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


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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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 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

[[Page 39021]]

Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Tracy Girard, Prevention Department, 
Sector Detroit, Coast Guard; telephone 313-568-9564, or email 
<a href="/cdn-cgi/l/email-protection#24705645475d0a690a634d5645564064515747430a494d48"><span class="__cf_email__" data-cfemail="faae889b9983d4b7d4bd93889b889eba8f89999dd4979396">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    During the afternoon of August 20, 2017, a non-sanctioned public 
event is scheduled to take place. The event is advertised over various 
social-media sites, in which a large number of persons float down a 
segment of the St. Clair River, using inner tubes and other similar 
floatation devices. The 2017 Float-Down event will occur between 
approximately 12 p.m. and 8 p.m. on August 20, 2017. This event has 
taken place in the month of August annually since 2009.
    No private or municipal entity requested a marine event permit from 
the Coast Guard for this event, and it has not received state or 
federal permits since its inception. The event has drawn over 3,000 
participants of various ages annually. Despite plans put together by 
federal, state and local officials, emergency responders and law 
enforcement officials have been overburdened pursuing safety during 
this event. Medical emergencies, people drifting across the 
international border, and people trespassing on residential property 
when trying to get out of the water before the designated finish line 
are some of the numerous difficulties encountered during the Float-Down 
event.
    During the 2014 Float-Down event, a 19-year-old participant died. 
During the 2016 float down, a wind shift caused thousands of U.S. 
citizen rafters with no passports to drift into Canadian waters. The 
current and wind made it impossible for the rafters to paddle back into 
U.S. waters, causing significant coordination with the Canadian 
authorities. Despite these events, promotional information for the 
event continues to be published. More than 3,000 people are again 
anticipated to float down the river this year. No public or private 
organization holds themselves responsible as the event sponsor. 
Therefore, the Coast Guard does not receive full and final details 
regarding the event or the number of participants until the time of the 
event.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the final details of this float down event 
until there was insufficient time remaining before the event to publish 
an NPRM.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this temporary rule 
effective less than 30 days after publication in the Federal Register. 
For the same reasons discussed in the preceding paragraph, waiting for 
a 30 day notice period to run would be impracticable.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1. The Captain of 
the Port Detroit (COTP) determined the float down poses significant 
risk to public safety and property. The likely combination of large 
numbers of participants, strong river currents, limited rescue 
resources, and difficult emergency response scenarios could easily 
result in serious injuries or fatalities to Float-Down participants and 
spectators. Therefore, the COTP is establishing a safety zone around 
the event location to help minimize risks to safety of life and 
property during this event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 12 p.m. to 8 p.m. on 
August 20, 2017. The safety zone will begin at Lighthouse Beach and 
encompass all U.S. waters of the St. Clair River bound by a line 
starting at a point on land north of Coast Guard Station Port Huron at 
position 43[deg]00.416' N.; 082[deg]25.333' W., extending east to the 
international boundary to a point at position 43[deg]00.416' N.; 
082[deg]25.033' W., following south along the international boundary to 
a point at position 42[deg]54.500' N.; 082[deg]27.683' W., extending 
west to a point on land just north of Stag Island at position 
42[deg]54.500' N.; 082[deg]27.966' W., and following north along the 
U.S. shoreline to the point of origin (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP or a designated 
representative. Vessel operators must contact the COTP or his on-scene 
representative to obtain permission to transit through this safety 
zone. Additionally, no one under the age of 18 will be permitted to 
enter the safety zone if they are not wearing a Coast Guard-approved 
Personal Floatation Device (PFD). The COTP or his on-scene 
representative may be contacted via VHF Channel 16.
    The COTP or his designated on-scene representative will notify the 
public of the enforcement of this rule by all appropriate means, 
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders, and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process. This rule 
has not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, it has not been reviewed by the 
Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing

[[Page 39022]]

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

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in the 
Regulatory Planning and Review section above, this rule will not have a 
significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this 
action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting eight hours on August 20, 2017 that 
will prohibit entry within the 7 mile portion of St. Clair River. It is 
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(g) 
of the Instruction. A Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated in the ADDRESSES section of this preamble. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

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


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

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

[[Page 39023]]

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

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


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