[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 [www.gpo.gov]
[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 http://www.regulations.gov, 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 
[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 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