[Federal Register Volume 60, Number 143 (Wednesday, July 26, 1995)]
[Proposed Rules]
[Pages 38291-38293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18251]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-95-017]


Special Local Regulation; Detroit Grand Prix, Detroit River, 
Fleming Channel and Scott Middle Ground, MI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent special 
local regulation for portions of the Fleming Channel and Scott Middle 
Ground in the Detroit River, MI during the Detroit Grand Prix. This 
event is held annually on the second weekend of June. This regulation 
will establish a ``NO-STOPPING ZONE'' in the Fleming Channel, and a 
``CAUTION AREA'' in Scott Middle Ground. The Detroit Grand Prix is an 
automobile race which will take place on the western end of Belle Isle. 
This event draws an estimated 2000 spectator craft 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 event.

DATES: Comments must be received on or before September 25, 1995.

ADDRESSES: Comments should be mailed to Commander (oan), Ninth Coast 
Guard District, 1240 East 9th Street, Cleveland, Ohio 44199-2060. The 
comments will be available for inspection and copying at the Aids to 
Navigation and Waterways Management Branch, Room 2083, 1240 East 9th 
Street, Cleveland, Ohio. Normal office hours are between 8 a.m. and 4 
p.m., Monday through Friday, except holidays. Comments may also be hand 
delivered to this address. Annual notice of the exact dates and times 
of the effective period of the regulation will be published in local 
notices to mariners. To be placed on the mailing list for such notices, 
write to Commander (oan), Ninth Coast Guard District, 1240 East Ninth 
Street, Cleveland, Ohio, 44199-2060.

FOR FURTHER INFORMATION CONTACT:
Marine Science Technician Second Class Jeffrey M. Yunker, Ninth Coast 
Guard District, Aids to Navigation and Waterways Management Branch, 
1240 East Ninth Street, Cleveland, Ohio 44199-2060, (216) 522-3990.


[[Page 38292]]


SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their name and address, 
identify this rulemaking [CGD09 95-017] and the specific section of 
this proposal to which each comment applies, and give a reason for each 
comment. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope. The Coast Guard 
will consider all comments received during the comment period. It may 
change this proposal in view of the comments. The Coast Guard plans no 
public hearing. Persons may request a public hearing by writing to the 
Project Officer at the address under ADDRESSES. If it determines that 
the opportunity for oral presentations will aid this rulemaking, the 
Coast Guard will hold a public hearing at a time and place announced by 
a later notice in the Federal Register.

    Drafting Information. The drafters of these regulations are 
Lieutenant Junior Grade Byron D. Willeford, Ninth Coast Guard 
District, project officer, Aids to Navigation and Waterways 
Management Branch and Lieutenant Charles D. Dahill, Ninth Coast 
Guard District, project attorney, Legal Office.

Discussion of Proposed Regulations

    The Coast Guard proposes to establish a special local regulation on 
specified waters of the Detroit River, MI during the Detroit Grand 
Prix. The Detroit Grand Prix is an automobile race which will be 
conducted on the western end of Belle Isle, MI. This event draws an 
estimated 2000 spectator craft which will dramatically increase boating 
traffic in the general vicinity. This regulation will require that all 
vessels operating in the Fleming Channel around Belle Isle not loiter 
or anchor, unless expressly authorized by the Coast Guard Patrol 
Commander; and that all vessels operating in the Scott Middle Ground 
around Belle Isle will be operated at a ``SLOW/NO-WAKE'' speed, which 
means that all vessels transiting the area will be operated at bare 
steerage, keeping the vessel's wake at a minimum, and will exercise a 
high degree of caution in the area. This regulation is necessary to 
ensure the protection of life, limb and property during this event. 
Exact times and dates will be published in the Coast Guard Ninth 
District Local Notice to Mariners.
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 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.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend part 100 of Title 33, Code of Federal Regulations, 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. New Sec. 100.903 is added to read as follows:


Sec. 100.903  Detroit Grand Prix, Detroit River, Fleming Channel and 
Scott Middle Ground, MI.

    (a) No-stopping zone. (1) Location. That portion of the Fleming 
Channel, Detroit River, bounded by the south Belle Isle shoreline on 
the north and the International Boundary on the south; bounded on the 
east by the International Boundary and the eastern most end of Belle 
Isle, and bounded on the west by the International Boundary and the 
western most end of Belle Isle.
    (2) Regulation. Vessels will not loiter or anchor in the regulated 
area in paragraph (a)(1) of this section, unless expressly authorized 
by the Coast Guard Patrol Commander (Officer in Charge, U.S. Coast 
Guard Station Belle Isle, MI).
    (b) Caution area. (1) Location. That portion of the Scott Middle 
Ground, Detroit River, bounded on the north by the mainland shoreline, 
and on the south by the north Belle Isle shoreline; bounded on the east 
by a north-south line from the mainland shoreline and the Belle Isle 
shoreline intersecting the Waterworks Intake Crib Light, and bounded on 
the west by a north-south line from the mainland shoreline and the 
western most end of Belle Isle intersecting North Channel Buoy 2.
    (2) Regulation. The regulated area in paragraph (b)(1) of this 
section is designated as a ``CAUTION AREA''. All commercial and 
recreational vessel traffic transiting the area will be operated at 
bare steerageway, keeping the vessel's wake at a minimum, and will 
exercise a high degree of caution in the area.
    (c) Patrol Commander. (1) The Coast Guard will patrol the regulated 
areas under the direction of a designated Coast Guard Patrol Commander. 
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 areas. 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 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.
    (4) All persons in the area shall comply with the orders of the 
Coast Guard Patrol Commander.
    (d) Effective date: This Section will become effective from 7:30 
a.m. until 6:30 p.m. annually, on Friday, Saturday and Sunday of the 
second weekend of 

[[Page 38293]]
June, unless otherwise specified in the Coast Guard Local Notice to 
Mariners.

    Dated: July 12, 1995.
G. F. Woolever,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 95-18251 Filed 7-25-95; 8:45 am]
BILLING CODE 4910-14-M