[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Proposed Rules]
[Pages 17270-17271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9657]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD 09-96-001]


Special Local Regulation; Idle Hour South Channel Challenge, St. 
Clair River, MI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local 
regulation for the United States waters of the St. Clair River South 
Channel during the Idle Hour South Channel Challenge. This event will 
be held on the St. Clair River South Channel, MI, from Saturday June 8, 
through Monday June 10, 1996, on the St. Clair River South Channel. 
This event will have an estimated 25 race boats racing a closed course 
on the St. Clair River South Channel which could pose hazards to 
navigation in the area. This regulation will restrict general 
navigation between the St. Clair Flats Canal Lighted Buoy 7 and Harsens 
Island Light 11. This regulation is needed to provide for the safety of 
life, limb, and property on navigable waters during the event.

DATE: Comments must be received on or before May 20, 1996.

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.

FOR FURTHER INFORMATION CONTACT:
Lieutenant F.J. Milbry, Ninth Coast Guard District, Recreational 
Boating Safety Affairs Branch, 1240 East Ninth Street, Cleveland, Ohio 
44199-2060, (216) 522-3932.

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 [CGD09-96-001] 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

[[Page 17271]]

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.

Discussion of Proposed Regulations

    The Coast Guard proposes to establish a special local regulation on 
specified waters of the St. Clair River South Channel, MI during the 
Idle Hour South Channel Challenge. This event will have an estimated 25 
high performance power boats racing a closed course race on St. Clair 
River South Channel which could pose hazards to navigation in the area. 
This event is expected to draw an estimated 200-300 spectator craft. 
Pleasure craft will be able to transit the area on the north side of 
the Channel during the event. Commercial vessels transit the St. Clair 
Cutoff and will not be affected. This regulation is necessary to ensure 
the protection of life, limb and property during this event.

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.

Regulatory Evaluation

    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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields and (2) governmental jurisdictions 
with populations of less than 50,000.
    Commercial vessel traffic will not be affected by any restrictions 
because they transit a different area then that affected by this 
proposal. Pleasure craft will be able to transit the area on the north 
side of the Channel during the event. Therefore, because it expects the 
impact of this proposal to be minimal, the Coast Guard certifies under 
5 U.S.C. 605(b) that this proposal, if adopted, will not have a 
significant economic impact on a substantial number of small entities.

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. A temporary Sec. 100.35-T09-001 is added to read as follows:


Sec. 100.35-T09-001  Idle Hour South Channel Challenge, St. Clair 
River, MI.

    (a) Regulated area. That portion of the St. Clair River South 
Channel, in United States waters, between the St. Clair Flats Canal 
Lighted Buoy 7 and Harsens Island Light 11. (NAD 83).
    (b) Special local regulation. This section restricts general 
navigation in the regulated area for the safety of spectators and 
participants. Any vessel desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander.
    (c) Patrol Commander. (1) The Coast Guard will patrol the regulated 
areas under the direction of a designated Coast Guard Patrol Commander 
(Officer in Charge, U.S. Coast Guard St. Clair Shores, 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 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 is effective from 11:30 a.m. until 
2:30 p.m., June 8, 9, and 10, 1996, unless extended or terminated 
sooner by Coast Guard Group Commander Detroit, MI.

    Dated: April 10, 1996.
G. F. Woolever,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 96-9657 Filed 4-18-96; 8:45 am]
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