[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Rules and Regulations]
[Pages 48509-48511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12641]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0256]
RIN 1625-AA00


Safety Zone; Ludington Harbor, Ludington, MI

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

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of Ludington Harbor in Ludington, MI. This rule is 
necessary to protect personnel, vessels, and the marine environment 
from potential hazards associated with a light show by restricting 
persons and vessels within the safety zone. At no time during the 
effective period may vessels transit the waters of Ludington Harbor, 
MI, in the vicinity of a triangular shaped safety zone enclosed by the 
following three coordinates: 43[deg]57.213 N, 086[deg]28.336 W to 
43[deg]57.177 N, 086[deg]27.808 W to 43[deg]57.558 N, 086[deg]27.730 W 
then back to the starting point. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port, Sector Lake Michigan.

DATES: This rule is effective on June 8, 2024, from 9 p.m. through 11 
p.m.

ADDRESSES:  To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0256 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 Chief Petty Officer Aaron Sunstrom, Sector Lake Michigan 
Waterways Management Division, U.S. Coast Guard; telephone 414-747-
7148, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Lake Michigan
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 under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' 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 and contrary to the public interest. Prompt action is 
needed to respond to the potential safety hazards associated with the 
Ludington North Breakwater 100th Anniversary Light Show. Due to the 
nature of the event, it is impracticable to provide notice to ensure 
the safety of life and property.
    Also, 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 prompt action is needed to 
respond to the potential safety hazards associated with the Ludington 
North Breakwater 100th Anniversary Light Show.

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

[[Page 48510]]

Michigan (COTP) has determined that potential hazards associated with 
Ludington North Breakwater 100th Anniversary Light Show event would be 
a safety concern for anyone within the safety zone that is not 
participating in the event. The purpose of this rule is to ensure 
safety of vessels and the navigable waters in the safety zone before, 
during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 p.m. until 11 p.m. on 
June 8, 2024. The safety zone will cover all navigable waters of 
Ludington Harbor, MI, in the vicinity of a triangular shaped safety 
zone enclosed by the following three coordinates: 43[deg]57.213 N, 
086[deg]28.336 W to 43[deg]57.177 N, 086[deg]27.808 W to 43[deg]57.558 
N, 086[deg]27.730 W then back to the starting point. The duration of 
the zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters while the Ludington North 
Breakwater 100th Anniversary Light Show take place. 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 created by 
this rule will relatively small and is designed to minimize its impact 
on navigable waters. This rule will prohibit entry into certain 
navigable waters of Ludington Harbor in Ludington, MI, and it is not 
anticipated to exceed 2 hours in duration. Thus, restrictions on vessel 
movement within that particular area are expected to be minimal. 
Moreover, under certain conditions vessels may still transit through 
the safety zone when permitted by the COTP. Moreover, the Coast Guard 
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about 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 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 
temporary safety zone lasting 2 total hours that will prohibit entry 
within a triangle radius of position 43[deg]57.213 N, 086[deg]28.336 W 
to 43[deg]57.177 N, 086[deg]27.808 W to 43[deg]57.558 N, 086[deg]27.730 
W then back to the starting point in Ludington, MI. 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

[[Page 48511]]

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 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.T09-0256 to read as follows:


Sec.  165.T09-0256  Safety Zone; Ludington Harbor, Ludington, MI.

    (a) Location. The following area is a safety zone: All for 
navigable waters within a triangle radius of position 43[deg]57.213 N, 
086[deg]28.336 W to 43[deg]57.177 N, 086[deg]27.808 W to 43[deg]57.558 
N, 086[deg]27.730 W then back to the starting point in Ludington, MI.
    (b) Enforcement period. The safety zone described in paragraph (a) 
of this section is effective on June 8, 2024, from 9 p.m. through 11 
p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port Lake 
Michigan (COTP) or a designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) The ``designated representative'' of the COTP is any Coast 
Guard commissioned, warrant, or petty officer who has been designated 
by the COTP to act on his or her behalf.
    (4) Persons and vessel operators desiring to enter or operate 
within the safety zone during the marine event must contact the COTP or 
an on-scene representative to obtain permission to do so. The COTP or 
an on-scene representative may be contacted via VHF Channel 16. Vessel 
operators given permission to enter or operate in the safety zone must 
comply with all directions given to them by the COTP or an on-scene 
representative.

    Dated: June 4, 2024.
Gregory J. Knoll,
Commander, U.S. Coast Guard, Acting Captain of the Port Lake Michigan.
[FR Doc. 2024-12641 Filed 6-6-24; 8:45 am]
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