Safety Zone; Port Huron Float-Down, St. Clair River, Port Huron, MI, 39020-39023 [2017-17386]

Download as PDF 39020 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations visiting Mar-a-Lago. This deviation allows the Flagler Memorial and Royal Park bridges to open once an hour during a 4 hour period on weekdays when the President is staying at Mar-aLago, and the Southern Boulevard Bridge to remain closed to navigation when the presidential motorcade is in transit. This deviation is effective from September 1, 2017, until February 27, 2018. Comments and related material must reach the Coast Guard on or before October 16, 2017. ADDRESSES: You may submit comments identified by docket number USCG– 2017–0273 using Federal eRulemaking Portal at https://www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. DATES: If you have questions on this temporary deviation, call or email Mr. Eddie Lawrence with the Seventh Coast Guard District Bridge Office; telephone 305– 415–6946, email Eddie.H.Lawrence@ uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with RULES I. Background, Purpose and Legal Basis When the President of the United States, members of the First Family, or other persons under the protection of the Secret Service are present or expected to be present at Mar-a-Lago, traffic backups have been caused by drawbridge openings in the Palm Beach area. The increase in traffic occurs due to the closure of Southern Boulevard when the President is visiting Mar-aLago. This requires through traffic to use the Flagler Memorial and Royal Park Bridges to cross the Atlantic Intracoastal Waterway (AICW). Due to the increased traffic using the Flagler Memorial and Royal Park bridges when the President is in town, the Mayor of Palm Beach has asked the Coast Guard and the bridge owner, Florida Department of Transportation, to test a change to the operating regulations of those bridges. During this temporary deviation, the Flagler Memorial and Royal Park Bridges will only be required to open once an hour, on the quarter and half hour, respectively, starting at 2:15 p.m. through 5:30 p.m. during the weekdays only. The Flagler memorial Bridge will open at 2:15 p.m., 3:15 p.m., 4:15 p.m. and 5:15 p.m., weekdays, if vessels are requesting an opening. The Royal Park (Middle) Bridge will open at 2:30 p.m., 3:30 p.m., 4:30 p.m. and 5:30 p.m., VerDate Sep<11>2014 16:53 Aug 16, 2017 Jkt 241001 weekdays, if vessels are requesting an opening. The operating schedule of the Southern Boulevard Bridge, which is closest to Mar-a-Lago and also crosses the AICW, will not be affected during the aforementioned times. However it will be allowed to remain closed whenever the presidential motorcade is in transit. At all other times all three bridges will operate per their normal schedules. The current operating regulation is under 33 CFR 117.261 at paragraphs (u), (v), and (w), respectively. This general deviation will have an impact on marine traffic while alleviating some vehicle traffic backups. Tugs with tows are not exempt from this regulation. The Coast Guard will inform waterway users of the schedule changes through our Local and Broadcast Notices to Mariners, so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. Mariners should also listen to local news organizations to determine when the President, members of the First Family, or other persons under the protection of the Secret Service are visiting Mar-a-Largo. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. The Coast Guard will continue to evaluate the impact to mariners navigating this area during the closure periods and is requesting comments be submitted during the first 60 days of this deviation. Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will be able to open for emergencies. II. 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. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this notice, and all public comments, are in our online docket at https:// www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. Barry Dragon, Director, Bridge Branch, Seventh Coast Guard District. [FR Doc. 2017–17387 Filed 8–16–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2017–0764] RIN 1625–AA00 Safety Zone; Port Huron Float-Down, St. Clair River, Port Huron, MI Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the waters of the St. Clair River in the vicinity of Port Huron, MI. This zone is intended to restrict and control movement of vessels in a portion of the St. Clair River. Though this is an unsanctioned, non-permitted marine event, this zone is necessary to provide for the safety of life on the navigable waters near Port Huron, MI, during a float down event. DATES: This temporary final rule is effective from 12 p.m. through 8 p.m. August 20, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0764 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket SUMMARY: E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 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 sradovich on DSK3GMQ082PROD with RULES 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 During the afternoon of August 20, 2017, a non-sanctioned public event is scheduled to take place. The event is advertised over various social-media sites, in which a large number of persons float down a segment of the St. Clair River, using inner tubes and other similar floatation devices. The 2017 Float-Down event will occur between approximately 12 p.m. and 8 p.m. on August 20, 2017. This event has taken place in the month of August annually since 2009. No private or municipal entity requested a marine event permit from the Coast Guard for this event, and it has not received state or federal permits since its inception. The event has drawn over 3,000 participants of various ages annually. Despite plans put together by federal, state and local officials, emergency responders and law enforcement officials have been overburdened pursuing safety during this event. Medical emergencies, people drifting across the international border, and people trespassing on residential property when trying to get out of the water before the designated finish line are some of the numerous difficulties encountered during the Float-Down event. During the 2014 Float-Down event, a 19-year-old participant died. During the 2016 float down, a wind shift caused thousands of U.S. citizen rafters with no passports to drift into Canadian waters. The current and wind made it impossible for the rafters to paddle back into U.S. waters, causing significant coordination with the Canadian authorities. Despite these events, promotional information for the event continues to be published. More than 3,000 people are again anticipated to float down the river this year. No public or private organization holds themselves responsible as the event sponsor. Therefore, the Coast Guard does not VerDate Sep<11>2014 16:53 Aug 16, 2017 Jkt 241001 receive full and final details regarding the event or the number of participants until the time of the event. 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 float down event until there was insufficient time remaining before the event to publish an NPRM. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable. III. Legal Authority and Need for Rule The legal basis for the rule is the Coast Guard’s authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05–1, 160.5; Department of Homeland Security Delegation No. 0170.1. The Captain of the Port Detroit (COTP) determined the float down poses significant risk to public safety and property. The likely combination of large numbers of participants, strong river currents, limited rescue resources, and difficult emergency response scenarios could easily result in serious injuries or fatalities to Float-Down participants and spectators. Therefore, the COTP is establishing a safety zone 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 safety zone from 12 p.m. to 8 p.m. on August 20, 2017. The safety zone will begin at Lighthouse Beach and encompass all U.S. waters of the St. Clair River bound by a line starting at a point on land north of Coast Guard Station Port Huron at position 43°00.416′ N.; 082°25.333′ W., extending east to the international boundary to a point at position 43°00.416′ N.; 082°25.033′ W., following south along the international boundary to a point at position 42°54.500′ N.; PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 39021 082°27.683′ W., extending west to a point on land just north of Stag Island at position 42°54.500′ N.; 082°27.966′ W., and following north along the U.S. shoreline to the point of origin (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the COTP or a designated representative. Vessel operators must contact the COTP or his on-scene representative to obtain permission to transit through this safety zone. Additionally, no one under the age of 18 will be permitted to enter the safety zone if they are not wearing a Coast Guard-approved Personal Floatation Device (PFD). The COTP or his on-scene representative may be contacted via VHF Channel 16. 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 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 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (‘‘Reducing Regulation and Controlling Regulatory Costs’’), directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process. 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. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB’s Memorandum titled ‘‘Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled ‘Reducing E:\FR\FM\17AUR1.SGM 17AUR1 39022 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES Regulation and Controlling Regulatory Costs’ ’’ (February 2, 2017). We conclude that this rule is not a significant regulatory action. This regulatory action determination is based on the size, location, duration, and timeof-year of the safety zone. Vessel traffic will not be able to safely transit around this safety zone which will impact a designated area of the St. Clair River from 12 p.m. thru 8 p.m. on August 20, 2017. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone so vessel owners and operators can plan accordingly. 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 the Regulatory Planning and Review section 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 (Public Law 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 VerDate Sep<11>2014 16:53 Aug 16, 2017 Jkt 241001 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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 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 Management Directive 023–01 and Commandant Instruction M16475.lD, 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 environment. This rule involves a safety zone lasting eight hours on August 20, 2017 that will prohibit entry within the 7 mile portion of St. Clair River. It is categorically excluded under section 2.B.2, figure 2–1, paragraph 34(g) of the Instruction. A Record of Environmental Consideration (REC) supporting this determination is available in the docket where indicated in the ADDRESSES section of this preamble. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. 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 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T09–0764 to read as follows: ■ § 165.T09–0764 Safety Zone; Port Huron Float-Down, St. Clair River, Port Huron, MI. (a) Location. The following area is a temporary safety zone: all U.S. navigable waters of southern Lake Huron and the St. Clair River adjacent to Port Huron, MI, beginning at Lighthouse Beach and encompassing all U.S. waters of the St. Clair River bound by a line starting at a point on land north of Coast Guard Station Port Huron at position 43°00.416′ N.; 082°25.333′ W., extending east to the international boundary to a point at position 43°00.416′ N.; 082°25.033′ W., following south along the international boundary to a point at position 42°54.500′ N.; 082°27.683′ W., extending west to a point on land just north of Stag Island at position 42°54.500′ N.; 082°27.966′ W., and following north along the U.S. E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations shoreline to the point of origin (NAD 83). (b) Enforcement period. The regulated area described in paragraph (a) will be enforced from 12 p.m. through 8 p.m. on August 20, 2017. (c) Regulations. (1) No vessel or person may enter, transit through, or anchor within the safety zone unless authorized by the Captain of the Port Detroit, or his on-scene representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Detroit or his on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port 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. (4) Vessel operators shall contact the Captain of the Port Detroit or his onscene representative to obtain permission to enter or operate within the safety zone. The Captain of the Port Detroit or his on-scene representative may be contacted via VHF Channel 16 or at 313–568–9464. Vessel operators given permission to enter or operate in the regulated area must comply with all directions given to them by the Captain of the Port Detroit or his on-scene representative. Dated: August 10, 2017. Jeffrey W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2017–17386 Filed 8–16–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [USCG–2017–0789; 1625–AA00] Safety Zone; St. Marys River, Sault Ste. Marie, MI Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters within a 200-yard radius of the position of the grounded vessel, M/V CALUMET on the north end of Sugar Island. The safety zone is needed to provide for the safety of life and property on the navigable waters during emergency salvage operations onboard a bulk carrier that ran aground. Entry of vessels or persons into this zone is prohibited unless specifically sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:53 Aug 16, 2017 Jkt 241001 authorized by the Captain of the Port, Sault Ste. Marie. DATES: This rule is effective with actual notice from August 10, 2017 until August 17, 2017. This rule is effective without actual notice on August 17, 2017. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0789 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 LTJG Sean V. Murphy, Waterways Management Chief, Sector Sault Ste. Marie, U.S. Coast Guard; telephone 906– 635–3223, email Sean.V.Murphy@ uscg.mil. ADDRESSES: 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 M/V Motor Vessel 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 M/V CALUMET ran aground on the north side of Sugar Island in the St. Marys River on the night of 09 August 2017 and immediate action is needed to investigate the incident and respond to the potential safety hazards associated with salvage of the vessel. It is impracticable to publish an NPRM because the Coast Guard must establish this safety zone by 10 August 2017. 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 39023 because immediate action is needed to investigate the incident and respond to the potential safety hazards associated with emergency salvage operations of M/V CALUMET. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Sault Ste. Marie (COTP) has determined that potential hazards associated with emergency salvage operations starting 10 August 2017 will be a safety concern for anyone within a 200-yard radius of the aground vessel in position 46–29.3N 084–18.1W. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the incident is investigated and the vessel is salvaged. IV. Discussion of the Rule This rule establishes a safety zone from August 10, 2017 to August 17, 2017. The safety zone will cover all navigable waters within 200 yards of the aground M/V CALUMET in position 46– 29.3N 084–18.1W. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the incident is investigated and the vessel is salvaged. 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. 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, and limited duration of the safety zone. We conclude that this rule is not a E:\FR\FM\17AUR1.SGM 17AUR1

Agencies

[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39020-39023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17386]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0764]
RIN 1625-AA00


Safety Zone; Port Huron Float-Down, St. Clair River, Port Huron, 
MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the St. Clair River in the vicinity of Port Huron, MI. This 
zone is intended to restrict and control movement of vessels in a 
portion of the St. Clair River. Though this is an unsanctioned, non-
permitted marine event, this zone is necessary to provide for the 
safety of life on the navigable waters near Port Huron, MI, during a 
float down event.

DATES: This temporary final rule is effective from 12 p.m. through 8 
p.m. August 20, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0764 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket

[[Page 39021]]

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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    During the afternoon of August 20, 2017, a non-sanctioned public 
event is scheduled to take place. The event is advertised over various 
social-media sites, in which a large number of persons float down a 
segment of the St. Clair River, using inner tubes and other similar 
floatation devices. The 2017 Float-Down event will occur between 
approximately 12 p.m. and 8 p.m. on August 20, 2017. This event has 
taken place in the month of August annually since 2009.
    No private or municipal entity requested a marine event permit from 
the Coast Guard for this event, and it has not received state or 
federal permits since its inception. The event has drawn over 3,000 
participants of various ages annually. Despite plans put together by 
federal, state and local officials, emergency responders and law 
enforcement officials have been overburdened pursuing safety during 
this event. Medical emergencies, people drifting across the 
international border, and people trespassing on residential property 
when trying to get out of the water before the designated finish line 
are some of the numerous difficulties encountered during the Float-Down 
event.
    During the 2014 Float-Down event, a 19-year-old participant died. 
During the 2016 float down, a wind shift caused thousands of U.S. 
citizen rafters with no passports to drift into Canadian waters. The 
current and wind made it impossible for the rafters to paddle back into 
U.S. waters, causing significant coordination with the Canadian 
authorities. Despite these events, promotional information for the 
event continues to be published. More than 3,000 people are again 
anticipated to float down the river this year. No public or private 
organization holds themselves responsible as the event sponsor. 
Therefore, the Coast Guard does not receive full and final details 
regarding the event or the number of participants until the time of the 
event.
    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 float down event 
until there was insufficient time remaining before the event to publish 
an NPRM.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this temporary rule 
effective less than 30 days after publication in the Federal Register. 
For the same reasons discussed in the preceding paragraph, waiting for 
a 30 day notice period to run would be impracticable.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1. The Captain of 
the Port Detroit (COTP) determined the float down poses significant 
risk to public safety and property. The likely combination of large 
numbers of participants, strong river currents, limited rescue 
resources, and difficult emergency response scenarios could easily 
result in serious injuries or fatalities to Float-Down participants and 
spectators. Therefore, the COTP is establishing a safety zone 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 safety zone from 12 p.m. to 8 p.m. on 
August 20, 2017. The safety zone will begin at Lighthouse Beach and 
encompass all U.S. waters of the St. Clair River bound by a line 
starting at a point on land north of Coast Guard Station Port Huron at 
position 43[deg]00.416' N.; 082[deg]25.333' W., extending east to the 
international boundary to a point at position 43[deg]00.416' N.; 
082[deg]25.033' W., following south along the international boundary to 
a point at position 42[deg]54.500' N.; 082[deg]27.683' W., extending 
west to a point on land just north of Stag Island at position 
42[deg]54.500' N.; 082[deg]27.966' W., and following north along the 
U.S. shoreline to the point of origin (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP or a designated 
representative. Vessel operators must contact the COTP or his on-scene 
representative to obtain permission to transit through this safety 
zone. Additionally, no one under the age of 18 will be permitted to 
enter the safety zone if they are not wearing a Coast Guard-approved 
Personal Floatation Device (PFD). The COTP or his on-scene 
representative may be contacted via VHF Channel 16.
    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 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process. 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.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing

[[Page 39022]]

Regulation and Controlling Regulatory Costs' '' (February 2, 2017).
    We conclude that this rule is not a significant regulatory action. 
This regulatory action determination is based on the size, location, 
duration, and time-of-year of the safety zone. Vessel traffic will not 
be able to safely transit around this safety zone which will impact a 
designated area of the St. Clair River from 12 p.m. thru 8 p.m. on 
August 20, 2017. Moreover, the Coast Guard will issue Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the zone so vessel 
owners and operators can plan accordingly.

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 the 
Regulatory Planning and Review section 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 (Public Law 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 lasting eight hours on August 20, 2017 that 
will prohibit entry within the 7 mile portion of St. Clair River. It is 
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(g) 
of the Instruction. A Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated in the ADDRESSES section of this preamble. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

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 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T09-0764 to read as follows:


Sec.  165.T09-0764  Safety Zone; Port Huron Float-Down, St. Clair 
River, Port Huron, MI.

    (a) Location. The following area is a temporary safety zone: all 
U.S. navigable waters of southern Lake Huron and the St. Clair River 
adjacent to Port Huron, MI, beginning at Lighthouse Beach and 
encompassing all U.S. waters of the St. Clair River bound by a line 
starting at a point on land north of Coast Guard Station Port Huron at 
position 43[deg]00.416' N.; 082[deg]25.333' W., extending east to the 
international boundary to a point at position 43[deg]00.416' N.; 
082[deg]25.033' W., following south along the international boundary to 
a point at position 42[deg]54.500' N.; 082[deg]27.683' W., extending 
west to a point on land just north of Stag Island at position 
42[deg]54.500' N.; 082[deg]27.966' W., and following north along the 
U.S.

[[Page 39023]]

shoreline to the point of origin (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph 
(a) will be enforced from 12 p.m. through 8 p.m. on August 20, 2017.
    (c) Regulations. (1) No vessel or person may enter, transit 
through, or anchor within the safety zone unless authorized by the 
Captain of the Port Detroit, or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
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.
    (4) Vessel operators shall contact the Captain of the Port Detroit 
or his on-scene representative to obtain permission to enter or operate 
within the safety zone. The Captain of the Port Detroit or his on-scene 
representative may be contacted via VHF Channel 16 or at 313-568-9464. 
Vessel operators given permission to enter or operate in the regulated 
area must comply with all directions given to them by the Captain of 
the Port Detroit or his on-scene representative.

    Dated: August 10, 2017.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-17386 Filed 8-16-17; 8:45 am]
 BILLING CODE 9110-04-P
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