[Federal Register Volume 59, Number 121 (Friday, June 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15389]


[[Page Unknown]]

[Federal Register: June 24, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD 09-94-015]
RIN 2115-AA97

 

Safety Zone Regulations; Lower Lake Huron, St. Clair River and 
Black River, Port Huron, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a Safety Zone for portions of 
Lower Lake Huron, the St. Clair River and Black River during the 
festivities surrounding the beginning of the annual Port Huron to 
Mackinac Island Race on July 16, 1994. This regulation establishes a 
``Caution Area'' from the lower part of the Black River to the 
International Boundary in the St. Clair River northward to the Lake 
Huron Cut Buoys 5 and 6, Lake Huron, in United States waters. Due to a 
dramatic increase in boating traffic, which could pose hazards to 
navigation in the area, this regulation is needed to provide for the 
safety of life, limb, and property on navigable waters during the 
beginning of the event.

EFFECTIVE DATE: This regulation becomes effective from 10 p.m. (edst) 
on July 15, 1994 until 4 p.m. (edst) July 16, 1994.

FOR FURTHER INFORMATION CONTACT: William A. Thibodeau, Marine Science 
Technician Second Class, U.S. Coast Guard, Aids to Navigation and 
Waterways Management Branch, Ninth Coast Guard District, 1240 East 9th 
Street, Cleveland, Ohio 44199-2060, (216) 522-3990.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of 
Proposed Rulemaking has not been published for this regulation and good 
cause exists for making them effective in less than 30 days from the 
date of publication. Following normal rulemaking procedures would have 
been impracticable. The application to hold this event was not received 
by the Commander, Ninth Coast Guard District, until May 23, 1994, and 
there was not sufficient time remaining to publish a proposed rule in 
advance of the event or to provide for a delayed effective date.

Drafting Information

    The drafters of this regulation is Scott J. Smith, Lieutenant 
Junior Grade, U.S. Coast Guard, Project Officer, Aids to Navigation & 
Waterways Management Branch and Karen E. Lloyd, Lieutenant, U.S. Coast 
Guard, Project Attorney, Ninth Coast Guard District Legal Office.

Discussion of Regulations

    The circumstances requiring this regulation result from past 
experiences with congestion and confrontations before, during, and 
after the start of the annual Port Huron to Mackinac Island Race. This 
event, based on past records, has drawn in excess of 100,000 people and 
dramatically increased boating traffic in the general vicinity. This 
regulation requires that all vessels in the designated ``Caution Area'' 
from the lower part of the Black River to the International Boundary in 
the St. Clair River northward to the Lake Huron Cut Buoys 5 and 6, Lake 
Huron, in United States waters, be operated at NO-WAKE speed, meaning 
that all vessels transiting the area be operated at bare steerageway, 
keeping the vessel's wake at a minimum, and exercise a high degree of 
caution in the area.
    There will be no restrictions imposed by the Canadian authorities 
in their waters. This regulation is necessary to ensure the protection 
of life, limb, and property prior to and until approximately six hours 
after the start of the race.
    This regulation is issued pursuant to 33 U.S.C. 1233, 1225 and 1231 
as set out in the authority citation for all of Part 165.

Federalism Implications

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rulemaking does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under section 2.B.2.c of Coast Guard 
Commandant Instruction M16475.1B, they are categorically excluded from 
further environmental documentation.

Economic Assessment and Certification

    This regulation is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of the DOT is unnecessary.

Collection of Information

    This regulation will impose no collection of information 
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulations

    In consideration of the foregoing, subpart C of part 165 of title 
33, Code of Federal Regulations, is amended as follows:

PART 165--[AMENDED]

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

    Authority: 33 U.S.C. 1233; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5.

    2. A temporary Sec. 165.T09-015 is added to read as follows:


Sec. 165.T09-015  Safety Zone: Lower Lake Huron, St. Clair River and 
Black River, Port Huron, MI.

    (a) Regulated area. That portion of the Black River, St. Clair 
River, and Lower Lake Huron from:


Latitude                             Longitude                          
                                                                        
42 deg.58.8' N                       082 deg.26.0' W, to                
42 deg.58.4' N                       082 deg.24.8' W, thence northward  
                                      along the International Boundary  
                                      to                                
43 deg.02.8' N                       082 deg.23.8' W, to                
43 deg.02.8' N                       082 deg.26.8' W, thence southward  
                                      along the U.S. shoreline to       
42 deg.58.9' N                       082 deg.26.0' W, thence to         
42 deg.58.8' N                       082 deg.26.0' W.                   
                                                                        

    (b) Regulation. The above regulated area is designated as a 
``Caution Area.'' All vessels transiting the above listed area will 
operate at bare steerageway, keeping the vessel's wake at a minimum, 
and exercise a high degree of caution in the area.
    (c) Patrol commander.
    (1) The Coast Guard will patrol the regulated area under the 
direction of a designated Coast Guard Patrol Commander, (Officer in 
Charge, U.S. Coast Guard Station Port Huron, MI). The Patrol Commander 
may be contacted on channel 16 (156.8 MHZ) by the call sign ``Coast 
Guard Patrol Commander.''
    (2) The Patrol Commander may direct the anchoring, mooring, or 
movement of any boat or vessel within the regulated area. A succession 
of sharp, short signals by whistle or horn from vessels patrolling the 
area under the direction of the U.S. Coast Guard Patrol Commander shall 
serve as a signal to stop. Any vessel so signaled shall stop and shall 
comply with the orders of the Patrol Commander. Failure to do so may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (3) The Patrol Commander may establish vessel size and speed 
limitations and operating conditions.
    (4) The Patrol Commander may restrict vessel operation within the 
regulated area to vessels having particular operating characteristics.
    (5) The Patrol Commander may terminate the marine event or the 
operation of any vessel at any time it is deemed necessary for the 
protection of life, limb, or property.
    (6) All persons in the area shall comply with the orders of the 
Coast Guard Patrol Commander.
    (d) Effective date. This section is effective from 10 p.m. (EDST) 
on July 15, 1994 until 4 p.m. (EDST) on July 16, 1994, unless otherwise 
terminated by the Coast Guard Patrol Commander (Officer in Charge, U.S. 
Coast Guard Station Port Huron, MI).

    Dated: June 9, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-15389 Filed 6-23-94; 8:45 am]
BILLING CODE 4910-14-M