[Federal Register Volume 90, Number 149 (Wednesday, August 6, 2025)]
[Rules and Regulations]
[Pages 37793-37797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14884]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1102]
RIN 1625-AA11
Regulated Navigation Area; Ludington Harbor Channel and Pere
Marquette Lake, Ludington, MI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area to
control vessel movement for certain waters of Lake Michigan, the
Ludington Harbor Channel, and Pere Marquette Lake in Ludington, MI.
This action is necessary to provide for the safety of life,
environment, and property on these navigable waters due to hazardous
conditions resulting from increased vessel traffic congestion.
DATES: This rule is effective without actual notice August 6, 2025. For
the purposes of enforcement, actual notice will be used from 01 Aug
2025 until August 6, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-1102 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
[[Page 37794]]
or email Lieutenant Commander Jessica Anderson, Sector Lake Michigan
Waterways Management Division, U.S. Coast Guard; telephone 414-216-
8428, 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
OMB Office of Management and Budget
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Beginning in August 2022, the Coast Guard received notice that
sporadic high concentrations of vessels operating in the vicinity of
the narrow waters of the Ludington Harbor Channel and Pere Marquette
Lake in Ludington, MI, were creating hazardous navigation conditions
for larger vessels transiting the area. Of particular concern, large
commercial vessels were forced to take immediate action on several
occasions to avoid imminent collision with these highly concentrated
vessels. High concentration of vessels were not always present, but
arose sporadically, primarily in connection with fishing seasons.
Similar concerns were brought to the Coast Guard in the summer and fall
of 2023 and 2024. In response, on April 22, 2025, the Coast Guard
published a notice of proposed rulemaking (NPRM) entitled, ``Regulated
Navigation Area; Ludington Harbor Channel and Pere Marquette Lake,
Ludington, MI'' (FR Doc. 2025-06868). There we stated why we issued the
NPRM and invited comments on the proposed regulated navigation area.
During the comment period, which ended June 23, 2025, we received 15
comments.
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 is impracticable because immediate action is needed to
respond to the potential safety hazards associated with an anticipated
salmon migration into the regulated area on or about August 1, 2025 and
subsequent hazardous levels of vessel congestion due to increased
salmon fishing vessel activity in the regulated area.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The Great Lakes District Commander has determined that a
Regulated Navigation Area (RNA) is necessary to address safety concerns
due to hazardous levels of vessel traffic congestion in the Ludington
Harbor Channel and Pere Marquette Lake in Ludington, MI. The goal is to
prevent loss of life, vessel collisions and groundings, environmental
damage, and loss of property resulting from conflicts between varied
users of these navigable waterways. These regulations are intended to
encompass fishing vessels, pleasure craft, ferries, tow boats, deep
draft vessels, and other commercial vessel traffic. This regulation is
necessary due to a significant increase in risks to safety and
hazardous conditions due to high volumes of traffic, combined with a
unique layout of the navigable waters and relatively narrow channel,
requiring additional means to protect waterways users as normal
navigation rules are not sufficient.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 15 comments on our NPRM published April
22, 2025. Of those comments, 6 were in support of the RNA as written
and the Coast Guard appreciates the positive feedback and support for
this endeavor to keep waterways safe for all waterways users.
There were 9 comments which require more detailed response. The
first comment supported specific rules being placed pertaining to
crowded waterways and the local ferry but was not in support of
temporary rules. To clarify, this is a permanent rule, only the
enforcement periods will be temporary. This rule allows the Captain of
the Port, with input from local law enforcement authorities, to
activate and enforce the RNA while conditions warrant. Unlike a
temporary rule, the Coast Guard will have the ability to activate and
enforce the RNA at any time during the entire year but will only do so
when conditions deem it necessary. The Coast Guard appreciates the
input.
The second comment agreed that rules providing safety are
appropriate but cautioned against ambiguity. This comment highlighted
the challenge in interpreting the proposed distances. The Coast Guard
and our partners are dedicated to the safety of all waterway users and
are taking a proactive approach to ensure safety for all parties.
Discretion will be used during the enforcement periods of the RNA.
These distances provide federal and local law enforcement with greater
enforcement capability by establishing more specific standards than
current rules allow. A prudent mariner will operate at greater
distances than the distances listed in the rule. The Coast Guard, in
conjunction with local authorities, will provide educational materials
and outreach as the RNA goes into effect. The Coast Guard and its state
and local partners' goal is to promote safety by deterring unsafe acts.
During enforcement of the RNA, operating at less than the distances
listed may result in enforcement action. The Coast Guard urges all
mariners to maintain situational awareness and abide by all
navigational rules.
The third comment stated that the RNA establishes a precedent that
a larger vessel is right in all interactions. That is not correct. The
RNA only establishes minimum distances to be maintained from vessels
100 feet or longer when conditions warrant. These requirements
recognize that larger vessels in constricted waters with high traffic
density are less able to maneuver quickly to avoid another vessel. It
does not grant vessels larger than 100 feet any exemption from the
Inland Navigation Rules, or the need for these vessels to operate in a
prudent manner. This RNA does not grant any vessel any preference or
deviation from the Rules of the Road.
The fourth comment expressed concerns surrounding visitors to the
Ludington and Pere Marquette area being unaware of the rules. The Coast
Guard, in conjunction with local partners, will be providing
educational and informative materials for the proposed RNA once the
final rule has been published.
The fifth comment inquired as to the enforcement of Rule 9 of the
COLREGS. By implementing this RNA, the Coast Guard is not stating that
Rule 9 does not apply to the regulated area. However, this RNA provides
greater clarity to mariners regarding the specific procedures to follow
during periods of the rule's enforcement in order to ensure safety of
life, environment, and property on these navigable waters. The aim of
this RNA is to minimally impact the usage of the waterway for all
waterway users as all mariners, both recreational and commercial, have
equal usage of a Federal Waterway.
The sixth comment stated that the problem is sporadic high
concentrations of vessels operating in the vicinity of narrow waters of
the Ludington Harbor Channel and Pere Marquette Lake but that the
proffered solution leaves full discretion to the COTP as to when the
concentration of vessels becomes high enough to activate the
regulation. The commentor suggests that a minimum number of vessels
should automatically
[[Page 37795]]
trigger activation of the regulation. The commentor also stated that
the minimum distances from vessels greater than 100' in length seem
impossible to meet and requested more clarity on how information will
be distributed. All vessels are to comply with established Navigation
Rules. This RNA, when activated, establishes minimum distances for all
mariners that must be kept from all vessels greater than 100 feet in
length, not just commercial vessels. By maintaining the specified
distances, vessels will not be transiting in closer proximity to
vessels that are 100 feet in length. The Coast Guard will provide
educational and informative broadcasts as well as provide outreach with
the Harbormaster of Ludington and other enforcement authorities.
The seventh comment requested specific coordinates for the rule. As
the rule is written, it would encompass an arc 1,000 yards from the
Ludington, Michigan harbor entrance. GPS coordinates can be
extrapolated from that arc. The Coast Guard will continue to work with
our federal Partners to ensure clarity and compliance.
The eighth comment stated salmon began returning to Pere Marquette
in the late 1960s and that there has been seasonal, sporadic congestion
ever since without the need for additional federal action. The comment
expressed concerns with electronic anchoring, reduction in Coast Guard
presence, and increased commercial traffic. The commentor desired
increased Coast Guard presence and clarity as to who will declare this
regulation effective in times of congestion. The commentor also
expressed concerns with the proposed distances in that they should
allow for boats to remain in the channel at a safe distance while
commercial traffic is passing. The Coast Guard is committed to the
safety of the waterway and all waterways users. The Coast Guard
maintains search and rescue as well as law enforcement coverage through
a layered system. There is not a current rule which adequately
addressed the hazards described in this comment. This rule allows the
Coast Guard to take a preventative approach to mitigate close quarters
situations and risk of collision within the proposed area. The Coast
Guard, as well as the Harbormaster of Ludington, have directly observed
the hazardous conditions this rule is intended to address. In
determining whether to activate the RNA's requirements, the Captain of
the Port will likely seek input from Coast Guard Station Manistee which
provides assets to the Coast Guard's Forward Operating Location in
Ludington along with local authorities to determine if the waterway
congestion is compromising the safety of navigation of vessels. This
RNA does not preclude vessels from being in the channel while vessels
greater than 100' pass through as long as they abide by the navigation
rules.
The ninth comment stated that skill and understanding of the
COLREGS by recreational fisherman is the issue. The commentor requested
for recreational fishing vessels to be banned from the area permanently
and for the area to be extended to 1,000 yards in all directions for
all vessels greater than 26'. The Coast Guard is committed to
maintaining a safe and transitable waterway for all mariners and is
seeking to establish a rule that has the most minimal, but effective,
results for all who seek to use this waterway.
The Coast Guard appreciates all of the comments that were received,
both in favor and those requesting further clarification. Taking into
consideration these comments and our responses, there is one change to
the regulatory text of this rule from the proposed rule in the NPRM.
The words ``at least'' were added in paragraph (d)(1) to state
``Vessels and all waterways users must maintain a distance of at least
440 yards from the bow, 100 yards from the stern, and 35 yards from the
port and starboard side of any vessel greater than 100 feet in length
transiting through the regulated navigation area as described in
paragraph (a) of this section.''
This rule establishes a regulated navigation area which would be
enforced only when hazardous levels of vessel traffic congestion
(``Congestion'') exist. Operations potentially creating Congestion
include, but are not limited to, vessels engaged in fishing,
recreational fishing derbies, regattas, or permitted marine events. The
Captain of the Port, Sector Lake Michigan (``COTP'') will determine
when Congestion exists and will notify the public via Broadcast Notice
to Mariners and other comparable public notice and will coordinate and
inform the harbormaster of Ludington before enforcement of the
Regulated Navigation Area. When Congestion exists, vessels and all
waterways users, with the exception of Federal or State entities
operating in official capacity, would be required to maintain a
distance of at least 440 yards from the bow, 100 yards from the stern,
and 35 yards from the port and starboard side of any commercial or
recreational vessels greater than 100 feet in length transiting into or
out of the Ludington Harbor Channel, starting at 1,000 yards outside
the Ludington Harbor entrance and encompassing all navigable waterways
within the Ludington Harbor Channel and Pere Marquette Lake.
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
characteristics of the regulated navigation area. The proposed rule is
expected to place minimal restrictions on vessel movement and is
designed to minimize impact on navigable waters. Vessels may still
transit through the regulated navigation area and the impact will be
short in duration.
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 received no comments from the Small Business
Administration on this rulemaking. 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
[[Page 37796]]
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will 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 the
establishment of a regulated navigation area which would be enforced
only when Congestion exists. During this period of enforcement, vessels
would be permitted to operate, albeit it with limited navigation
restrictions when large commercial vessels are transiting the regulated
waters. Accordingly, 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons stated 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. 01.4.
0
2. Add Sec. 165.972 to read as follows:
Sec. 165.972 Regulated Navigation Area; Ludington Harbor Channel and
Pere Marquette Lake, Ludington, Michigan
(a) Location. The following area is a regulated navigation area:
All navigable waters of the Ludington Harbor Channel and Pere Marquette
Lake, from surface to bottom, as well as navigable waters of Lake
Michigan within 1,000 yards of the Ludington, Michigan harbor entrance.
(b) Definitions. As used in this section:
(1) Vessels engaged in fishing are as identified in the definition
found in Rule 3 of the International Regulations for Prevention of
Collisions at Sea, 1972, (72 COLREGS), found in appendix A, part 81 of
this chapter.
(2) Hazardous levels of vessel traffic congestion are as defined at
the time by the Captain of the Port or a designated representative.
Operations potentially creating hazardous levels of vessel traffic
congestion include, but are not limited to, vessels engaged in
commercial or recreational fishing, pleasure craft, tow boats, other
commercial vessel traffic, recreational fishing derbies, regattas,
permitted marine events, or any other condition creating a high
concentration of vessels in the regulated navigation area.
(3) Designated representative of the Captain of the Port is any
Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his or her behalf.
(4) Ludington Harbor entrance is defined as the waters between the
westernmost point of the Ludington Harbor break walls as marked by the
Ludington North Breakwater Light (LLNR 18530) and Ludington Harbor
South Breakwater Light (LLNR 18555).
(c) Rules of the Road. Nothing in this section shall be construed
as relieving any party from their responsibility to comply with
applicable rules set forth in the 72 COLREGS.
(d) Regulations. The provisions under this paragraph apply only
when imposed in specific locations by the Captain of the Port or a
designated representative. They are intended to enhance vessel traffic
safety during periods and in locations where hazardous levels of vessel
traffic congestion are deemed to exist by the Captain of the Port or a
designated representative. When hazardous levels of vessel traffic
congestion are determined to exist by the Captain of the Port or a
designated representative per paragraph (b)(2) of this section, the
Captain of the Port or designated representative will issue a Broadcast
Notice to Mariners and other comparable public notice and will
coordinate and inform the harbormaster of Ludington, notifying the
public of the period and location of enforcement prior to enforcing the
provisions under this paragraph.
(1) Vessels and all waterways users must maintain a distance of at
least 440 yards from the bow, 100 yards from the stern, and 35 yards
from the port and
[[Page 37797]]
starboard side of any vessel greater than 100 feet in length transiting
through the regulated navigation area as described in paragraph (a) of
this section.
(2) Federal, State, or local entities operating in official
capacity are excepted from paragraph (d).
(3) In an emergency, the master, pilot, or person directing the
movement of the vessel may deviate from this section to the extent
necessary to avoid endangering persons, property, or the environment,
and shall report the deviation to The United States Coast Guard via VHF
channel 16 as soon as possible.
(4) Violations of this rule should be reported to the Captain of
the Port Sector Lake Michigan, at (414) 747-7182 or on VHF-Channel 16.
Vessels or persons in violation of this rule may be subject to the
civil and/or criminal penalties set forth in 46 U.S.C. 70036.
Dated: August 1, 2025.
M.I. Kuperman,
Captain, U.S. Coast Guard, Acting Commander, Great Lakes District.
[FR Doc. 2025-14884 Filed 8-5-25; 8:45 am]
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