[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Rules and Regulations]
[Pages 40120-40121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19314]



[[Page 40120]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-099]

RIN 2115-AA97


Safety Zone; Blue Water Offshore Classic, St. Clair River, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
1000 yards ahead, 1000 yards astern, and 50 yards to each side of any 
deep draft vessel that can safely navigate only within the channel of 
St. Clair River, during the Blue Water Offshore Classic on August 3, 4 
and 5, 2001. The moving safety zone is necessary to prevent damage or 
injury to the deep draft vessels or personnel involved in the Blue 
Water Offshore Power Boat Race. Only authorized vessels are permitted 
to enter or remain within the safety zone.

DATES: This temporary final rule is effective from 8 a.m. on August 3, 
2001, through 6 p.m. on August 5, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD09-01-099 and are available for inspection or 
copying at: U.S. Coast Guard Marine Safety Office Detroit, 110 Mt. 
Elliott St. Detroit, MI 48207, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: ENS Brandon Sullivan, U.S. Coast Guard 
Marine Safety Office Detroit, telephone number (313) 568-9558.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register. The permit 
application was not received in time to publish an NPRM followed by a 
final rule before the effective date. Delaying this rule would be 
contrary to the public interest of ensuring the safety of spectators 
and vessels during this event and immediate action is necessary to 
prevent possible loss of life or property.

Background and Purpose

    A temporary moving safety zone is necessary to ensure the safety of 
commercial vessels and race participants from the hazards associated 
with high-speed powerboat racing. The likely combination of large 
numbers of recreational vessels, congested waterways, high-speed 
watercraft, and deep draft commercial vessels could easily result in 
serious injuries or fatalities. Establishing a moving safety zone to 
control vessel movement around the commercial vessels while transiting 
through the racecourse will help ensure the safety of persons and 
property at this event and help minimize the associated risk.
    The moving safety zone will encompass all waters within 1000 yards 
ahead, 1000 yards behind, and 50 yards on either side of any deep draft 
vessel that can only safely navigate within the channel of St. Clair 
River.
    The moving safety zone will be enforced to the South, 500 yards 
East of the Newman and River Road Intersection at position
42 deg.51'54" N, 082 deg.28'00" W. These coordinates are based upon 
North American Datum 1983 (NAD 83). To the North, the moving safety 
zone will be enforced 300 yards East of the St. Clair Michigan State 
Police Docks at position 42 deg.28'54" N, 082 deg.28'48" W (NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on scene patrol 
representative. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port Detroit 
or his designated on scene representative. The Captain of the Port or 
his designated on scene representative may be contacted via VHF Channel 
16.

Regulatory Evaluation

    This rule 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. The 
Office of Management and Budget has not reviewed this rule 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). We expect the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zone, and therefore minor if any impacts to 
Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant impact on a 
substantial number of small entities. 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. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities: The owners or operators of commercial vessels 
intending to transit or anchor in a portion of the activated safety 
zone.
    This moving safety zone will not have a significant economic impact 
on a substantial number of small entities for the following reasons: 
The safety zone is only in effect from 6 a.m. until 8 p.m. on the days 
of the event; commercial vessel traffic will not be impeded in any way 
by this moving safety zone and traffic may be allowed to pass through 
the safety zone under Coast Guard escort with the permission of the 
Captain of the Port Detroit or his designated on-scene representative. 
Before the effective period, we will issue maritime advisories widely 
available to users of the St. Clair River by the Ninth Coast Guard 
District Local Notice to Mariners, and Marine Information Broadcasts. 
Facsimile broadcasts may also be made.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects and participate in the rulemaking process. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Marine Safety Office Detroit 
(see ADDRESSES).
    Small businesses may send comments on the actions of Federal 
employees

[[Page 40121]]

who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    The Coast Guard has analyzed this rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. A written categorical exclusion 
determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T09-980 is added to read as follows:


Sec. 165.T09-980  Safety Zone; Blue Water Offshore Classic, St. Clair 
River, MI.

    (a) Location. This moving safety zone encompasses all waters within 
1000 yards ahead, 1000 yards behind, and 50 yards on either side of any 
deep draft vessel that can only safely navigate within the channel of 
the St. Clair River. The moving safety zone will be enforced to the 
South, starting 500 yards East of the Newman and River Road 
Intersection at position 42 deg.51'54" N, 082 deg.28'00" W. To the 
North, the moving safety zone will be enforced starting 300 yards East 
of the St. Clair Michigan State Police Docks at position 42 deg.28'54" 
N, 082 deg.28'48" W. These coordinates are based upon North American 
Datum 1983 (NAD 83).
    (b) Enforcement times and dates. This section will be enforced 8 
a.m. until 6 p.m. on August 3, 4 and 5, 2001. The designated on-scene 
Patrol Commander may be contacted via VHF Channel 16.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into the safety zone is prohibited 
unless authorized by the Coast Guard Captain of the Port Detroit, or 
his designated on-scene representative.

    Dated: July 25, 2001.
S.P. Garrity,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 01-19314 Filed 8-1-01; 8:45 am]
BILLING CODE 4910-15-U