[Federal Register Volume 77, Number 159 (Thursday, August 16, 2012)]
[Rules and Regulations]
[Pages 49351-49353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20097]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0771]
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
St. Clair River, Port Huron, MI. This zone is intended to restrict
vessels from a portion of the St. Clair River during the Port Huron
Float-Down. Though this is an unsanctioned, non-permitted event, this
temporary safety zone is necessary to protect spectators and vessels
from the hazards associated with river tubing and Float-Down events.
DATES: This rule is effective from 11 a.m. to 8 p.m. on August 19,
2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0771]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box, and click ``Search.'' You may
visit the Docket Management Facility, Department of Transportation,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Adrian Palomeque, Prevention
Department, Sector Detroit, Coast Guard; telephone (313) 568-9508,
email [email protected]. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final 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 and
contrary to the public interest. The final details for this year's
event were not known to the Coast Guard until there was insufficient
time remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect the public from the
hazards associated with this Coast Guard exercise.
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. For the same reasons discussed in
the preceding paragraph, waiting for 30 day notice period run would be
impracticable and contrary to the public interest.
As is discussed further below, the Port Huron Float-Down has taken
place each of the last three years. During each year's event, the
Float-Down has drawn thousands of floaters and spectators. Because of
the high concentration of floaters and spectators, the Coast Guard has
previously established a safety zone in the location of the Float-Down
to better protect the public. For example, in 2011, the Coast Guard
enforced a
[[Page 49352]]
safety on August 21st (76 FR 52269). Consequently, not only is it
impracticable and contrary to the public interest to delay this rule, a
notice comment period and delayed effective date are also unnecessary
because of the public's expected awareness of the Coast Guard's safety
zone.
B. Basis and Purpose
On August 19, 2012, a non-permitted public event has been
advertised over various social-media sites in which a large number of
persons may float down a segment of the St. Clair River, using inner
tubes and other similar floatation devices. The 2012 Float-Down event
will occur between about 11 a.m. and 8 p.m. on August 19, 2012. This
event took place in 2009, 2010, and 2011. Although it did not receive a
state or federal permit over these past years, the event drew in over
3,000 participants. Despite the plan put together by the federal, state
and local officials, emergency responders and law enforcement officials
were overwhelmed with 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.
Promotional information for the event continues to be published, and
more than 3,000 people are anticipated to float down the river this
year.
Based on the amount of public participation and safety concerns
identified in 2009, 2010, and 2011, the Captain of the Port Detroit has
determined that the 2012 Float-Down poses significant risks 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.
Establishing a safety zone to control vessel entry into the location of
the proposed Float-Down will help ensure the safety of persons and
property and minimize the associated risks.
C. Discussion of Rule
This safety zone is necessary to ensure the safety of spectators,
vessels, and the public from the hazards associated with the Port Huron
Float-Down. This rule will be in effect and the safety zone will be
enforced from 11 a.m. to 8 p.m. on August 19, 2012.
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]00'25'' N; 082[deg]25'20'' W, extending east to the
international boundary to a point at position 43[deg]00'25'' N;
082[deg]25'02'' W, following south along the international boundary to
a point at position 42[deg]54'30'' N; 082[deg]27'41'' W, extending west
to a point on land (just north of Stag Island) at position
42[deg]54'30'' N; 082[deg]27'58'' W, and following north along the U.S.
shoreline to the point of origin. All geographic coordinates are North
American Datum of 1983 [NAD 83].
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be relatively small and enforced
for relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. Thus, restrictions on vessel
movement within that particular area are expected to be minimal. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by the Captain of the Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the St. Clair River on August 19,
2012.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only nine hours on one day. Furthermore, the safety zone may conclude
earlier if the Captain of the Port determines that the safety hazards
have been mitigated before 8:00 p.m. Traffic may be allowed to pass
through the zone with the permission of the Captain of the Port. The
Captain of the Port can be reached via VHF channel 16. Before the
activation of the zone, we would issue local Broadcast Notice to
Mariners.
3. Assistance for Small Entities
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 above.
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.
4. 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).
[[Page 49353]]
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA)(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 the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
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 parts 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; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0771 to read as follows:
Sec. 165.T09-0771 Safety Zone; Port Huron Float-Down, St. Clair
River, Port Huron, MI.
(a) Location. The safety zone will begin at Lighthouse Beach and
encompass all U.S. waters of the St. Clair River, Port Huron, MI, bound
by a line starting at a point on land north of Coast Guard Station Port
Huron at position 43[deg]00'25'' N; 082[deg]25'20'' W, extending east
to the international boundary to a point at position 43[deg]00'25'' N;
082[deg]25'02'' W, following south along the international boundary to
a point at position 42[deg]54'30'' N; 082[deg]27'41'' W, extending west
to a point on land (just north of Stag Island) at position
42[deg]54'30'' N; 082[deg]27'58'' W, and following north along the U.S.
shoreline to the point of origin. (DATUM: NAD 83).
(b) Effective and enforcement period. This regulation is effective
and will be enforced from 11 a.m. until 8 p.m. on August 19, 2012.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on scene representative may be contacted via VHF Channel
16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so. The Captain of the Port
Detroit or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Detroit, or his on-scene representative.
Dated: August 6, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-20097 Filed 8-15-12; 8:45 am]
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