<RULE>
DEPARTMENT OF HOMELAND SECURITY
<SUBAGY>Coast Guard</SUBAGY>
<CFR>33 CFR Part 100</CFR>
<DEPDOC>[Docket No. USCG-2025-0485]</DEPDOC>
<RIN>RIN 1625-AA08</RIN>
<SUBJECT>Special Local Regulation; Wyandotte Regatta; Detroit River, Wyandotte, MI</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Coast Guard, DHS.
<HD SOURCE="HED">ACTION:</HD>
Temporary final rule.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
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.
</SUM>
<EFFDATE>
<HD SOURCE="HED">DATES:</HD>
This rule is effective from 7 a.m. through 4 p.m. on June 28, 2025.
</EFFDATE>
<HD SOURCE="HED">ADDRESSES:</HD>
To view documents mentioned in this preamble as being available in the docket, go to
<E T="03">http://www.regulations.gov,</E>
type USCG-2025-0485 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
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
<E T="03">Tracy.M.Girard@uscg.mil</E>
.
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<HD SOURCE="HD1">I. Table of Abbreviations</HD>
<EXTRACT>
<FP SOURCE="FP-1">CFR Code of Federal Regulations</FP>
<FP SOURCE="FP-1">COTP Captain of the Port</FP>
<FP SOURCE="FP-1">DHS Department of Homeland Security</FP>
<FP SOURCE="FP-1">FR Federal Register</FP>
<FP SOURCE="FP-1">NPRM Notice of Proposed Rulemaking</FP>
<FP SOURCE="FP-1">§ Section</FP>
<FP SOURCE="FP-1">U.S.C. United States Code</FP>
</EXTRACT>
<HD SOURCE="HD1">II. Background Information and Regulatory History</HD>
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
<E T="04">Federal Register</E>
. 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.
<HD SOURCE="HD1">III. Legal Authority and Need for Rule</HD>
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.
<HD SOURCE="HD1">IV. Discussion of the Rule</HD>
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.
<HD SOURCE="HD1">V. Regulatory Analyses</HD>
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.
<HD SOURCE="HD2">A. Regulatory Planning and Review</HD>
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.
<HD SOURCE="HD2">B. Impact on Small Entities</HD>
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
<E T="02">FOR FURTHER INFORMATION CONTACT</E>
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.
<HD SOURCE="HD2">C. Collection of Information</HD>
This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
<HD SOURCE="HD2">D. Federalism and Indian Tribal Governments</HD>
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.
<HD SOURCE="HD2">E. Unfunded Mandates Reform Act</HD>
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.
<HD SOURCE="HD2">F. Environment</HD>
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 Nat
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