[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Rules and Regulations]
[Pages 52269-52271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21341]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0752]
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 in the
Captain of the Port Detroit Zone on the St. Clair River, Port Huron,
Michigan. This safety zone is intended to restrict vessels from
portions 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 and will be enforced from 12 to 8 p.m. on
August 21, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0752 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0752 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. 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 e-mail Lt. Adrian Palomeque, Prevention
Department, Sector Detroit, Coast Guard; telephone (313)568-9508, e-
mail [email protected]. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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. Notice was not received in sufficient
time for the Coast Guard to solicit public comments before the start of
the event. Thus, waiting for a notice and 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 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 the 30-day notice period to run
would be impracticable and contrary to the public interest because
immediate action is necessary to prevent possible loss of life or
property.
Background and Purpose
On August 21, 2011, 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. This event took place in
2009/2010, though it did not receive a state or Federal permit, it drew
in over 5,000 participants. Despite the plan put together by the
Federal, state and local officials, emergency responders and LE
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 5,000 people are anticipated to float down the
river this year.
Based on the amount of public participation and safety concerns
identified in 2009 and 2010, the Captain of the Port Detroit has
determined that
[[Page 52270]]
the 2011 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 movement at the location of the float-down will
help ensure the safety of persons and property and minimize the
associated risks.
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. The 2011 float-down event will occur between about 1 and 5
p.m. on August 21, 2011. This rule will be in effect and the safety
zone will be enforced from 12 to 8 p.m. on August 21, 2011.
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].
All persons and vessels shall comply with the instructions of the
Captain of the Port Detroit or his designated on scene representative.
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 Detroit or
his designated on scene representative may be contacted via VHF Channel
21.
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.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This determination is based on the short time
that vessels will be restricted from the area of water impacted by the
safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule will affect the following entities, some of which may be
small entities: the owners and operators of vessels intending to
transit or anchor in a portion of the St. Clair River near Port Huron,
MI between 12 p.m. and 8 p.m. on August 21, 2011.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
rule will only be in effect and enforced for eight hours on one day.
Vessels may request permission from the Captain of the Port Detroit to
transit through the safety zone. The Coast Guard will give notice to
the public via a Broadcast Notice to Mariners that the regulation is in
effect, allowing vessel owners and operators to plan accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for Federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
Federalism.
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.
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.
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.
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.
[[Page 52271]]
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone
which will only be effective temporarily and is therefore categorically
excluded under paragraph 34(g) of the Instruction.
A final environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
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. 1226, 1231; 46 U.S.C. Chapter 701; 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.T09-0752 to read as follows:
Sec. 165.T09-0752 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 Period. This regulation is effective and will be
enforced from 12 p.m. until 8 p.m. on August 21, 2011.
(c) Regulations.
(1) In accordance with the general regulations in section 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
21.
(4) Vessel operators desiring to enter or operate within the safety
zone should contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so. 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 or his on-scene
representative.
Dated: August 9, 2011.
J. E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2011-21341 Filed 8-18-11; 4:15 pm]
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