[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Rules and Regulations]
[Pages 35699-35701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16958]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-95-015]


Special Local Regulation; Start of the Port Huron, MI to Mackinac 
Island Sailboat Race

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: A special local regulation is being adopted for portions of 
lower Lake Huron, St. Clair River and Black River during the 
festivities surrounding the beginning of the annual Port Huron to 
Mackinac Island Race on July 22, 1995. 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 

[[Page 35700]]
in the area, this regulation is needed to provide for the safety of 
life, limb, and property on navigable waters during the event.

EFFECTIVE DATE: This regulation is effective from 10 P.M. on July 21, 
1995, through 4 P.M. July 22, 1995, unless extended or terminated 
sooner by the Coast Guard Patrol Commander, (Officer in Charge, U.S. 
Coast Guard Station Port Huron, MI).

FOR FURTHER INFORMATION CONTACT: Marine Science Technician Second Class 
Jeffrey M. Yunker, Ninth Coast Guard District, Aids to Navigation and 
Waterways Management Branch, Room 2083, 1240 East Ninth 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 it 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 June 9, 1995, and 
there was not sufficient time remaining to publish a proposed final 
rule in advance of the event or provide for a delayed effective date. 
The Coast Guard has decided to proceed with a temporary rule for this 
year's event and publish a NPRM, as part of the Great Lakes annual 
marine events list, prior to next year's event.

Drafting Information

    The drafters of this notice are Lieutenant Junior Grade Byron D. 
Willeford, Project Officer, Ninth Coast Guard District, Aids to 
Navigation and Waterways Management Branch, and Lieutenant Charles 
D. Dahill, Project Attorney, Ninth Coast Guard District Legal 
Office.

Discussion of Regulation

    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. 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 as set out in 
the authority citation for all of part 100.

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 is conducting an environmental analysis for this 
event pursuant to section 2.B.2.c of Coast Guard Commandant Instruction 
M16475.1B, and the Coast Guard Notice of final agency procedures and 
policy for categorical exclusions found at (59 FR 38654; July 29, 
1994).
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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Temporary Regulation

    In consideration of the foregoing, Part 100 of Title 33, Code of 
Federal Regulations, is amended as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A temporary Sec. 100.35-T09-015 is added to read as follows:


Sec. 100.35-T09-015  Start of the Port Huron, MI to Mackinac Island 
Sailboat Race.

    (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) (NAD 83) Special local regulation. The regulation area in 
paragraph (a) of this section is designated as a ``Caution Area.'' All 
vessels transiting the regulated 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. on July 
21, 1995, through 4 p.m. on July 22, 1995, unless extended or 
terminated sooner by the 

[[Page 35701]]
Coast Guard Patrol Commander, (Officer in Charge, U.S. Coast Guard 
Station Port Huron, MI).

    Dated: June 20, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 95-16958 Filed 7-10-95; 8:45 am]
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