[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Rules and Regulations]
[Pages 34303-34306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15282]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0567]
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 18, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0567 in the ``SEARCH'' box and click

[[Page 34304]]

``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 
[email protected].

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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    During the afternoon of August 18, 2019, 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 2019 float down event will occur between 
approximately 12 p.m. and 8 p.m. on August 18, 2019. 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. 
Moreover, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable and contrary to the public 
interest because it would inhibit the Coast Guard's ability to protect 
the public and vessels from the hazards associated with the float down 
event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 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. through 8 p.m. on August 18, 2019. 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. through 8 p.m. on 
August 18, 2019. 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). 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 or her 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 or her 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 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, 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 18, 2019. 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

[[Page 34305]]

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 Environmental Planning COMDTINST 5090.1 (series), 
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 L[60](a) in Table 3-1 of 
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. 
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

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

    Authority: 46 U.S.C. 70034, 70051; 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.T09-0567 to read as follows:


Sec.  165.T09-0567  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[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).
    (b) Enforcement period. The regulated area described in paragraph 
(a) will be in enforced from 12 p.m. through 8 p.m. on August 18, 2019.
    (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 or her on-scene 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or his or her 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 or her behalf.
    (4) Vessel operators shall contact the COTP or his or her on-scene 
representative to obtain permission to enter or operate within the 
safety zone.

[[Page 34306]]

The COTP or his or her 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 or her on-scene representative.

    Dated: July 8, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-15282 Filed 7-17-19; 8:45 am]
BILLING CODE 9110-04-P