FR 2025-06868

General Summary

The document at hand is a proposed rulemaking notice from the Coast Guard, which falls under the Department of Homeland Security. The proposal aims to establish a "Regulated Navigation Area" in waters near Ludington, Michigan, specifically in Lake Michigan, the Ludington Harbor Channel, and Pere Marquette Lake. This measure seeks to manage vessel movement and ensure safety in response to high levels of boat traffic, particularly during peak times such as popular fishing seasons. The rule would mandate vessels to maintain specific distances from larger commercial ships when conditions of "Congestion" are identified by the Captain of the Port or a designated representative. The Coast Guard is inviting public comments on this proposal until June 23, 2025.

Significant Issues or Concerns

• Complex Language and Abbreviations: The document employs specialized terms and abbreviations, such as "Congestion," "72 COLREGS," and "LLNR," which may not be immediately clear to the average reader. While some terms are defined, others may leave readers needing additional research to fully understand the proposal.

• Discretionary Determination of Congestion: The process by which "Congestion" is identified is left at the discretion of the Captain of the Port or a designated representative. This lack of specific criteria can lead to inconsistent enforcement and uncertainty among waterway users.

• Emergency Deviations: Although the rule allows for deviations in emergencies, the criteria for what constitutes an emergency or how such deviations should be reported are not clearly outlined. This could lead to confusion or misuse of the allowances provided.

• Access to Reference Materials: References to complex legal documents and sections, such as 46 U.S.C. 70034 and other codes, without summarizing them in the text, may present an accessibility barrier to those not familiar with federal regulations or who lack easy access to these documents.

Impact on the Public and Stakeholders

Broad Public Impact:

The proposed regulation is primarily concerned with safety and environmental protection due to increased vessel traffic. It highlights a need for structured vessel management to prevent accidents and maintain safe waterways. For the general public, this action underscores a commitment to prioritize safety and environmental awareness in highly trafficked water regions.

Impact on Specific Stakeholders:

• Recreational and Commercial Operators: These stakeholders may find the specific distance requirements challenging, particularly if they lack equipment for accurately measuring distances at sea. Moreover, these rules could require them to alter their routes, potentially resulting in delays or changes in operational plans.

• Small Entities and Local Businesses: Although the proposal states that it would not significantly impact small entities, there remains a potential for some operational adjustments by local businesses that utilize these waterways. The extent of this impact may depend on how frequently the area is declared congested and the required adjustments to business operations.

Positive Impacts: The primary positive aspect of this proposal is the enhancement of safety for all waterway users by addressing traffic congestion and potential hazards. This has benefits for reducing accidents and ensuring a safer, more predictable navigation environment.

Negative Impacts: On the flip side, the regulated navigation area can introduce new operational obligations for vessel operators, particularly small businesses or recreational users. They may need to adapt their schedules or navigation practices, which could incur additional costs or logistical challenges.

Conclusion

While the Coast Guard's proposal aims to mitigate risks associated with high vessel traffic, the document's technical language, discretionary elements, and reference-heavy nature introduce a level of complexity that may hinder full public understanding and participation. Stakeholders, particularly smaller vessel operators, may experience operational impacts, though these are tempered by the intended improvements in safety and navigation orderliness. Public engagement and commentary are encouraged but could be enhanced by clearer guidelines on how feedback will influence the final rulemaking.

The document under review addresses proposed regulations concerning navigation in specific waters near Ludington, Michigan. Financial considerations are a part of this regulatory process, primarily concerning the potential impact on government entities and the private sector.

Financial Overview

The central financial reference in this document is related to the Unfunded Mandates Reform Act of 1995, which requires federal agencies to assess regulatory actions that may impose expenditures of $100 million (adjusted for inflation) or more in any one year on state, local, or tribal governments, or the private sector. The document indicates that the proposed rule does not meet this threshold, implying that the financial impact is not significant enough to trigger further mandatory evaluation under this Act.

Relation to Identified Issues

One of the key issues identified in this document is the use of specialized language and abbreviations. While the financial reference to possible expenditures of $100 million is clear in its threshold for significant economic impact, the broader implications of what might constitute such expenditures remain general. Without clear definitions or enumerations of potential costs, entities subject to the rule may struggle to anticipate whether their situations might approach this significant financial threshold.

Additionally, while the document mentions the process for public comment, it does not specify clear criteria for evaluating these comments. This lack of specificity could lead to uncertainties for entities concerned about financial impact. Comments explaining potential financial hardships or seeking clarifications on economic implications might not be adequately assessed or integrated into the rulemaking process if the evaluation process remains vague.

Conclusion

In conclusion, while the document clearly states that the proposed regulation is unlikely to lead to expenditures surpassing $100 million, the financial implications for various stakeholders, particularly smaller entities operating within the regulated navigation area, remain inadequately clarified. Understanding how financial concerns will be factored into final decisions and clarifying the thresholds for significant economic impact could improve transparency and provide reassurance to potentially affected parties.