Safety Zone; Gordie Howe Bridge Construction, Detroit River; Detroit, MI, 27389-27392 [2024-08146]
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Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Rules and Regulations
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).
lotter on DSK11XQN23PROD with RULES1
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
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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 safety
zone lasting approximately three hours
that will prohibit entry within a 583foot radius in Presque Isle Bay in Erie,
PA for a fireworks display. 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
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 call or email 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 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
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. 01.3.
2. Add § 165.T2024–0294 to read as
follows:
■
§ 165.T2024–0294 Safety Zone; Presque
Isle Bay, Erie, PA.
(a) Location. The following area is a
safety zone: All waters of Presque Isle
Bay, from surface to bottom,
encompassed by a 583-foot radius
around 42°08′19.87″ N 80°05′29.54″ W.
(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
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Sfmt 4700
27389
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Eastern Great Lakes (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within the
safety zone described in paragraph (a) of
this section is prohibited unless
authorized by the COTP or a designated
representative.
(2) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or their designated
representative to obtain permission to
do so. The COTP or their designated
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the COTP
Eastern Great Lakes, or their designated
representative.
(d) Enforcement period. The regulated
area described in paragraph (a) of this
section is effective from 8:30 p.m.
through 11:30 p.m. on April 24, 2024.
Dated: April 5, 2024.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the
Port Eastern Great Lakes.
[FR Doc. 2024–08139 Filed 4–16–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0293]
RIN 1625–AA00
Safety Zone; Gordie Howe Bridge
Construction, Detroit River; Detroit, MI
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Interim final rule and request
for comments.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters on the Detroit River,
Detroit, MI. The safety zone is necessary
and intended to protect personnel,
vessels, and the marine environment
from potential falling hazards created by
the construction of the Gordie Howe
Bridge. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Detroit, or his designated
representative.
SUMMARY:
DATES:
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27390
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Rules and Regulations
Effective date: This rule is effective
without actual notice from April 17,
2024, through 8 p.m. on July 31, 2024.
For the purposes of enforcement, actual
notice will be used from 8 a.m. April 15,
2024, through April 17, 2024.
Comment due date: Comments and
related material must be received by the
Coast Guard on or before May 15, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0293 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule. You may submit comments
identified by docket number USCG–
2024–0293 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
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 Tracy Girard, Waterways
Department, Sector Detroit, Coast
Guard; telephone (313) 568–9564, email
Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
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. For the same reasons
discussed in the preceding paragraph,
delaying the effective date of this rule
would be impracticable because
immediate action is needed to respond
to the potential safety hazards
associated with a bridge construction
zone.
I. Table of Abbreviations
IV. Discussion of the Rule
This rule establishes a moving safety
zone from 8 a.m. on April 15, 2024,
through 8 p.m. on July 31, 2024. All
U.S. navigable waters of the Detroit
River between the hanging girders on
the Gordie Howe Bridge marked by
orange visibility markers and 100 feet
upriver and 100 feet downriver during
active construction. Commercial vessels
will not be affected. The duration of the
zone is intended to protect personnel,
recreational vessels, and the marine
environment in these navigable waters
during the construction of the Gordie
Howe Bridge. Gordie Howe Bridge
construction workers will stop all
construction work for the passage of
commercial vessels. Recreational
vessel’s entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Detroit or his
designated representative. The Captain
of the Port Detroit or his designated
representative may be contacted via
VHF Channel 16.
lotter on DSK11XQN23PROD with RULES1
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
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 the
event sponsor notified the Coast Guard
with insufficient time to publish an
NPRM and immediate action is
necessary to protect personnel, vessels,
and the marine environment on the
Detroit River. It is impracticable and
contrary to the public interest to publish
a NPRM because we must establish this
safety zone by April 15, 2024.
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III. Legal Authority and Need for Rule
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 Detroit (COTP) has
determined that potential hazards
associated with a bridge construction
zone will be a safety concern for anyone
between the hanging girders on the
Gordie Howe Bridge marked by orange
visibility markers and 100 feet upriver
and 100 feet downriver during active
construction. Falling debris into the
water presents risks of collisions which
could result in serious injuries or
fatalities. This rule is necessary to
protect personnel, recreational vessels,
and the marine environment in the
navigable waters within the safety zone
during time bridge construction is
taking place.
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
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Fmt 4700
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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.
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).
This regulatory action determination
is based on the size, location, and
duration of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone which would
impact a small, designated area of the
Detroit River during times of work when
vessel traffic is normally low. Moreover,
the Coast Guard would issue a
Broadcast Notice to Mariners via VHF–
FM Marine Channel 16 about the zone,
and the rule would allow vessels to seek
permission to enter the zone.
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 safety
zone 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 call or email 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
E:\FR\FM\17APR1.SGM
17APR1
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Rules and Regulations
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.
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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
lotter on DSK11XQN23PROD with RULES1
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.
VerDate Sep<11>2014
16:02 Apr 16, 2024
Jkt 262001
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 safety
zone lasting only during active
construction work will prohibit entry
below an areea where the construction
is being conducted. It is categorically
excluded from further review under
paragraph L[60] 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 call or email 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.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2021–0293 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this rule for alternate
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27391
instructions. Viewing material in
docket. To view documents mentioned
in this rule as being available in the
docket, find the docket as described in
the previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the rule. We may choose not to post offtopic, inappropriate, or duplicate
comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
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
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. 01.3.
2. Add § 165.T09–0293 to read as
follows:
■
§ 165.T09–0293 Gordie Howe Bridge
Construction, Detroit River; Detroit, MI.
(a) Location. The following area is a
temporary safety zone. All U.S.
navigable waters of the Detroit River
between the hanging girders on the
Gordie Howe Bridge marked by orange
visibility markers and 100 feet upriver
and 100 feet downriver during active
construction. Commercial vessels will
not be affected.
(b) Enforcement period. This section
will be in effect at 8 a.m. on April 15,
2024, until 8 p.m. on July 31, 2024, and
will be enforced for recreational vessels
during times of construction when the
Captain of the Port Detroit (COTP)
deems it necessary. The Captain of the
Port Detroit, or a designated
representative may suspend
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Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Rules and Regulations
enforcement of the safety zone at any
time.
(c) 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 COTP in
the enforcement of the safety zone.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into, transiting, or anchoring
within the safety zone in paragraph (a)
of this section is prohibited unless
authorized by the Captain of the Port
Detroit or his designated representative.
(2) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his designated representative to
obtain permission to do so. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Detroit or his
designated representative. The COTP
Detroit or his designated representative
may be contacted via VHF Channel 16.
Dated: April 10, 2024.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2024–08146 Filed 4–16–24; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 20
Changes in Classifications of General
Applicability for International
Competitive Services
Postal ServiceTM.
Final action.
AGENCY:
ACTION:
The Postal ServiceTM is
revising Mailing Standards of the
United States Postal Service,
International Mail Manual (IMM®), and
Notice 123, Price List, to reflect
classification changes to Competitive
services, as established by the
Governors of the United States Postal
Service.
SUMMARY:
DATES:
Effective July 14, 2024.
Dale
Kennedy at 202–268–6592 or Kathy
Frigo at 202–268–4178.
SUPPLEMENTARY INFORMATION: These
changes implement changes in the
minimum dimensions for First-Class
Package International Service®
(FCPIS®), International Priority
Airmail® (IPA®) service and
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FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
16:02 Apr 16, 2024
Jkt 262001
International Surface Air Lift® (ISAL®)
service letter-post rolls to bring them
closer to compliance with standards
established by the Universal Postal
Union (UPU) Convention Regulations,
which serves as applicable authority in
this instance, as adopted at a meeting of
the UPU Postal Operations Council in
May 2023.
To be in compliance with the UPU
regulations, the Postal Service must
revise its minimum dimensions for
international letter-post rolls, so that the
minimum length will be 8.25 inches
instead of 4 inches, and so that the
minimum length plus twice the
diameter will be 12 inches instead of
6.75 inches.
In addition, the Postal Service is
eliminating a competitive international
electronic money transfer service known
as Sure Money® (DineroSeguro®).
Revisions to the size limitations for
international rolls are posted under
Docket No. MC2024–224, and the
removal of prices for International
Money Transfer Service (Sure Money) is
posted under Docket Number CP2024–
230 and on the Postal Regulatory
Commission’s website at https://
www.prc.gov.
This final rule describes the
classification changes for the following
international competitive services:
• First-Class Package International
Service.
• International Money Transfer Service
Sure Money (DineroSeguro)
For pricing, see the Postal Explorer
website at https://pe.usps.com.
First-Class Package International
Service
First-Class Package International
Service (FCPIS) is an economical
international service for small packages
not exceeding 4 pounds in weight and
$400 in value. The Postal Service is
increasing the FCPIS minimum length
requirement on rolls from 4 inches to
8.25 inches and increasing the
minimum length plus twice the
diameter combined from 63⁄4 inches to
12 inches to align with the standards
established by the UPU. International
Priority Airmail (IPA) service and
International Surface Airlift (ISAL)
service packets are also affected by this
change since the dimensional
requirements for IPA and ISAL are
identical to those for FCPIS.
International Extra Services and Fees
The Postal Service is eliminating the
competitive international extra service
for International Money Transfer
Service known as Sure Money
(DineroSeguro).
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
Revise the following sections of the
Mailing Standards of the United States
Postal Service, International Mail
Manual (IMM) as follows:
2
Conditions for Mailing
*
*
*
*
*
250 First-Class Package International
Service
*
*
251.23
*
*
*
Dimensions—Rolls
*
*
*
*
*
[Revise the text to read as follows:]
Rolls must be within the following
dimensions:
a. Minimum length: 8.25 inches.
b. Minimum length plus twice the
diameter combined: 12 inches.
*
*
*
*
*
370 International Money Transfer
Services
*
*
*
*
*
[Remove all text and revise the header
to reflect ‘‘Reserved’’ as follows:]
372
Reserved
*
*
*
*
*
We will publish an appropriate
amended to 39 CFR part 20 to reflect
these changes.
Christopher Doyle,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2024–08140 Filed 4–16–24; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2003–0156; FRL–7547.3–
01–OAR]
RIN 2060–AW14
Other Solid Waste Incinerators; Air
Curtain Incinerators Title V Permitting
Provisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On August 31, 2020, in
accordance with requirements under the
Clean Air Act (CAA), the U.S.
Environmental Protection Agency (EPA)
performed a 5-year review of the
Standards of Performance for New
Stationary Sources and Emissions
Guidelines for Existing Sources: Other
Solid Waste Incineration (OSWI) Units,
which includes certain very small
municipal waste combustion (VSMWC)
and institutional waste incineration
(IWI) units. In the same action, the EPA
SUMMARY:
E:\FR\FM\17APR1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Rules and Regulations]
[Pages 27389-27392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08146]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0293]
RIN 1625-AA00
Safety Zone; Gordie Howe Bridge Construction, Detroit River;
Detroit, MI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Interim final rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Detroit River, Detroit, MI. The safety zone is
necessary and intended to protect personnel, vessels, and the marine
environment from potential falling hazards created by the construction
of the Gordie Howe Bridge. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
Detroit, or his designated representative.
DATES:
[[Page 27390]]
Effective date: This rule is effective without actual notice from
April 17, 2024, through 8 p.m. on July 31, 2024. For the purposes of
enforcement, actual notice will be used from 8 a.m. April 15, 2024,
through April 17, 2024.
Comment due date: Comments and related material must be received by
the Coast Guard on or before May 15, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0293 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule. You may submit
comments identified by docket number USCG-2024-0293 using the Federal
Decision-Making Portal at https://www.regulations.gov. See the ``Public
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 Tracy Girard, Waterways Department, Sector Detroit, Coast
Guard; telephone (313) 568-9564, 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 the event sponsor notified the Coast
Guard with insufficient time to publish an NPRM and immediate action is
necessary to protect personnel, vessels, and the marine environment on
the Detroit River. It is impracticable and contrary to the public
interest to publish a NPRM because we must establish this safety zone
by April 15, 2024.
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. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable because immediate action is needed to respond to the
potential safety hazards associated with a bridge construction zone.
III. Legal Authority and Need for Rule
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 Detroit
(COTP) has determined that potential hazards associated with a bridge
construction zone will be a safety concern for anyone between the
hanging girders on the Gordie Howe Bridge marked by orange visibility
markers and 100 feet upriver and 100 feet downriver during active
construction. Falling debris into the water presents risks of
collisions which could result in serious injuries or fatalities. This
rule is necessary to protect personnel, recreational vessels, and the
marine environment in the navigable waters within the safety zone
during time bridge construction is taking place.
IV. Discussion of the Rule
This rule establishes a moving safety zone from 8 a.m. on April 15,
2024, through 8 p.m. on July 31, 2024. All U.S. navigable waters of the
Detroit River between the hanging girders on the Gordie Howe Bridge
marked by orange visibility markers and 100 feet upriver and 100 feet
downriver during active construction. Commercial vessels will not be
affected. The duration of the zone is intended to protect personnel,
recreational vessels, and the marine environment in these navigable
waters during the construction of the Gordie Howe Bridge. Gordie Howe
Bridge construction workers will stop all construction work for the
passage of commercial vessels. Recreational vessel's entry into,
transiting, or anchoring within the safety zone is prohibited unless
authorized by the Captain of the Port Detroit or his designated
representative. The Captain of the Port Detroit or his designated
representative may be contacted via VHF Channel 16.
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. 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).
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which would impact a small,
designated area of the Detroit River during times of work when vessel
traffic is normally low. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM Marine Channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.
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
safety zone 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
call or email 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
[[Page 27391]]
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.
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. If you believe this
rule has implications for federalism or Indian tribes, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section above.
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
safety zone lasting only during active construction work will prohibit
entry below an areea where the construction is being conducted. It is
categorically excluded from further review under paragraph L[60] 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 call or email 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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0293 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this rule as
being available in the docket, find the docket as described in the
previous paragraph, and then select ``Supporting & Related Material''
in the Document Type column. Public comments will also be placed in our
online docket and can be viewed by following instructions on the
https://www.regulations.gov Frequently Asked Questions web page. We
review all comments received, but we will only post comments that
address the topic of the rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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. 01.3.
0
2. Add Sec. 165.T09-0293 to read as follows:
Sec. 165.T09-0293 Gordie Howe Bridge Construction, Detroit River;
Detroit, MI.
(a) Location. The following area is a temporary safety zone. All
U.S. navigable waters of the Detroit River between the hanging girders
on the Gordie Howe Bridge marked by orange visibility markers and 100
feet upriver and 100 feet downriver during active construction.
Commercial vessels will not be affected.
(b) Enforcement period. This section will be in effect at 8 a.m. on
April 15, 2024, until 8 p.m. on July 31, 2024, and will be enforced for
recreational vessels during times of construction when the Captain of
the Port Detroit (COTP) deems it necessary. The Captain of the Port
Detroit, or a designated representative may suspend
[[Page 27392]]
enforcement of the safety zone at any time.
(c) 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 COTP
in the enforcement of the safety zone.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within the safety
zone in paragraph (a) of this section is prohibited unless authorized
by the Captain of the Port Detroit or his designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his designated
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port Detroit or his
designated representative. The COTP Detroit or his designated
representative may be contacted via VHF Channel 16.
Dated: April 10, 2024.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2024-08146 Filed 4-16-24; 8:45 am]
BILLING CODE 9110-04-P
