Safety Zone; Port Huron Float Down, St. Clair River, Port Huron, MI, 34303-34306 [2019-15282]
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Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Rules and Regulations
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.
khammond on DSKBBV9HB2PROD with RULES
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.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 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 lasting only one hour and thirty
minutes that will prohibit the entry of
vessels and persons within a 420-foot
radius of the entrance to Green Turtle
Bay Resort at mile marker 31.5 on the
Cumberland River in Grand Rivers, KY.
It is categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1. 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:
(b) Enforcement period. This section
will be enforced from 8:15 p.m. through
9:45 p.m. on August 17, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23,
entry into this zone is prohibited unless
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a
designated representative.
(2) Persons or vessels desiring to enter
into or pass through the zone must
request permission from the COTP or a
designated representative. They may be
contacted on VHF–FM Channel 16 or by
phone at 502–779–5400.
(3) If permission is granted, all
persons and vessels must transit at their
slowest safe speed and comply with all
lawful directions issued by the COTP or
a designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcast notices to mariners of any
changes in the planned schedule.
Dated: July 12, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2019–15272 Filed 7–17–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0567]
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 18, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0567 in the ‘‘SEARCH’’ box and click
SUMMARY:
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; 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.T08–0514 to read as
follows:
■
§ 165.T08–0514 Safety Zone; Cumberland
River, Grand Rivers, KY.
(a) Location. The safety zone will
cover all navigable waters of the
Cumberland River at mile marker 31.5
within a 420-foot radius from the
fireworks launch site on the Green
Turtle Bay Resort in Grand Rivers, KY.
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‘‘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:
I. Table of Abbreviations
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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
II. Background Information and
Regulatory History
During the afternoon of August 18,
2019, 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 2019
float down event will occur between
approximately 12 p.m. and 8 p.m. on
August 18, 2019. 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
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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. Moreover,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable and contrary to the
public interest because it would inhibit
the Coast Guard’s ability to protect the
public and vessels from the hazards
associated with the float down event.
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 the float down poses
significant risk to public safety and
property from 12 p.m. through 8 p.m. on
August 18, 2019. 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. through 8 p.m. on August
18, 2019. 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
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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 or her 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 or
her 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.
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 18, 2019. 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
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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).
khammond on DSKBBV9HB2PROD with RULES
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.
VerDate Sep<11>2014
15:57 Jul 17, 2019
Jkt 247001
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 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 lasting eight hours that will
prohibit entry into a designated area. It
is categorically excluded from further
review under paragraph L[60](a) in
Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. 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.
PO 00000
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34305
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: 46 U.S.C. 70034, 70051; 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.T09–0567 to read as
follows:
■
§ 165.T09–0567 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
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) will be
in enforced from 12 p.m. through 8 p.m.
on August 18, 2019.
(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 or her on-scene
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or his or her onscene 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 or her behalf.
(4) Vessel operators shall contact the
COTP or his or her on-scene
representative to obtain permission to
enter or operate within the safety zone.
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The COTP or his or her 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 or her on-scene
representative.
Dated: July 8, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 49 and 52
[EPA–R10–OAR–2017–0347; FRL–9996–67–
Region 10]
Indian Country: Air Quality Planning
and Management; Federal
Implementation Plan for the Kalispel
Indian Community of the Kalispel
Reservation, Washington;
Redesignation to a PSD Class I Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In this final rule, the
Environmental Protection Agency (EPA)
is approving the May 11, 2017 proposal
by the Kalispel Indian Community of
the Kalispel Reservation (herein referred
to as the Kalispel Tribe of Indians or
Kalispel Tribe) to redesignate lands
within the exterior boundaries of the
Kalispel Indian Reservation located in
the State of Washington to Class I under
the Clean Air Act (Act or CAA) program
for the prevention of significant
deterioration (PSD) of air quality.
Redesignation to Class I will result in
lowering the allowable increases in
ambient concentrations of particulate
matter (PM), sulfur dioxide (SO2), and
nitrogen oxides (NOX) on the Kalispel
Indian Reservation. Concurrently, the
EPA is codifying the redesignation
through a revision to the Federal
Implementation Plan (FIP) currently in
place for the Kalispel Indian
Reservation. This FIP will be
implemented by the EPA unless or until
it is replaced by a Tribal
Implementation Plan (TIP).
DATES: This final rule is effective on
August 19, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2017–0347. All
documents in the docket are listed on
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Sandra Brozusky at (206) 553–5317, or
brozusky.sandra@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
V. Statutory Authority
BILLING CODE 9110–04–P
VerDate Sep<11>2014
FOR FURTHER INFORMATION CONTACT:
Table of Contents
[FR Doc. 2019–15282 Filed 7–17–19; 8:45 am]
SUMMARY:
the https://www.regulations.gov
website.
I. Background
Title 1, part C of the CAA contains the
PSD program. The intent of this part is
to prevent deterioration of existing air
quality in areas having relatively clean
air, i.e. areas meeting the National
Ambient Air Quality Standards
(NAAQS). The Act provides for three
classifications applicable to all lands of
the United States: Class I, Class II, and
Class III. Associated with each
classification are increments which
represent the increase in air pollutant
concentrations that would be
considered significant. PSD Class I
allows the least amount of deterioration
of existing air quality. PSD Class II
allows a moderate amount of
deterioration, while PSD Class III allows
the greatest amount of deterioration.
Under the 1977 Amendments to the
Clean Air Act, all areas of the country
that met the NAAQS were initially
designated as Class II, except for certain
international parks, wilderness areas,
national memorial parks and national
parks, which were designated as Class I
along with any other areas previously
designated Class I. The Act allows states
and Indian governing bodies to
redesignate areas under their
jurisdiction to PSD Class I or PSD Class
III ‘‘to accommodate the social,
economic, and environmental needs and
desires of the local population.’’
Arizona v. EPA, 151 F.3d 1205, 1208
(9th Cir. 1998).
On May 11, 2017, the Kalispel Tribe
submitted to the EPA an official
proposal to redesignate the original
Kalispel Reservation from Class II to
Class I. The original Kalispel
Reservation was established by
Executive Order No. 1904, signed by
President Woodrow Wilson on March
23, 1914. A copy of this Executive Order
is included in the docket for this action.
The Kalispel Tribe submitted a
supplement to the official proposal on
July 13, 2017. The Kalispel Reservation
is located in the State of Washington.
The Kalispel Tribe’s proposal and
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supplement included an analysis of the
impacts of the redesignation within and
outside of the proposed Class I area,
documentation of the delivery and
publication of appropriate notices, a
record of the public hearing held on
April 10, 2017, and comments received
by the Kalispel Tribe on the proposed
redesignation. EPA proposed to approve
the Kalispel Tribe’s proposal to
redesignate the original Kalispel
Reservation to a Class I area on October
31, 2018. (83 FR 54691). An explanation
of the requirements for a redesignation
and how the Kalispel Tribe complied
with those requirements was provided
in the notice of proposed rulemaking
and will not be restated here.
The public comment period for this
proposed action was open October 31,
2019 through December 14, 2018 and
reopened February 5, 2019 through
February 20, 2019. EPA held a public
hearing on the proposed action on
December 6, 2018 in Newport,
Washington. During this hearing, 16
members of the public provided verbal
comments. Of the 16 verbal
commenters, 15 supported EPA’s
proposed approval of the Kalispel
Tribe’s redesignation, while one
commenter expressed interest in
establishing air quality monitoring
stations in Pend Oreille County. This
comment was determined to be
unrelated to this action and no further
discussion is provided below.
Documentation of these comments is
included in the docket for this action.
II. Response to Comments
EPA received comments from 164
parties on the proposed approval of the
Kalispel Tribe redesignation request. Of
the 164, 137 commenters supported
EPA’s proposed action, while 17
opposed EPA’s proposed action. The
remaining ten comments were either
unrelated to EPA’s proposed approval of
the Kalispel Tribe’s redesignation
request or did not recommend EPA take
a position on the redesignation request.
In particular, several commenters
expressed opposition to the proposed
construction of a silicon smelter in
Newport, Washington. However, the
potential silicon smelter is unrelated to
EPA’s proposed approval of the Kalispel
Tribe’s redesignation request. In
addition, one commenter provided
information on the air quality
monitoring needs in Pend Oreille
County, but did not connect this
information with EPA’s proposed
approval of the Kalispel Tribe’s request.
EPA has considered all the relevant
comments received. Within this section,
we have summarized the adverse
comments and provided our responses.
E:\FR\FM\18JYR1.SGM
18JYR1
]]>Agencies
[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Rules and Regulations]
[Pages 34303-34306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15282]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2019-0567]
RIN 1625-AA00
Safety Zone; Port Huron Float Down, St. Clair River, Port Huron,
MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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 18, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0567 in the ``SEARCH'' box and click
[[Page 34304]]
``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 18, 2019, 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 2019 float down event will occur between
approximately 12 p.m. and 8 p.m. on August 18, 2019. 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.
Moreover, delaying the effective date of this rule to wait for a
comment period to run would be impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
the public and vessels from the hazards associated with the float down
event.
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 the float down poses significant risk to public
safety and property from 12 p.m. through 8 p.m. on August 18, 2019. 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. through 8 p.m. on
August 18, 2019. 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 or her 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 or her 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.
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 18, 2019. 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
[[Page 34305]]
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 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 lasting eight hours that
will prohibit entry into a designated area. It is categorically
excluded from further review under paragraph L[60](a) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1.
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: 46 U.S.C. 70034, 70051; 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.T09-0567 to read as follows:
Sec. 165.T09-0567 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 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) will be in enforced from 12 p.m. through 8 p.m. on August 18, 2019.
(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 or her on-scene
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or his or her 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 or her behalf.
(4) Vessel operators shall contact the COTP or his or her on-scene
representative to obtain permission to enter or operate within the
safety zone.
[[Page 34306]]
The COTP or his or her 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 or her on-scene representative.
Dated: July 8, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-15282 Filed 7-17-19; 8:45 am]
BILLING CODE 9110-04-P
