Safety Zone; Port Huron Float Down, St. Clair River, Port Huron, MI, 34768-34770 [2018-15671]
Download as PDF
<![CDATA[
34768
Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0669]
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 during a float down event near
Port Huron, MI.
DATES: This temporary final rule is
effective from 12 p.m. through 8 p.m. on
August 19, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0669 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 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:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Detroit
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
amozie on DSK3GDR082PROD with RULES
II. Background Information and
Regulatory History
During the afternoon of August 19,
2018, 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 2018
float down event will occur between
approximately 12 p.m. and 8 p.m. on
August 19, 2018. This non-sanctioned
VerDate Sep<11>2014
16:12 Jul 20, 2018
Jkt 244001
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 5,000 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, necessitating
significant coordination with the
Canadian authorities. Despite these
events, promotional information for the
event continues to be published. More
than 5,000 people are again anticipated
to float down the river this year. No
public or private organization holds
themselves responsible as the event
sponsor.
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 in time to
publish an NPRM. As such, it is
impracticable to publish an NPRM
because we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing the rule.
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 inhibit the Coast
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Guard’s ability to protect participants,
mariners and vessels from the hazards
associated with this event.
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 Port Detroit (COTP) has
determined the float down poses
significant risk to public safety and
property from 12 p.m. to 8 p.m. on
August 19, 2018. 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 19,
2018. 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;
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). No vessel or person will be
permitted to enter the safety zone
without obtaining permission from 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. The COTP or his onscene representative may be contacted
via VHF Channel 16.
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.
E:\FR\FM\23JYR1.SGM
23JYR1
Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations
amozie on DSK3GDR082PROD with RULES
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, 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 small designated area of
the St. Clair River from 12 p.m. until 8
p.m. on August 19, 2018. Moreover, the
Coast Guard will issue Broadcast Notice
to Mariners (BNM) via VHF–FM marine
channel 16 about the zone and the rule
allows vessels to seek permission to
enter the 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 contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
VerDate Sep<11>2014
16:12 Jul 20, 2018
Jkt 244001
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 an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
34769
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, 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 that will
prohibit entry into a designated area. 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. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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 recordkeeping
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.T09–0669 to read as
follows:
■
§ 165.T09–0669 Safety Zone; Port Huron
Float Down, St. Clair River, Port Huron, MI.
(a) Location. A safety zone is
established to include 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
E:\FR\FM\23JYR1.SGM
23JYR1
34770
Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations
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. shoreline
to the point of origin (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) of this
section will be in enforced from 12 p.m.
through 8 p.m. August 19, 2018.
(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 (COTP), or his on-scene
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
COTP 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
COTP or his on-scene representative to
obtain permission to enter or operate
within the safety zone. The COTP or his
on-scene representative may be
contacted via VHF Channel 16 or at
(313) 568–9560. Vessel operators given
permission to enter or operate in the
regulated area must comply with all
directions given to them by the COTP or
his on-scene representative.
Dated: July 17, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2018–15671 Filed 7–20–18; 8:45 am]
I. Table of Abbreviations
BILLING CODE 9110–04–P
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of proposed rulemaking
RNA Regulated Navigation Area
§ Section
U.S.C. United States Code
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0523]
amozie on DSK3GDR082PROD with RULES
RIN 1625–AA00; 1625–AA11
Regulated Navigation Area and Safety
Zone, Harlem River and Hudson River,
Manhattan, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is revising a
previously established temporary
regulated navigation area and safety
SUMMARY:
VerDate Sep<11>2014
16:12 Jul 20, 2018
Jkt 244001
zone for waters of the Harlem and
Hudson Rivers in the vicinity of the
Amtrak Spuyten Duyvil Railroad Bridge
at mile 7.9 over the Harlem River. The
regulated navigation area and safety
zone protect personnel, vessels, and the
marine environment from potential
hazards created by the reinstallation of
the swing span portion of the Spuyten
Duyvil Railroad Bridge. During heavy
lift operations vessels transiting the
Hudson River must abide by the
established speed restrictions to
eliminate vessel wake. During heavy lift
operations entry of vessels or persons
into this safety zone is prohibited unless
specifically authorized by the First
District Commander or a designated
representative.
DATES: This rule is effective without
actual notice from July 23, 2018 through
September 30, 2018. For the purposes of
enforcement, actual notice will be used
from July 15, 2018 through July 23,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0523 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 Mr. Craig Lapiejko, Waterways
Management, First Coast Guard District;
telephone (617) 223–8351, email
Craig.D.Lapiejko@uscg.mil. You may
also call or email Mr. Jeff Yunker,
Waterways Management Division, U.S.
Coast Guard Sector New York,
telephone (718) 354–4195, email
Jeff.M.Yunker@uscg.mil.
SUPPLEMENTARY INFORMATION:
II. Background Information and
Regulatory History
On May 1, 2018, Amtrak sent the U.S.
Coast Guard a letter describing work it
would be conducting to remove and
replace the moveable portion of the
Spuyten Duyvil Railroad Bridge over the
Harlem River at mile 7.9. On May 7,
2018, the U.S. Coast Guard District One
Bridge Administration notified Amtrak,
the bridge owner, that it had no
objections to the proposed project.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
From May 27 to September 29, 2018,
Amtrak will be repairing the Spuyten
Duyvil Railroad Bridge. This repair
project consists of two phases, removal
and reinstallation, of the swing span of
the bridge. On June 22, 2018, the Coast
Guard issued a temporary final rule
establishing a regulated navigation area
and safety zone that covered both of
these phases, 83 FR 29007. On June 26,
2018 the Coast Guard received
notification from the repair project
contractor that the reinstallation of the
swing span of the bridge is potentially
delayed and will be conducted over a
three-day period between July 15, 2018
and August 4, 2018. As a result the
Coast Guard is revising this rule so that
the regulated navigation area and safety
zone covers the entire three week
reinstallation phase that remains to be
completed.
During the installation of the swing
span a barge and support vessels will be
staged near the bridge. The swing span
will be lifted from a support barge by a
heavy lift crane barge and installed. The
preparation for and reinstallation of the
swing span will take approximately 72
hours. Amtrak anticipates this work will
be conducted over a three-day period
between July 15, 2018 and August 4,
2018.
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 the
schedule for the reinstallation of the
swing span was only recently finalized
and provided to the Coast Guard, and
timely action is needed to respond to
the potential safety hazards associated
with this bridge project. The schedule
for the repairs and notification to the
Coast Guard was delayed by the late
finalization of project details, including
coordinating the heavy lift operations
with the schedules of known waterway
users, and writing a Maintenance of
Waterway Traffic Plan. It is
impracticable and contrary to the public
interest to publish an NPRM because we
must establish this RNA and safety zone
by July 15, 2018, to allow for timely
repairs to the bridge’s swing span and
promote the safety of the public.
E:\FR\FM\23JYR1.SGM
23JYR1
]]>Agencies
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Rules and Regulations]
[Pages 34768-34770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15671]
[[Page 34768]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-0669]
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 during a float down event near
Port Huron, MI.
DATES: This temporary final rule is effective from 12 p.m. through 8
p.m. on August 19, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0669 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
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone 313-568-9564, or email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Detroit
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 19, 2018, 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 2018 float down event will occur between
approximately 12 p.m. and 8 p.m. on August 19, 2018. This non-
sanctioned 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 5,000
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, necessitating significant coordination with the Canadian
authorities. Despite these events, promotional information for the
event continues to be published. More than 5,000 people are again
anticipated to float down the river this year. No public or private
organization holds themselves responsible as the event sponsor.
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
in time to publish an NPRM. As such, it is impracticable to publish an
NPRM because we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule.
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 inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.
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 Port Detroit (COTP) has determined the float
down poses significant risk to public safety and property from 12 p.m.
to 8 p.m. on August 19, 2018. 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 19, 2018. 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). No vessel or person will be permitted to
enter the safety zone without obtaining permission from 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. The COTP or his on-scene
representative may be contacted via VHF Channel 16.
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.
[[Page 34769]]
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, 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 small designated area of the St. Clair River from 12 p.m.
until 8 p.m. on August 19, 2018. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 16 about
the zone and the rule allows vessels to seek permission to enter the
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
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 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 and Commandant Instruction M16475.1D, 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 that will prohibit entry into a
designated area. 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. 01. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.
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
recordkeeping 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.T09-0669 to read as follows:
Sec. 165.T09-0669 Safety Zone; Port Huron Float Down, St. Clair
River, Port Huron, MI.
(a) Location. A safety zone is established to include 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
[[Page 34770]]
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).
(b) Enforcement period. The regulated area described in paragraph
(a) of this section will be in enforced from 12 p.m. through 8 p.m.
August 19, 2018.
(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 (COTP), or his on-scene representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or his on-scene representative.
(3) The ``on-scene representative'' of COTP 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 COTP or his on-scene
representative to obtain permission to enter or operate within the
safety zone. The COTP or his on-scene representative may be contacted
via VHF Channel 16 or at (313) 568-9560. Vessel operators given
permission to enter or operate in the regulated area must comply with
all directions given to them by the COTP or his on-scene
representative.
Dated: July 17, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-15671 Filed 7-20-18; 8:45 am]
BILLING CODE 9110-04-P
