Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 59797 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners, marine 

information broadcasts, or both. 

Dated: August 22, 2023. 

Michael P. Kahle, 

Captain, U.S. Coast Guard, Captain of the 

Port St. Petersburg. 

[FR Doc. 2023–18698 Filed 8–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 Tracy.M.Girard@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

§ 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°05.376′ N, 083°09.027′ 

W; a line drawn south to point 

42°02.459′ N, 083°08.989′ W; a line 

drawn south east to point 42°00.039′ N, 

083°08.417′ W; a line drawn west to 

point 42°00.024′ N, 083°08.501′ W; a 

line drawn north west to point 42°02.43′ 

N, 083°09.308′ W; a line drawn north to 

point 42°05.374′ N, 083°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 onscene 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 


lotter on DSK11XQN23PROD with RULES1
59798 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 

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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T09–0717 to read as 

follows: 

§ 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°05.376′ N, 083°09.027′ 

W; a line drawn south to point 

42°02.459′ N, 083°08.989′ W; a line 

drawn south east to point 42°00.039′ N, 

083°08.417′ W; a line drawn west to 

point 42°00.024′ N, 083°08.501′ W; a 

line drawn north west to point 42°02.43′ 

N, 083°09.308′ W; a line drawn north to 

point 42°05.374′ N, 083°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. 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0237] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Keweenaw Waterway, Between 

Houghton and Hancock, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is altering 

the operating schedule that governs the 

US41 Bridge, mile 16.0, over the 

Keweenaw Waterway between the 

towns of Houghton and Hancock, 

Michigan. This change is being made at 

the request of the Michigan Department 

of Transportation, who owns and 

operates this bridge. 

DATES: This rule is effective September 

29, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number USCG–2022–0237 in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Lee D. Soule, Bridge 

Management Specialist, Ninth Coast 

Guard District; telephone 216–902– 

6085, email Lee.D.Soule@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations [Delete/Add 

Any Abbreviations Not Used/Used in 

This Document] 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

IGLD85 International Great Lakes Datum of 

1985 

LWD Low Water Datum Based on IGLD85 

OMB Office of Management and Budget 

MDOT Michigan Department of 

Transportation 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The US41 Bridge, mile 16.0, over the 

Keweenaw Waterway between the 

towns of Houghton and Hancock, 

Michigan, is owned and operated by 

MDOT and is the only crossing over the 

waterway. The US41 Bridge, mile 16.0, 

over the Keweenaw Waterway is a 

combination highway and railroad 

double deck lift bridge that provides a 

horizontal clearance of 7-feet in the 

down position, 103-feet in the open 

position, and 35-feet in the intermediate 

position above LWD. 

The Keweenaw Waterway divides the 

Keweenaw Peninsula and is in the 

middle of the south shore of Lake 

Superior, a Great Lake known for 

hazardous weather conditions. 

The Federal Government improved 

the Keweenaw Waterway in 1861 to 

accommodate interstate commerce and 

create a harbor of safe refuge for vessels 

caught in bad weather and is located 

halfway between Duluth, Minnesota and 

Sault Ste. Marie, Michigan. Commercial 

vessels, including some over 700-feet in 

length, and powered and non-powered 

recreational vessels utilize the 

waterway. The passenger vessel 

RANGER III operates from the east side 

of the US41 Bridge, mile 16.0, over the 

Keweenaw Waterway to Isle Royal and 

is operated by the National Park Service 

with a capacity of 128-passengers. A 

U.S. Coast Guard Station is located at 

the far west end of the waterway. 

The bridge has special operating 

conditions listed in 33 CFR 117.635 that 

requires the bridge to open on signal; 

except that from April 15 through 

December 14, between midnight and 4 

a.m., the draw shall be placed in the 

intermediate position and open on 

signal if at least 2 hours’ notice is given. 

From December 15 through April 14 the 

draw shall open on signal if at least 12 

hours’ notice is given. 

On May 19, 2022, we published in the 

Federal Register (87 FR 30418) a notice 

of temporary deviation from regulations; 

request for comments to test a change to 

the drawbridge operation schedule to 

determine whether a permanent change 

to the schedule was needed. The Coast 

Guard sought comments from the public 

regarding the proposed changes. This 

deviation was effective from 7 a.m. on 

May 26, 2022, through 7 p.m. on 

September 6, 2022. Comments and 

related material had to reach the Coast 

Guard on or before November 1, 2022. 

In this document we provided data of 

three years of drawtender logs and 

average daily vehicle crossings provided 

by MDOT. 

On April 12, 2023, we published in 

the Federal Register (88 FR 21940) a 

notice of proposed rulemaking 

proposing a permanent change to the 

bridge’s operating schedule. Comments 

and related material were required to be 

received by the Coast Guard on or before 

June 12, 2023. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

The Michigan Department of 

Transportation, who owns and operates 

the bridge, requested a change to the 

drawbridge operation schedule to help 

facilitate all modes of transportation at 

the bridge. 

IV. Discussion of Comments 

We received only two comments on 

the proposed rule and one was a 

duplication of the other. The commenter 

was in full support of the rule and no 

changes have been made as a result. 

Ben Larson, Houghton County 

Administrator, on behalf of the 

residents, looked forward to the 

approval of the new regulation 

becoming. 

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 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, it 

has not been reviewed by the Office of 

Management and Budget (OMB). 

This regulatory action determination 

is based on the ability that vessels can 

still transit the bridge given advanced 

notice or that the scheduled openings 

will provide for the reasonable needs of 

navigation. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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 


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