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 

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 http://

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: 

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 

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°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. 


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Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations 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 

■ 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 


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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] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0523] 

RIN 1625–AA00; 1625–AA11 

Regulated Navigation Area and Safety 

Zone, Harlem River and Hudson River, 

Manhattan, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is revising a 

previously established temporary 

regulated navigation area and safety 

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 http://

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: 

I. Table of Abbreviations 

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 

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. 

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. 


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