Rule2023-17168
Safety Zone; HBPW James DeYoung Powerplant Explosive Demolition; Macatawa
Primary source
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Published
August 10, 2023
Effective
August 10, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a safety zone for the James DeYoung Powerplant Explosive Demolition on August 10, 2023. This safety zone is located on all waters of the Macatawa River within a circle with a 1000-foot radius from the demolition site located at the James DeYoung Powerplant in position 42[deg]47.726' N 086[deg]6.81' W. During the enforcement period, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign.
Full Text
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<title>Federal Register, Volume 88 Issue 153 (Thursday, August 10, 2023)</title>
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[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Rules and Regulations]
[Pages 54237-54239]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17168]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0607]
RIN 1625-AA87
Safety Zone; HBPW James DeYoung Powerplant Explosive Demolition;
Macatawa
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the James
DeYoung Powerplant Explosive Demolition on August 10, 2023. This safety
zone is located on all waters of
[[Page 54238]]
the Macatawa River within a circle with a 1000-foot radius from the
demolition site located at the James DeYoung Powerplant in position
42[deg]47.726' N 086[deg]6.81' W. During the enforcement period, the
operator of any vessel in the regulated area must comply with
directions from the Patrol Commander or any Official Patrol displaying
a Coast Guard ensign.
DATES: This rule is effective from 8:30 a.m. through 9:45 a.m. August
10, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0607 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Petty Officer Brianna Southard, USCG SECTOR Lake
Michigan--Waterways Management Division, U. S. Coast Guard; telephone
414-747-7188, email <a href="/cdn-cgi/l/email-protection#a2e6929b8ff1efe08ff1e7e1eec3c9c7efcbc1cacbc5c3cc8ff5f5efe2d7d1c1c58ccfcbce"><span class="__cf_email__" data-cfemail="bcf88c8591eff1fe91eff9fff0ddd7d9f1d5dfd4d5dbddd291ebebf1fcc9cfdfdb92d1d5d0">[email protected]</span></a>.
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 changed the date of
the demolition and did not provide the Captain of the Port enough
notice to accommodate the comment period. It is impracticable to
conduct a notice-and-comment rulemaking and have this temporary rule in
place by August 10, 2023.
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 be impracticable because immediate action is needed to
ensure the safety vessels during the James DeYoung Powerplant Explosive
Demolition on August 10, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Lake Michigan (COTP) has
determined that potential hazards associated with the explosive
demolition, will be a safety concern for anyone within a 1000-foot
radius of the demolition site. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the demolition.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:30 a.m. until 9:45 a.m.
on August 10, 2023. The safety zone will cover all navigable waters
within a 1000-foot radius of position 42[deg]47.726' N 086[deg]6.81' W
in the vicinity of the James DeYoung Powerplant on the Macatawa River,
Holland, MI. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters during
the demolition. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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. The safety zone will impact a small
part of the waterway and is designed to minimize impact on navigable
waters. This rule will prohibit entry into certain navigable waters of
Macatawa River in Holland, MI, and is not anticipated to exceed 1 hour
in duration. Moreover, under certain conditions vessels may still
transit through the safety zone when permitted by the COTP Lake
Michigan.
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 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).
[[Page 54239]]
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 safety
zone with a 1000-foot radius on the Macatawa River around position
42[deg]47.726' N 086[deg]6.81' W on August 10, 2023, from 8:30 a.m.
until 9:45 a.m. 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 set out 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.T09-0607 to read as follows:
Sec. 165.T09-0607 Safety Zone; Macatawa River, Holland, MI.
(a) Location. Holland, MI. In the vicinity of the James DeYoung
Power Plant near the Macatawa River within 1000-feet of the demolition
site in position 42[deg]47.726' N 086[deg]6.8' W.
(b) Regulations. The following regulations apply to this safety
zone.
(1) The general regulations in Sec. 165.23.
(2) All vessels must obtain permission from the Captain of the Port
(COTP) Lake Michigan or his or her designated representative to enter,
move within, or exit a safety zone established in this section when the
safety zone is enforced. Vessels and persons granted permission to
enter one of the safety zones listed in this section must obey all
lawful orders or directions of the COTP Lake Michigan or his or her
designated representative. Upon being hailed by the U.S. Coast Guard by
siren, radio, flashing light or other means, the operator of a vessel
must proceed as directed.
(c) Enforcement period. The regulation in this section will be
enforced from 8:30 a.m. through 9:45 a.m. on August 10, 2023. The
Captain of the Port Sector Lake Michigan, or a designated
representative may suspend enforcement of the safety zone at any time.
Dated: August 4, 2023.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. 2023-17168 Filed 8-9-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 10, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.