[Federal Register Volume 90, Number 76 (Tuesday, April 22, 2025)]
[Proposed Rules]
[Pages 16861-16863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06868]
[[Page 16861]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2024-1102]
RIN 1625-AA11
Regulated Navigation Area; Ludington Harbor Channel and Pere
Marquette Lake, Ludington, MI
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish 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. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 23, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-1102 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call 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
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Beginning in August 2022, the Coast Guard was notified 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 safety and navigation concerns for
larger vessels transiting these same waters. Of particular concern,
large commercial vessels were forced to take emergent action on several
occasions to avoid imminent collision with these highly concentrated
vessels. These hazardous conditions were not always present, but arose
sporadically, primarily in connection with popular local fishing
seasons. Similar concerns were brought to the Coast Guard in the summer
and fall of 2023 and 2024.
The purpose of this Regulated Navigation Area is to address safety
concerns due to the above 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
proposed regulations are intended to encompass fishing vessels,
pleasure craft, ferries, tow boats, deep draft vessels, and other
commercial vessel traffic. This proposed 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. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Ninth District Commander is proposing to establish 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 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.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. A summary of our analyses
based on these statutes or Executive orders follows.
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 NPRM 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, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
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. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated navigation area may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
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If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would call for no 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 proposed 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 proposed rule does not have Tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian Tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 million (adjusted for
inflation) or more in any one year. Although this proposed rule would
not result in such an expenditure, we do discuss the potential effects
of this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management 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 made
a preliminary determination that this action is not likely to have a
significant effect on the human environment. This proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2024-1102 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
Public meeting. The Coast Guard previously held a public meeting
regarding this issue on November 13, 2024, at the Ludington, Michigan
City Hall. We do not plan to hold an additional public meeting, but
will consider doing so in conjunction with county and local government
leadership based on our analysis from public comment. If such a meeting
is held, we will issue a separate Federal Register notice to announce
the date, time, and location of such a meeting.
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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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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.
[[Page 16863]]
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2. Add Sec. 165.972 to read as follows:
Sec. 165.972 Regulated Navigation Area; Ludington Harbor Channel and
Pere Marquette Lake, Ludington, MI.
(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:
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.
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.
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).
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), see part 81 of this chapter.
(c) Navigation Rules. 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 (d) 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) 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 (d).
(1) Vessels and all waterways users must maintain a distance of 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.
(2) Federal, State, or local entities operating in official
capacity are excepted from this 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 section 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 section may be subject to the
civil and/or criminal penalties set forth in 46 U.S.C. 70036.
Dated: April 14, 2025.
J.P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2025-06868 Filed 4-21-25; 8:45 am]
BILLING CODE 9110-04-P