Special Local Regulation; Find Your Way Home Swim; Detroit River, Grosse Ile, MI, 70494-70496 [2024-19423]
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70494
Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules and Regulations
SERVICE FEE TABLE—Continued
Service—processing of the following:
Fee amount
(3) Required document filing for record purpose, but not for BOEM approval ..............................................
$38
(4) Non-required document filing for record purposes ....................................................................................
$38
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[FR Doc. 2024–18798 Filed 8–29–24; 8:45 am]
BILLING CODE 4340–98–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2024–0767]
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 rule is effective from 5 a.m.
through 3:30 p.m. on September 14,
2024.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0767 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:
ddrumheller on DSK120RN23PROD with RULES1
ADDRESSES:
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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19:33 Aug 29, 2024
Jkt 262001
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)(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)
and 33 CFR 1.05–1. 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.
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Fmt 4700
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30 CFR citation
§ 556.715(a)
§ 556.808(a)
§ 556.715(b)
§ 556.808(b)
through 3:30 p.m. on September 14,
2024. 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°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 back
to the beginning point. These
coordinates are based on the 1984
World Geodetic System (WGS 84).
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
E:\FR\FM\30AUR1.SGM
30AUR1
Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
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 14, 2024. Moreover, the
Coast Guard will issue Broadcast Notice
to Mariners via VHF–FM marine
channel 16 about the special local
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
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19:33 Aug 29, 2024
Jkt 262001
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
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70495
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
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.T09–0767 to read as
follows:
■
§ 100.T09–0767 Special Local Regulation;
Find Your Way Home Swim; Detroit River;
Grosse Ile, MI
(a) Regulated Area. The regulations in
this section apply to the following area:
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 back
to the beginning point. These
coordinates are based on the 1984
World Geodetic System (WGS 84).
(b) As used in this section—The ‘‘onscene representative’’ means any Coast
Guard commissioned, warrant or petty
officer or a Federal, State, or local law
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70496
Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules and Regulations
enforcement officer designated by or
assisting the Captain of the Port Detroit
to act on his behalf.
(c) Regulations. (1) Vessels are
prohibited from entering, transiting
through, anchoring in, or remaining in
the regulated area described in
paragraph (a) of this section, unless
authorized by the Captain of the Port
Detroit (COTP) or their on-scene
representative. Vessel operators desiring
to operate in the regulated area must
contact the Coast Guard Patrol
Commander to obtain permission to do
so. The 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.
(2) Vessels transiting through the
regulated area are to maintain the
minimum speeds for safe navigation.
(d) Enforcement period. This section
will be enforced from 5 a.m. through
3:30 p.m. on September 14, 2024.
Dated: August 23, 2024.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2024–19423 Filed 8–29–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2024–0742]
Special Local Regulations; Marine
Event on the Willamette River,
Portland, OR
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
special local regulations for the Portland
Dragon Boat Races from September 7
through 8, 2024 to provide for the safety
of life on navigable waterways during
this event. Our regulation for marine
events within the Thirteenth Coast
Guard District identifies the regulated
area for this event in Portland, OR.
During the enforcement periods, entry
of vessels or persons into the regulated
area is prohibited unless specifically
authorized by the Captain of the Port,
Sector Columbia River or the Patrol
Commander. Vessels permitted to
transit the area must comply with the
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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19:33 Aug 29, 2024
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lawful directions from the Patrol
Commander or any official patrol vessel.
The regulations in 33 CFR
100.1302 will be enforced for the
Portland Dragon Boat Races regulated
area listed in item 8 in table 1 to
§ 165.1302, from 8 a.m. to 5 p.m., each
day, from September 7 through 8, 2024.
DATES:
If
you have questions on this rule, call or
email Lieutenant Commander Jesse D.
Wallace, Waterways Management
Division at Sector Columbia River, U.S.
Coast Guard; telephone 503–572–3524,
email SCRWWM@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce special local
regulations in 33 CFR 100.1302 for the
Portland Dragon Boat Races regulated
area, from 8 a.m. to 5 p.m., each day,
from September 7 through 8, 2024. This
action is being taken to provide for the
safety of life on navigable waterways
during this 2-day event. Our regulations
for marine events within the Thirteenth
District, § 165.1302, specifies the
location of the regulated area for the
Portland Dragon Boat Races, which
encompasses portions of the Willamette
River, extending from Tom McCall
Waterfront Park between the Hawthorne
and Marquam Bridges, Portland, OR.
During the enforcement periods, as
reflected in § 100.1302(a) through (e), if
you are the operator of a vessel in the
regulated area you must comply with
the lawful directions from the Patrol
Commander or any official patrol vessel.
Vessels may not transit the regulated
areas without approval from the Patrol
Commander. Vessels permitted to
transit must operate at a no wake speed,
in a manner which will not endanger
participants or other crafts in the event.
Spectators or other vessels shall not
anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times, or
dates and times as modified through
Local Notice to Mariners, unless
authorized by an official patrol vessel.
In addition to this notice of enforcement
in the Federal Register, the Coast Guard
will provide notification of these
enforcement periods via the Local
Notice to Mariners and marine
information broadcasts.
SUPPLEMENTARY INFORMATION:
Dated: August 26, 2024.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Columbia River.
[FR Doc. 2024–19591 Filed 8–29–24; 8:45 am]
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Copyright Office
37 CFR Part 210
[Docket No. 2022–5]
Termination Rights, Royalty
Distributions, Ownership Transfers,
Disputes, and the Music Modernization
Act
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The U.S. Copyright Office is
issuing a final rule adjusting certain due
dates set in an earlier rule regarding
how the Copyright Act’s derivative
works exception to termination rights
applies to the statutory mechanical
blanket license established by the Music
Modernization Act.
DATES: This rule is effective August 30,
2024.
FOR FURTHER INFORMATION CONTACT:
Rhea Efthimiadis, Assistant to the
General Counsel, by email at meft@
copyright.gov or telephone at 202–707–
8350.
SUPPLEMENTARY INFORMATION: On July 9,
2024, the Copyright Office published a
final rule regarding how the Copyright
Act’s derivative works exception to
termination rights (the ‘‘Exception’’)
applies to the statutory mechanical
blanket license established by the Music
Modernization Act.1 Among other
things, the rule required the Mechanical
Licensing Collective (‘‘MLC’’) to engage
in corrective royalty adjustments for
royalties distributed under its earlier,
erroneous interpretation of the
Exception. The rule specified separate
due dates for the MLC and relevant
parties to complete certain steps in this
process. The due dates were set by
referencing the rule’s publication date
(e.g., thirty or sixty days after the rule’s
publication date). Three days after the
rule’s publication, the Office of the
Federal Register issued a correction to
one of those dates, which it had
miscalculated.2
On August 15, 2024, the MLC
contacted the Office to ask about the
calculation of the first due date in the
corrective adjustment process based on
a discrepancy between the date in the
rule’s regulatory text and its preamble.
To resolve any confusion created by the
discrepancy and ensure that parties
have adequate time to participate in the
corrective adjustment process, the
SUMMARY:
1 89
2 89
BILLING CODE 9110–04–P
PO 00000
LIBRARY OF CONGRESS
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FR 56586 (July 9, 2024).
FR 57093 (July 12, 2024).
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Agencies
[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Rules and Regulations]
[Pages 70494-70496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19423]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2024-0767]
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 rule is effective from 5 a.m. through 3:30 p.m. on
September 14, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0767 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)(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) and 33 CFR 1.05-1. 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 14, 2024. 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 back to the beginning point.
These coordinates are based on the 1984 World Geodetic System (WGS 84).
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
[[Page 70495]]
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 14, 2024.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the special local 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.T09-0767 to read as follows:
Sec. 100.T09-0767 Special Local Regulation; Find Your Way Home Swim;
Detroit River; Grosse Ile, MI
(a) Regulated Area. The regulations in this section apply to the
following area: 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 back to the beginning point.
These coordinates are based on the 1984 World Geodetic System (WGS 84).
(b) As used in this section--The ``on-scene representative'' means
any Coast Guard commissioned, warrant or petty officer or a Federal,
State, or local law
[[Page 70496]]
enforcement officer designated by or assisting the Captain of the Port
Detroit to act on his behalf.
(c) Regulations. (1) Vessels are prohibited from entering,
transiting through, anchoring in, or remaining in the regulated area
described in paragraph (a) of this section, unless authorized by the
Captain of the Port Detroit (COTP) or their on-scene representative.
Vessel operators desiring to operate in the regulated area must contact
the Coast Guard Patrol Commander to obtain permission to do so. The
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.
(2) Vessels transiting through the regulated area are to maintain
the minimum speeds for safe navigation.
(d) Enforcement period. This section will be enforced from 5 a.m.
through 3:30 p.m. on September 14, 2024.
Dated: August 23, 2024.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2024-19423 Filed 8-29-24; 8:45 am]
BILLING CODE 9110-04-P