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Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations persons float down a segment of the St.
Clair River, using inner tubes and other similar floatation devices. The 2021
float down event will occur from approximately 12 noon through 8 p.m.
on August 15, 2021. This nonsanctioned 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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, 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 is impracticable. The organizers of this event are very secretive, and careful not to be found out as the event has no sponsor. The Coast Guard could not receive notice of the float down with sufficient time to undergo notice and comment because the date of the event varies from year to year. The Coast Guard was not made aware the float
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down would occur in 2021 until there was insufficient time to allow for a comment period to run. We must establish this safety zone by August 15, 2021, in order to protect the public form the hazards listed above associated with the float down.
Under 5 U.S.C. 553d3, 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 impracticable because action is needed to ensure that the potential safety hazards associated with the float down are effectively mitigated.

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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.

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 15, 2021. 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.

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.
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.
This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone.
Vessel traffic will not able to safely transit around this safety zone which will impact a designated area of the St.
Clair River for 8 hours. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHFFM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone.

IV. Discussion of the Rule This rule establishes a safety zone from 12 noon through 8 p.m. on August 15, 2021. 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 4300.416 N; 08225.333 W, extending east to the international boundary to a point at position 4300.416 N; 08225.033 W, following south along the international boundary to a point at position 4254.500 N;
08227.683 W, extending west to a point on land just north of Stag Island at position 4254.500 N; 08227.966 W, and following north along the U.S.
shoreline to the point of origin WGS
84. 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
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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.
605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental
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