Rule2023-18713
Special Local Regulation; Find Your Way Home Swim; Detroit River, Grosse Ile, MI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 30, 2023
Effective
September 23, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
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[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59797-59799]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18713]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0717]
RIN 1625-AA08
Special Local Regulation; Find Your Way Home Swim; Detroit River,
Grosse Ile, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters of the Detroit River, Grosse Ile, MI. This action is
necessary to protect safety of life on navigable waters immediately
prior to, during, and after the Find Your Way Home Swim. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Detroit or a designated
representative.
DATES: This temporary final rule is effective from 5 a.m. through 3:30
p.m. on September 23, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, type USCG-
2023-0717 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone (313) 568-9564, or email
<a href="/cdn-cgi/l/email-protection#14406675776d3a593a537d6675667054616777733a797d78"><span class="__cf_email__" data-cfemail="1044627173693e5d3e57796271627450656373773e7d797c">[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 doing so would be impracticable. The
Coast Guard did not receive the final details of this swim event until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect participants, mariners and vessels
from the hazards associated with this event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041(a). The Captain of the Port Detroit (COTP) has determined that
the likely combination of recreation vessels, commercial vessels, and
an unknown number of spectators in close proximity to the swim along
the water poses extra and unusual hazards to public safety and
property. Therefore, the COTP is establishing a special local
regulation around the event location to help minimize risks to safety
of life and property during this event.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from 5
a.m. through 3:30 p.m. on September 23, 2023. In light of the
aforementioned hazards, the COTP has determined that a special local
regulation is necessary to protect spectators, vessels, and
participants. The special local regulation will encompass the following
waterway: all waters of the Detroit River encompassed within the
following six points: from 42[deg]05.376' N, 083[deg]09.027' W; a line
drawn south to point 42[deg]02.459' N, 083[deg]08.989' W; a line drawn
south east to point 42[deg]00.039' N, 083[deg]08.417' W; a line drawn
west to point 42[deg]00.024' N, 083[deg]08.501' W; a line drawn north
west to point 42[deg]02.43' N, 083[deg]09.308' W; a line drawn north to
point 42[deg]05.374' N, 083[deg]09.085' W.
An on-scene representative of the COTP may permit vessels to
transit the area when no swim activity is occurring. The on-scene
representative may be present on any Coast Guard, state, or local law
enforcement vessel assigned to patrol the event. Vessel operators
desiring to transit through the regulated area must contact the Coast
Guard Patrol Commander to obtain permission to do so. The COTP or his
designated on-scene representative may be contacted via VHF Channel 16
or via telephone at (313) 568-9560.
The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the special local regulation.
Vessel traffic will be able to safely transit around this special local
regulation zone which will impact a small designated area of the
Detroit River from 5 a.m. through 3:30 p.m. on September 23, 2023.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the special local
[[Page 59798]]
regulation and the rule allows vessels to seek permission to enter the
area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal Government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation lasting almost eleven hours that will prohibit
entry into a designated area. It is categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T09-0717 to read as follows:
Sec. 100.T09-0717 Special Local Regulation; Find Your Way Home Swim;
Detroit River; Grosse Ile, MI.
(a) Location. A regulated area is established to encompass the
following waterway: all waters of the Detroit River encompassed within
the following six points: from 42[deg]05.376' N, 083[deg]09.027' W; a
line drawn south to point 42[deg]02.459' N, 083[deg]08.989' W; a line
drawn south east to point 42[deg]00.039' N, 083[deg]08.417' W; a line
drawn west to point 42[deg]00.024' N, 083[deg]08.501' W; a line drawn
north west to point 42[deg]02.43' N, 083[deg]09.308' W; a line drawn
north to point 42[deg]05.374' N, 083[deg]09.085' W.
(b) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 5 a.m. through 3:30 p.m. on
September 23, 2023.
(c) Special local regulations.
(1) Vessels transiting through the regulated area are to maintain
the minimum speeds for safe navigation.
(2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit (COTP) or his on-scene representative
may be contacted via VHF Channel 16 or via telephone at (313) 568-9560.
Vessel operators given permission to operate within the regulated area
must comply with all directions given to them by the COTP or his on-
scene representative.
(3) The ``on-scene representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant or petty officer or a Federal, State,
or local law enforcement officer designated by or assisting the Captain
of the Port Detroit to act on his behalf.
[[Page 59799]]
Dated: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-18713 Filed 8-29-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 30, 2023.
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