9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0519]
RIN 1625-AA00
Safety Zone; Trenton DTE Boiler Demolition, Trenton, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable
waters within a 1000 foot radius of the Trenton DTE boiler. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential hazards created by
boiler demolition. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Detroit.
DATES: This rule is in effective from 5:45 a.m. on June 21, 2024, through 8 a.m. on
June 22, 2024. The safety zone will be enforced from 5:45 a.m. through 8 a.m. on June
21, 2024. In the case of inclement weather on June 21, 2024, this safety zone will be
enforced from 5:45 a.m. through 8 a.m. on June 22, 2024.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0519 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 rule,
call or email Tracy Girard, Waterways Management, CG Sector Detroit, Coast Guard;
telephone (571) 607-7807-6044, email Tracy.m.girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations

CFR
COTP
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Captain of the Port Detroit
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
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 the
party conducting the work notified the Coast Guard with insufficient time to
accommodate a comment period. It is impracticable to publish an NPRM because we
must establish this safety zone by June 21, 2024 in order to protect the public with the
hazards associated with this demolition project.
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 be impracticable because prompt action is
needed in order to protect the public with the hazards associated with this demolition
project.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The Captain of the Port Detroit (COTP) has determined
that potential hazards associated with the boiler demolition occurring between June 21
and June 22, will be a safety concern for anyone transiting near the Trenton DTE Power

plant on the Detroit River. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while the boiler is
being demolished.
IV. Discussion of the Rule
This rule is in effective from 5:45 a.m. on June 21, 2024, through 8 a.m. on June
22, 2024. The safety zone will be enforced from 5:45 a.m. through 8 a.m. on June 21,
2024. In the case of inclement weather on June 21, 2024, this safety zone will be
enforced from 5:45 a.m. through 8 a.m. on June 22, 2024.
The safety zone will cover all navigable waters a 1000 foot radius of the Trenton
DTE Boilers. The duration of the safety zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while the boilers are being
demolished. No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
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. 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).
This regulatory action determination is based on size, location, duration, and timeof-day of the safety zone.
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 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 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 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 a safety zone that

will prohibit entry into the waters of 1000 foot radius of the Trenton DTE boilers while it
is demolished. 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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters. Protesters are
asked to call or email 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 165
Harbors, Marine safety, Navigation (water), Reporting and record keeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part
165 as follows:
PART 165-- Regulated Navigation Areas and Limited Access Areas
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.
2. Add § 165.T09-0519 to read as follows:
§ 165.T09-0519 Safety Zone; Trenton DTE Boiler Demolition Detroit River,
Trenton, MI.
(a) Location. The following area is a safety zone: The safety zone will cover all
navigable waters within a 1000 foot radius of the Trenton DTE Boilers located at
42°07.273’N 83°10.750’W. All geographic coordinates are North American Datum of
1983 (NAD 83).

(b) Regulations. (1) In accordance with the general regulations in § 165.23 of
this part, entry into, transiting or anchoring within the safety zone described in paragraph
(a) of this section is prohibited unless authorized by the Captain of the Port Detroit, or his
or her designated representative.
(2) This safety zone is closed to all vessel traffic, except as may be permitted by
the Captain of the Port Detroit or his designated representative.
(3) The “designated representative” of the Captain of the Port Detroit is any
Coast Guard commissioned, warrant, or petty officer who has been designated by the
Captain of the Port Detroit to act on his behalf. The designated representative of the
Captain of the Port Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port Detroit or his designated representative may be contacted
via VHF Channel 16.
(4) Vessel operators desiring to enter or operate within the safety zone shall
contact the Captain of the Port Detroit or his designated representative to obtain
permission to do so at least 30 minutes prior to transit. Vessel operators given permission
to enter or operate in the safety zone must comply with all directions given to them by the
Captain of the Port Detroit or his designated representative.
(c) Enforcement periods. This section This rule is in effective from 5:45 a.m. on
June 21, 2024, through 8 a.m. on June 22, 2024. The safety zone will be enforced from
5:45 a.m. through 8 a.m. on June 21, 2024. In the case of inclement weather on June 21,
2024, this safety zone will be enforced from 5:45 a.m. through 8 a.m. on June 22, 2024.

Dated: June 10, 2024.

Richard P. Armstrong,
Captain, U.S.Coast Guard,
Captain of the Port Detroit.

[FR Doc. 2024-13253 Filed: 6/14/2024 8:45 am; Publication Date: 6/17/2024]