[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Rules and Regulations]
[Pages 27389-27392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08146]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0293]
RIN 1625-AA00


Safety Zone; Gordie Howe Bridge Construction, Detroit River; 
Detroit, MI

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Interim final rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters on the Detroit River, Detroit, MI. The safety zone is 
necessary and intended to protect personnel, vessels, and the marine 
environment from potential falling hazards created by the construction 
of the Gordie Howe Bridge. Entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the Port 
Detroit, or his designated representative.

DATES: 

[[Page 27390]]

    Effective date: This rule is effective without actual notice from 
April 17, 2024, through 8 p.m. on July 31, 2024. For the purposes of 
enforcement, actual notice will be used from 8 a.m. April 15, 2024, 
through April 17, 2024.
    Comment due date: Comments and related material must be received by 
the Coast Guard on or before May 15, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0293 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule. You may submit 
comments identified by docket number USCG-2024-0293 using the Federal 
Decision-Making Portal at https://www.regulations.gov. See the ``Public 
Participation and Request for Comments'' portion of the SUPPLEMENTARY 
INFORMATION section for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Tracy Girard, Waterways Department, Sector Detroit, Coast 
Guard; telephone (313) 568-9564, 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 notified the Coast 
Guard with insufficient time to publish an NPRM and immediate action is 
necessary to protect personnel, vessels, and the marine environment on 
the Detroit River. It is impracticable and contrary to the public 
interest to publish a NPRM because we must establish this safety zone 
by April 15, 2024.
    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. For the same reasons discussed in 
the preceding paragraph, delaying the effective date of this rule would 
be impracticable because immediate action is needed to respond to the 
potential safety hazards associated with a bridge construction zone.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit 
(COTP) has determined that potential hazards associated with a bridge 
construction zone will be a safety concern for anyone between the 
hanging girders on the Gordie Howe Bridge marked by orange visibility 
markers and 100 feet upriver and 100 feet downriver during active 
construction. Falling debris into the water presents risks of 
collisions which could result in serious injuries or fatalities. This 
rule is necessary to protect personnel, recreational vessels, and the 
marine environment in the navigable waters within the safety zone 
during time bridge construction is taking place.

IV. Discussion of the Rule

    This rule establishes a moving safety zone from 8 a.m. on April 15, 
2024, through 8 p.m. on July 31, 2024. All U.S. navigable waters of the 
Detroit River between the hanging girders on the Gordie Howe Bridge 
marked by orange visibility markers and 100 feet upriver and 100 feet 
downriver during active construction. Commercial vessels will not be 
affected. The duration of the zone is intended to protect personnel, 
recreational vessels, and the marine environment in these navigable 
waters during the construction of the Gordie Howe Bridge. Gordie Howe 
Bridge construction workers will stop all construction work for the 
passage of commercial vessels. Recreational vessel's entry into, 
transiting, or anchoring within the safety zone is prohibited unless 
authorized by the Captain of the Port Detroit or his designated 
representative. The Captain of the Port Detroit or his designated 
representative may be contacted via VHF Channel 16.

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 Executive Order 12866. 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. Vessel traffic will be able 
to safely transit around this safety zone which would impact a small, 
designated area of the Detroit River during times of work when vessel 
traffic is normally low. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM Marine Channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
zone.

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

[[Page 27391]]

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.
    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. If you believe this 
rule has implications for federalism or Indian tribes, please contact 
the person listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
safety zone lasting only during active construction work will prohibit 
entry below an areea where the construction is being conducted. It is 
categorically excluded from further review under paragraph L[60] 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2021-0293 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this rule for alternate instructions. 
Viewing material in docket. To view documents mentioned in this rule as 
being available in the docket, find the docket as described in the 
previous paragraph, and then select ``Supporting & Related Material'' 
in the Document Type column. Public comments will also be placed in our 
online docket and can be viewed by following instructions on the 
https://www.regulations.gov Frequently Asked Questions web page. We 
review all comments received, but we will only post comments that 
address the topic of the rule. We may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed 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.T09-0293 to read as follows:


Sec.  165.T09-0293  Gordie Howe Bridge Construction, Detroit River; 
Detroit, MI.

    (a) Location. The following area is a temporary safety zone. All 
U.S. navigable waters of the Detroit River between the hanging girders 
on the Gordie Howe Bridge marked by orange visibility markers and 100 
feet upriver and 100 feet downriver during active construction. 
Commercial vessels will not be affected.
    (b) Enforcement period. This section will be in effect at 8 a.m. on 
April 15, 2024, until 8 p.m. on July 31, 2024, and will be enforced for 
recreational vessels during times of construction when the Captain of 
the Port Detroit (COTP) deems it necessary. The Captain of the Port 
Detroit, or a designated representative may suspend

[[Page 27392]]

enforcement of the safety zone at any time.
    (c) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the COTP 
in the enforcement of the safety zone.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within the safety 
zone in paragraph (a) of this section is prohibited unless authorized 
by the Captain of the Port Detroit or his designated representative.
    (2) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his designated 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zone must comply with all 
directions given to them by the Captain of the Port Detroit or his 
designated representative. The COTP Detroit or his designated 
representative may be contacted via VHF Channel 16.

    Dated: April 10, 2024.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2024-08146 Filed 4-16-24; 8:45 am]
BILLING CODE 9110-04-P