[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 [www.gpo.gov]
[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

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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 https://www.regulations.gov, 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 [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 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]
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