[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Rules and Regulations]
[Pages 46536-46538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16538]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2020-0439]
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 during a float down event near
Port Huron, MI.
DATES: This temporary final rule is effective from 12 noon through 8
p.m. on August 16, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2020-0439 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 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 16, 2020, 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 2020 float down event will occur between
approximately 12 noon and 8 p.m. on August 16, 2020. 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.
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 contrary to public interest because prompt action is
needed to protect the public and participants in this event on August
16, 2020.
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 noon through 8 p.m. on August 16, 2020. 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 noon through 8 p.m. on
August 16, 2020. The safety zone will begin at Lighthouse Beach and
encompass all
[[Page 46537]]
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 noon
until 8 p.m. on August 16, 2020. 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 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
[[Page 46538]]
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.T09-0439 to read as follows:
Sec. 165.T09-0439 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 noon through 8 p.m. on August 16, 2020.
(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. 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 24, 2020.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2020-16538 Filed 7-31-20; 8:45 am]
BILLING CODE 9110-04-P