[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Rules and Regulations]
[Pages 55374-55376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19846]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0751]
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 for 
certain waters of the St. Clair River in the vicinity of Port Huron, 
Michigan. Though this is an unsanctioned, non-permitted marine event, 
this action is necessary to provide for the safety of life on these 
navigable waters near Port Huron, MI, during a float down event on 
August 21, 2016. This regulation prohibits persons and vessels from 
being in the safety zone unless authorized by the Captain of the Port 
Detroit or a designated representative.

DATES: This rule is effective from 12 p.m. through 8 p.m. on August 21, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0751 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 final rule, call or email Lieutenant Selena Warnke, 
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9508, email [email protected]. If you have questions on viewing 
the docket, call Cheryl Collins, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

DHS Department of Homeland Security
COTP Captain of the Port
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking

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 doing so would be impracticable. The 
final details of this 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 impracticable because it would inhibit 
the Coast Guard's ability to protect participants, mariners, and 
vessels from the hazards associated with this event. Furthermore, 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 noted above.
    During the afternoon of August 21, 2016, a non-sanctioned public 
event, 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 is scheduled to take 
place. The 2016 Float-Down event will occur between approximately 12 
p.m. and 8 p.m. on August 21, 2016. This event has taken place in the 
month of August yearly from 2009 through 2015.
    While no private or municipal entity has requested a marine event 
permit from the Coast Guard for this event, and although it has not 
received state or federal permits over these past years, the event has 
drawn over 3,000

[[Page 55375]]

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 participating in 
the event died. Despite this, promotional information for the event 
continues to be published, and more than 3,000 people are again 
anticipated to float down the river this year. However, since no public 
or private organization holds themselves responsible as the event 
sponsor, the Coast Guard does not receive full and final details 
regarding the event or the number of participants until the time of the 
event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security 
Delegation No. 0170.1. The Captain of the Port Detroit (COTP) has 
determined that the 2016 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.

IV. Discussion of the Rule

    This rule establishes a safety zone from 12 p.m. through 8 p.m. on 
August 21, 2016. 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 (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.

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 or executive orders.

A. 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.
    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 duration, and it is 
designed to minimize the impact on navigation. Moreover, under certain 
conditions, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

B. Impact on Small Entities

    As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered 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 this portion of southern Lake Huron and the St. 
Clair River near Port Huron, MI on August 21, 2016, between the hours 
of 12 p.m. and 8 p.m.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of the zone, Coast Guard Sector Detroit will issue a local 
Broadcast Notice to Mariners so vessel owners and operators can plan 
accordingly.

C. 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 so that they can better evaluate 
its effects on them. If this 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 entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

D. 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).

E. 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.

F. 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

[[Page 55376]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places, or 
vessels.

G. 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.

H. 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.

I. 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.

J. 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.

K. 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.

L. 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.

M. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

N. 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves the establishment of a safety zone and is therefore 
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 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.T09-0751 to read as follows:


Sec.  165.T09-0751  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]00'25'' 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 (NAD 83).
    (b) Enforcement period. The safety zone described in paragraph (a) 
of this section will be enforced from 12:00 p.m. to 8:00 p.m. on August 
21, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting or anchoring within this safety 
zone is prohibited 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 on a case-by-case basis by the COTP or his on-scene 
representative.
    (3) 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).
    (4) The ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State, or local 
law enforcement officer designated by or assisting the COTP to act on 
his behalf.
    (5) Vessel operators desiring to enter or operate within the safety 
zone shall contact the COTP or his on-scene representative to request 
permission to do so. The COTP or a designated representative may be 
contacted via VHF Channel 16 or at 313-568-9464. Vessel operators given 
permission to enter or operate in the safety zone must comply with all 
directions given to them by the COTP or his on-scene representative.

    Dated: August 16, 2016.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2016-19846 Filed 8-18-16; 8:45 am]
 BILLING CODE 9110-04-P