[Federal Register Volume 90, Number 106 (Wednesday, June 4, 2025)]
[Rules and Regulations]
[Pages 23613-23615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10175]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2025-0485]
RIN 1625-AA08
Special Local Regulation; Wyandotte Regatta; Detroit River,
Wyandotte, 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, Wyandotte, MI. This action is
necessary to protect safety of life on navigable waters immediately
prior to, during, and after the Wyandotte Regatta. 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 rule is effective from 7 a.m. through 4 p.m. on June 28,
2025.
[[Page 23614]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2025-0485 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
COTP Captain of the Port
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)(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 rowing event
until there was insufficient time remaining before the event to publish
an NPRM, allow for a reasonable comment period, and publish a final
rule, given that the rule must be in force by June 28, 2025. 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 and 33 CFR 1.05-1. The Captain of the Port (COTP) Detroit has
determined that the likely combination of recreation vessels,
commercial vessels, and an unknown number of spectators in close
proximity to the rowers along the water poses extra and unusual hazards
to public safety and property. Therefore, the COTP Detroit 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 7
a.m. until 4 p.m. on June 28, 2025. The special local regulation will
cover all navigable waters of the Detroit River, Trenton Channel, from
Point Hennepin to the Grosse Ile toll bridge. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP Detroit 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.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
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 which will impact a small designated area of the Detroit
River from 7 a.m. until 4 p.m. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM Ch 16 about the special local
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
[[Page 23615]]
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 9 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.
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. Inserting required
closing tag for E.
0
2. Add Sec. 100.T999-0485 to read as follows:
Sec. 100.T999-0485 Special Local Regulation; Wyandotte Regatta;
Detroit River; Wyandotte, MI.
(a) Regulated Area. The regulations in this section apply to the
following area: All waters of the Detroit River, Trenton channel, from
Pt. Hennepin to the Grosse Ile toll bridge encompassed within the
following corner points: from 42[deg]10.433' N, 083[deg]9.817' W; a
line drawn north to point 42[deg]11.917' N, 083[deg]8.917' W; a line
drawn south east to point 42[deg]11.883' N, 083[deg]08.81' W; a line
drawn south to point 42[deg]10.383' N, 083[deg]09.633' W; then back
west to the beginning point. These coordinates are based on the 1984
World Geodetic System (WGS 84).
(b) Definitions. As used in this section--
The ``on-scene representative'' means 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.
(c) Regulations. (1) Vessels are prohibited from entering,
transiting through, anchoring in, or remaining in the regulated area
described in paragraph (a) of this section, unless authorized by the
Captain of the COTP Detroit or their on-scene representative. Vessel
operators desiring to operate in the regulated area must contact the
Coast Guard Patrol Commander to obtain permission to do so. The COTP
Detroit 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 Detroit or his on-scene
representative.
(2) Vessels transiting through the regulated area are to maintain
the minimum speeds for safe navigation.
(d) Enforcement period. This section will be enforced from 7 a.m.
through 4 p.m. on June 28, 2025.
Dated: May 29, 2025.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2025-10175 Filed 6-3-25; 8:45 am]
BILLING CODE 9110-04-P