39020 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 

visiting Mar-a-Lago. This deviation 

allows the Flagler Memorial and Royal 

Park bridges to open once an hour 

during a 4 hour period on weekdays 

when the President is staying at Mar-aLago, and the Southern Boulevard 

Bridge to remain closed to navigation 

when the presidential motorcade is in 

transit. 

DATES: This deviation is effective from 

September 1, 2017, until February 27, 

2018. 

Comments and related material must 

reach the Coast Guard on or before 

October 16, 2017. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–0273 using Federal eRulemaking 

Portal at http://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Eddie 

Lawrence with the Seventh Coast Guard 

District Bridge Office; telephone 305– 

415–6946, email Eddie.H.Lawrence@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis 

When the President of the United 

States, members of the First Family, or 

other persons under the protection of 

the Secret Service are present or 

expected to be present at Mar-a-Lago, 

traffic backups have been caused by 

drawbridge openings in the Palm Beach 

area. The increase in traffic occurs due 

to the closure of Southern Boulevard 

when the President is visiting Mar-aLago. This requires through traffic to use 

the Flagler Memorial and Royal Park 

Bridges to cross the Atlantic Intracoastal 

Waterway (AICW). Due to the increased 

traffic using the Flagler Memorial and 

Royal Park bridges when the President 

is in town, the Mayor of Palm Beach has 

asked the Coast Guard and the bridge 

owner, Florida Department of 

Transportation, to test a change to the 

operating regulations of those bridges. 

During this temporary deviation, the 

Flagler Memorial and Royal Park 

Bridges will only be required to open 

once an hour, on the quarter and half 

hour, respectively, starting at 2:15 p.m. 

through 5:30 p.m. during the weekdays 

only. The Flagler memorial Bridge will 

open at 2:15 p.m., 3:15 p.m., 4:15 p.m. 

and 5:15 p.m., weekdays, if vessels are 

requesting an opening. The Royal Park 

(Middle) Bridge will open at 2:30 p.m., 

3:30 p.m., 4:30 p.m. and 5:30 p.m., 

weekdays, if vessels are requesting an 

opening. 

The operating schedule of the 

Southern Boulevard Bridge, which is 

closest to Mar-a-Lago and also crosses 

the AICW, will not be affected during 

the aforementioned times. However it 

will be allowed to remain closed 

whenever the presidential motorcade is 

in transit. At all other times all three 

bridges will operate per their normal 

schedules. The current operating 

regulation is under 33 CFR 117.261 at 

paragraphs (u), (v), and (w), 

respectively. 

This general deviation will have an 

impact on marine traffic while 

alleviating some vehicle traffic backups. 

Tugs with tows are not exempt from this 

regulation. 

The Coast Guard will inform 

waterway users of the schedule changes 

through our Local and Broadcast 

Notices to Mariners, so that vessel 

operators can arrange their transits to 

minimize any impact caused by the 

temporary deviation. Mariners should 

also listen to local news organizations to 

determine when the President, members 

of the First Family, or other persons 

under the protection of the Secret 

Service are visiting Mar-a-Largo. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. The 

Coast Guard will continue to evaluate 

the impact to mariners navigating this 

area during the closure periods and is 

requesting comments be submitted 

during the first 60 days of this 

deviation. 

Vessels able to pass through the 

bridge in the closed position may do so 

at anytime. The bridge will be able to 

open for emergencies. 

II. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, you may review a Privacy 

Act notice regarding the Federal Docket 

Management System in the March 24, 

2005, issue of the Federal Register (70 

FR 15086). Documents mentioned in 

this notice, and all public comments, 

are in our online docket at http://

www.regulations.gov and can be viewed 

by following that Web site’s 

instructions. Additionally, if you go to 

the online docket and sign up for email 

alerts, you will be notified when 

comments are posted or a final rule is 

published. 

Barry Dragon, 

Director, Bridge Branch, Seventh Coast Guard 

District. 

[FR Doc. 2017–17387 Filed 8–16–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2017–0764] 

RIN 1625–AA00 

Safety Zone; Port Huron Float-Down, 

St. Clair River, Port Huron, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of the St. Clair River in the 

vicinity of Port Huron, MI. This zone is 

intended to restrict and control 

movement of vessels in a portion of the 

St. Clair River. Though this is an 

unsanctioned, non-permitted marine 

event, this zone is necessary to provide 

for the safety of life on the navigable 

waters near Port Huron, MI, during a 

float down event. 

DATES: This temporary final rule is 

effective from 12 p.m. through 8 p.m. 

August 20, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0764 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39021 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Tracy Girard, 

Prevention Department, Sector Detroit, 

Coast Guard; telephone 313–568–9564, 

or email Tracy.M.Girard@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

During the afternoon of August 20, 

2017, a non-sanctioned public event is 

scheduled to take place. The event is 

advertised over various social-media 

sites, in which a large number of 

persons float down a segment of the St. 

Clair River, using inner tubes and other 

similar floatation devices. The 2017 

Float-Down event will occur between 

approximately 12 p.m. and 8 p.m. on 

August 20, 2017. This event has taken 

place in the month of August annually 

since 2009. 

No private or municipal entity 

requested a marine event permit from 

the Coast Guard for this event, and it 

has not received state or federal permits 

since its inception. The event has drawn 

over 3,000 participants of various ages 

annually. Despite plans put together by 

federal, state and local officials, 

emergency responders and law 

enforcement officials have been 

overburdened pursuing safety during 

this event. Medical emergencies, people 

drifting across the international border, 

and people trespassing on residential 

property when trying to get out of the 

water before the designated finish line 

are some of the numerous difficulties 

encountered during the Float-Down 

event. 

During the 2014 Float-Down event, a 

19-year-old participant died. During the 

2016 float down, a wind shift caused 

thousands of U.S. citizen rafters with no 

passports to drift into Canadian waters. 

The current and wind made it 

impossible for the rafters to paddle back 

into U.S. waters, causing significant 

coordination with the Canadian 

authorities. Despite these events, 

promotional information for the event 

continues to be published. More than 

3,000 people are again anticipated to 

float down the river this year. No public 

or private organization holds themselves 

responsible as the event sponsor. 

Therefore, the Coast Guard does not 

receive full and final details regarding 

the event or the number of participants 

until the time of the event. 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable. The Coast 

Guard did not receive the final details 

of this float down event until there was 

insufficient time remaining before the 

event to publish an NPRM. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making this 

temporary rule effective less than 30 

days after publication in the Federal 

Register. For the same reasons 

discussed in the preceding paragraph, 

waiting for a 30 day notice period to run 

would be impracticable. 

III. Legal Authority and Need for Rule 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

safety zones: 33 U.S.C. 1231; 33 CFR 

1.05–1, 160.5; Department of Homeland 

Security Delegation No. 0170.1. The 

Captain of the Port Detroit (COTP) 

determined the float down poses 

significant risk to public safety and 

property. The likely combination of 

large numbers of participants, strong 

river currents, limited rescue resources, 

and difficult emergency response 

scenarios could easily result in serious 

injuries or fatalities to Float-Down 

participants and spectators. Therefore, 

the COTP is establishing a safety zone 

around the event location to help 

minimize risks to safety of life and 

property during this event. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 12 p.m. to 8 p.m. on August 20, 

2017. The safety zone will begin at 

Lighthouse Beach and encompass all 

U.S. waters of the St. Clair River bound 

by a line starting at a point on land 

north of Coast Guard Station Port Huron 

at position 43°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). 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the COTP or a 

designated representative. Vessel 

operators must contact the COTP or his 

on-scene representative to obtain 

permission to transit through this safety 

zone. Additionally, no one under the 

age of 18 will be permitted to enter the 

safety zone if they are not wearing a 

Coast Guard-approved Personal 

Floatation Device (PFD). The COTP or 

his on-scene representative may be 

contacted via VHF Channel 16. 

The COTP or his designated on-scene 

representative will notify the public of 

the enforcement of this rule by all 

appropriate means, including a 

Broadcast Notice to Mariners and Local 

Notice to Mariners. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. Executive Order 13771 

(‘‘Reducing Regulation and Controlling 

Regulatory Costs’’), directs agencies to 

reduce regulation and control regulatory 

costs and provides that ‘‘for every one 

new regulation issued, at least two prior 

regulations be identified for elimination, 

and that the cost of planned regulations 

be prudently managed and controlled 

through a budgeting process. This rule 

has not been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, it has not 

been reviewed by the Office of 

Management and Budget. 

As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771. See OMB’s Memorandum 

titled ‘‘Interim Guidance Implementing 

Section 2 of the Executive Order of 

January 30, 2017 titled ‘Reducing 


sradovich on DSK3GMQ082PROD with RULES
39022 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 

Regulation and Controlling Regulatory 

Costs’ ’’ (February 2, 2017). 

We conclude that this rule is not a 

significant regulatory action. This 

regulatory action determination is based 

on the size, location, duration, and timeof-year of the safety zone. Vessel traffic 

will not be able to safely transit around 

this safety zone which will impact a 

designated area of the St. Clair River 

from 12 p.m. thru 8 p.m. on August 20, 

2017. Moreover, the Coast Guard will 

issue Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone so vessel owners and operators can 

plan accordingly. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in the Regulatory 

Planning and Review section above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104– 

121), we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969(42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting eight hours on August 20, 

2017 that will prohibit entry within the 

7 mile portion of St. Clair River. It is 

categorically excluded under section 

2.B.2, figure 2–1, paragraph 34(g) of the 

Instruction. A Record of Environmental 

Consideration (REC) supporting this 

determination is available in the docket 

where indicated in the ADDRESSES

section of this preamble. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T09–0764 to read as 

follows: 

§ 165.T09–0764 Safety Zone; Port Huron 

Float-Down, St. Clair River, Port Huron, MI. 

(a) Location. The following area is a 

temporary safety zone: all U.S. 

navigable waters of southern Lake 

Huron and the St. Clair River adjacent 

to Port Huron, MI, beginning at 

Lighthouse Beach and encompassing all 

U.S. waters of the St. Clair River bound 

by a line starting at a point on land 

north of Coast Guard Station Port Huron 

at position 43°00.416′ N.; 082°25.333′ 

W., extending east to the international 

boundary to a point at position 

43°00.416′ N.; 082°25.033′ W., following 

south along the international boundary 

to a point at position 42°54.500′ N.; 

082°27.683′ W., extending west to a 

point on land just north of Stag Island 

at position 42°54.500′ N.; 082°27.966′ 

W., and following north along the U.S. 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39023 

shoreline to the point of origin (NAD 

83). 

(b) Enforcement period. The regulated 

area described in paragraph (a) will be 

enforced from 12 p.m. through 8 p.m. on 

August 20, 2017. 

(c) Regulations. (1) No vessel or 

person may enter, transit through, or 

anchor within the safety zone unless 

authorized by the Captain of the Port 

Detroit, or his on-scene representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Detroit is any 

Coast Guard commissioned, warrant or 

petty officer or a Federal, State, or local 

law enforcement officer designated by 

or assisting the Captain of the Port 

Detroit to act on his behalf. 

(4) Vessel operators shall contact the 

Captain of the Port Detroit or his onscene representative to obtain 

permission to enter or operate within 

the safety zone. The Captain of the Port 

Detroit or his on-scene representative 

may be contacted via VHF Channel 16 

or at 313–568–9464. Vessel operators 

given permission to enter or operate in 

the regulated area must comply with all 

directions given to them by the Captain 

of the Port Detroit or his on-scene 

representative. 

Dated: August 10, 2017. 

Jeffrey W. Novak, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2017–17386 Filed 8–16–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2017–0789; 1625–AA00] 

Safety Zone; St. Marys River, Sault Ste. 

Marie, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 200-yard 

radius of the position of the grounded 

vessel, M/V CALUMET on the north end 

of Sugar Island. The safety zone is 

needed to provide for the safety of life 

and property on the navigable waters 

during emergency salvage operations 

onboard a bulk carrier that ran aground. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port, 

Sault Ste. Marie. 

DATES: This rule is effective with actual 

notice from August 10, 2017 until 

August 17, 2017. This rule is effective 

without actual notice on August 17, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0789 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LTJG Sean V. Murphy, Waterways 

Management Chief, Sector Sault Ste. 

Marie, U.S. Coast Guard; telephone 906– 

635–3223, email Sean.V.Murphy@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

M/V Motor Vessel 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because M/V 

CALUMET ran aground on the north 

side of Sugar Island in the St. Marys 

River on the night of 09 August 2017 

and immediate action is needed to 

investigate the incident and respond to 

the potential safety hazards associated 

with salvage of the vessel. It is 

impracticable to publish an NPRM 

because the Coast Guard must establish 

this safety zone by 10 August 2017. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

investigate the incident and respond to 

the potential safety hazards associated 

with emergency salvage operations of 

M/V CALUMET. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Sault Ste. Marie (COTP) 

has determined that potential hazards 

associated with emergency salvage 

operations starting 10 August 2017 will 

be a safety concern for anyone within a 

200-yard radius of the aground vessel in 

position 46–29.3N 084–18.1W. This rule 

is needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the incident is investigated and 

the vessel is salvaged. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from August 10, 2017 to August 17, 

2017. The safety zone will cover all 

navigable waters within 200 yards of the 

aground M/V CALUMET in position 46– 

29.3N 084–18.1W. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while the 

incident is investigated and the vessel is 

salvaged. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive Orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, and 

limited duration of the safety zone. We 

conclude that this rule is not a 


sradovich on DSK3GMQ082PROD with RULES