit
to act on his behalf.
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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations
Dated: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
II. Background Information and
Regulatory History
[FR Doc. 2023–18713 Filed 8–29–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0237]
RIN 1625–AA09
Drawbridge Operation Regulation;
Keweenaw Waterway, Between
Houghton and Hancock, MI
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is altering
the operating schedule that governs the
US41 Bridge, mile 16.0, over the
Keweenaw Waterway between the
towns of Houghton and Hancock,
Michigan. This change is being made at
the request of the Michigan Department
of Transportation, who owns and
operates this bridge.
DATES: This rule is effective September
29, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type the docket
number USCG–2022–0237 in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’. In
the Document Type column, select
‘‘Supporting & Related Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Lee D. Soule, Bridge
Management Specialist, Ninth Coast
Guard District; telephone 216–902–
6085, email Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Table of Abbreviations [Delete/Add
Any Abbreviations Not Used/Used in
This Document]
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of
1985
LWD Low Water Datum Based on IGLD85
OMB Office of Management and Budget
MDOT Michigan Department of
Transportation
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
VerDate Sep<11>2014
16:02 Aug 29, 2023
Jkt 259001
The US41 Bridge, mile 16.0, over the
Keweenaw Waterway between the
towns of Houghton and Hancock,
Michigan, is owned and operated by
MDOT and is the only crossing over the
waterway. The US41 Bridge, mile 16.0,
over the Keweenaw Waterway is a
combination highway and railroad
double deck lift bridge that provides a
horizontal clearance of 7-feet in the
down position, 103-feet in the open
position, and 35-feet in the intermediate
position above LWD.
The Keweenaw Waterway divides the
Keweenaw Peninsula and is in the
middle of the south shore of Lake
Superior, a Great Lake known for
hazardous weather conditions.
The Federal Government improved
the Keweenaw Waterway in 1861 to
accommodate interstate commerce and
create a harbor of safe refuge for vessels
caught in bad weather and is located
halfway between Duluth, Minnesota and
Sault Ste. Marie, Michigan. Commercial
vessels, including some over 700-feet in
length, and powered and non-powered
recreational vessels utilize the
waterway. The passenger vessel
RANGER III operates from the east side
of the US41 Bridge, mile 16.0, over the
Keweenaw Waterway to Isle Royal and
is operated by the National Park Service
with a capacity of 128-passengers. A
U.S. Coast Guard Station is located at
the far west end of the waterway.
The bridge has special operating
conditions listed in 33 CFR 117.635 that
requires the bridge to open on signal;
except that from April 15 through
December 14, between midnight and 4
a.m., the draw shall be placed in the
intermediate position and open on
signal if at least 2 hours’ notice is given.
From December 15 through April 14 the
draw shall open on signal if at least 12
hours’ notice is given.
On May 19, 2022, we published in the
Federal Register (87 FR 30418) a notice
of temporary deviation from regulations;
request for comments to test a change to
the drawbridge operation schedule to
determine whether a permanent change
to the schedule was needed. The Coast
Guard sought comments from the public
regarding the proposed changes. This
deviation was effective from 7 a.m. on
May 26, 2022, through 7 p.m. on
September 6, 2022. Comments and
related material had to reach the Coast
Guard on or before November 1, 2022.
In this document we provided data of
three years of drawtender logs and
average daily vehicle crossings provided
by MDOT.
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59799
On April 12, 2023, we published in
the Federal Register (88 FR 21940) a
notice of proposed rulemaking
proposing a permanent change to the
bridge’s operating schedule. Comments
and related material were required to be
received by the Coast Guard on or before
June 12, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
The Michigan Department of
Transportation, who owns and operates
the bridge, requested a change to the
drawbridge operation schedule to help
facilitate all modes of transportation at
the bridge.
IV. Discussion of Comments
We received only two comments on
the proposed rule and one was a
duplication of the other. The commenter
was in full support of the rule and no
changes have been made as a result.
Ben Larson, Houghton County
Administrator, on behalf of the
residents, looked forward to the
approval of the new regulation
becoming.
V. 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. 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
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly, it
has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination
is based on the ability that vessels can
still transit the bridge given advanced
notice or that the scheduled openings
will provide for the reasonable needs of
navigation.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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
E:\FR\FM\30AUR1.SGM
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Agencies
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59797-59799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18713]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0717]
RIN 1625-AA08
Special Local Regulation; Find Your Way Home Swim; Detroit River,
Grosse Ile, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters of the Detroit River, Grosse Ile, MI. This action is
necessary to protect safety of life on navigable waters immediately
prior to, during, and after the Find Your Way Home Swim. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Detroit or a designated
representative.
DATES: This temporary final rule is effective from 5 a.m. through 3:30
p.m. on September 23, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0717 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone (313) 568-9564, or email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior 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. 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 doing so would be impracticable. The
Coast Guard did not receive the final details of this swim event until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect participants, mariners and vessels
from the hazards associated with this event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that 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 would inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041(a). The Captain of the Port Detroit (COTP) has determined that
the likely combination of recreation vessels, commercial vessels, and
an unknown number of spectators in close proximity to the swim along
the water poses extra and unusual hazards to public safety and
property. Therefore, the COTP is establishing a special local
regulation around the event location to help minimize risks to safety
of life and property during this event.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from 5
a.m. through 3:30 p.m. on September 23, 2023. In light of the
aforementioned hazards, the COTP has determined that a special local
regulation is necessary to protect spectators, vessels, and
participants. The special local regulation will encompass the following
waterway: all waters of the Detroit River encompassed within the
following six points: from 42[deg]05.376' N, 083[deg]09.027' W; a line
drawn south to point 42[deg]02.459' N, 083[deg]08.989' W; a line drawn
south east to point 42[deg]00.039' N, 083[deg]08.417' W; a line drawn
west to point 42[deg]00.024' N, 083[deg]08.501' W; a line drawn north
west to point 42[deg]02.43' N, 083[deg]09.308' W; a line drawn north to
point 42[deg]05.374' N, 083[deg]09.085' W.
An on-scene representative of the COTP may permit vessels to
transit the area when no swim activity is occurring. The on-scene
representative may be present on any Coast Guard, state, or local law
enforcement vessel assigned to patrol the event. Vessel operators
desiring to transit through the regulated area must contact the Coast
Guard Patrol Commander to obtain permission to do so. The COTP or his
designated on-scene representative may be contacted via VHF Channel 16
or via telephone at (313) 568-9560.
The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.
V. 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 protestors.
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 necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the special local regulation.
Vessel traffic will be able to safely transit around this special local
regulation zone which will impact a small designated area of the
Detroit River from 5 a.m. through 3:30 p.m. on September 23, 2023.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the special local
[[Page 59798]]
regulation and the rule allows vessels to seek permission to enter the
area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 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.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
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.
E. 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 (adjusted for
inflation) 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.
F. 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. 4321-4370f), 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 involves a
special local regulation lasting almost eleven hours that will prohibit
entry into a designated area. It is categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T09-0717 to read as follows:
Sec. 100.T09-0717 Special Local Regulation; Find Your Way Home Swim;
Detroit River; Grosse Ile, MI.
(a) Location. A regulated area is established to encompass the
following waterway: all waters of the Detroit River encompassed within
the following six points: from 42[deg]05.376' N, 083[deg]09.027' W; a
line drawn south to point 42[deg]02.459' N, 083[deg]08.989' W; a line
drawn south east to point 42[deg]00.039' N, 083[deg]08.417' W; a line
drawn west to point 42[deg]00.024' N, 083[deg]08.501' W; a line drawn
north west to point 42[deg]02.43' N, 083[deg]09.308' W; a line drawn
north to point 42[deg]05.374' N, 083[deg]09.085' W.
(b) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 5 a.m. through 3:30 p.m. on
September 23, 2023.
(c) Special local regulations.
(1) Vessels transiting through the regulated area are to maintain
the minimum speeds for safe navigation.
(2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit (COTP) or his on-scene representative
may be contacted via VHF Channel 16 or via telephone at (313) 568-9560.
Vessel operators given permission to operate within the regulated area
must comply with all directions given to them by the COTP or his on-
scene representative.
(3) The ``on-scene representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant or petty officer or a Federal, State,
or local law enforcement officer designated by or assisting the Captain
of the Port Detroit to act on his behalf.
[[Page 59799]]
Dated: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-18713 Filed 8-29-23; 8:45 am]
BILLING CODE 9110-04-P