[Federal Register Volume 66, Number 208 (Friday, October 26, 2001)]
[Rules and Regulations]
[Pages 54141-54143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27053]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-140]
RIN 2115-AA97


Security Zone; Sault Locks, St. Mary's River, Sault Ste. Marie, 
MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a security zone around the 
Sault Locks in Sault Ste. Marie, Michigan. This regulation is necessary 
to provide additional protection for the locks due to terrorist attacks 
that occurred on September 11, 2001. The security zone is intended to 
restrict vessel traffic movement through and around the Sault Locks.

DATES: This rule is effective from 1 p.m. October 11, 2001 until 1 p.m. 
June 15, 2002.

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 [CGD09-01-140] and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Sault Ste. Marie, 337 
Water St., Sault Ste. Marie, MI 49783, between 7:30 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Joe Cost, Chief, Coast Guard 
Marine Safety Office Sault Ste. Marie, MI, (906) 635-3220.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. The Coast Guard for good cause finds that, under 5 U.S.C. 
553(b)(B) and (d)(3), notice and public comment on the rule before the 
effective date of the rule and advance publication are impracticable 
and contrary to public interest. Immediate action is necessary to 
ensure the safety of life, property, the environment, as well as safe 
passage for vessels transiting this area. The conduct of notice and 
comment rulemaking proceedings and compliance with advance notice 
requirements present significant public security and safety concerns 
that outweigh the public interest in compliance with these provisions. 
Public rulemaking proceedings and advance publication could provoke 
consequences that would pose a risk of harm to the public, military 
personnel, and law

[[Page 54142]]

enforcement personnel charged with enforcement of the security zone. 
This regulation is geographically limited so that it meets the needs of 
national security with a minimal burden on the public.

Background and Purpose

    The security zone is established to provide additional protection 
of the locks in response to the September 11, 2001 terrorist attacks on 
the World Trade Center buildings in New York City and on the Pentagon 
in Arlington, Virginia. The security zone is intended to restrict 
vessel traffic movement through and around the Sault Locks. All persons 
and vessels shall comply with the instructions of the Captain of the 
Port Sault Ste. Marie or the designated on scene patrol personnel. 
Entry into, transiting, or anchoring within the security zone is 
prohibited unless authorized by the Captain of the Port Sault Ste. 
Marie or his designated on scene representative. The Captain of the 
Port Sault Ste. Marie may be contacted via the VTS at telephone number 
(906) 635-3232 or on VHF channel 12 (156.6 MHz) or VHF channel 14 
(156.7 MHz).

Regulatory Evaluation

    This temporary 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. It has not been reviewed 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 security zone covers a vital portion of the St. Mary's River 
transited by commercial and recreational vessels and is being created 
to protect the Sault locks. The Coast Guard does foresee minor 
interruption to the passage of vessels through this area. While vessels 
will need authorization to transit the zone, the Coast Guard expects 
minimal interference with or delay in their passage.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the 
Coast Guard considered whether this rule will have a significant impact 
on a substantial number of small businesses and not-for-profit 
organizations that are not dominant in their respective fields, and 
government jurisdictions with populations less than 50,000.
    The Coast Guard certifies under section 605(b) that this temporary 
final rule will not have a significant economic impact on a substantial 
number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the St. Mary's River up-river, between, and down-river of the Sault 
Locks immediately until terminated by COTP Sault Ste. Marie.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessel 
traffic will be allowed to pass through the zone with the permission of 
the COTP or his designated on scene representative.

Assistance for Small Entities

    Under section 213(a) of the small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding this rule so that they can better evaluate 
its effectiveness and participate in the rulemaking process. If your 
small business or organization is affected by this rule, and you have 
questions concerning its provisions or options for compliance, please 
contact the office listed in ADDRESSES in this preamble.
    Small businesses may send comments on the actions of Federal 
employees 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 contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this rule under Executive Order 13132, Federalism, 
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) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will 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

    We have 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that, under figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1C, it is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, 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.T09-118 is added to read as follows:


Sec. 165.T09-118  Security Zone; St. Mary's River and St. Mary's Falls 
Canal, Sault St. Marie, MI.

    (a) Location. The following area is a security zone: beginning at a 
line drawn from 46 deg. 29.94' N, 084 deg. 20' W to 46 deg.

[[Page 54143]]

30.21' N, 084 deg. 20' W (these coordinates are on opposite sides of 
the St. Mary's River and east of the Sault Locks); proceeding in a 
westerly direction, encompassing all waters in the river along the St. 
Mary's River and St. Mary's Falls Canal past the Sault Locks, to a line 
drawn from 46 deg.29.86' N, 084 deg. 23' W to 46 deg. 30.27' N, 
084 deg. 23' W (these coordinates are on opposite sides of the St. 
Mary's River, west of the Sault locks). These coordinates are based 
upon North American Datum 1983 (NAD 83).
    (b) Effective dates. This section is effective from 1 p.m. October 
11, 2001 until 1 p.m. June 15, 2002.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port, Sault Ste. Marie, 
Michigan. The general regulations of Sec. 165.33 of this part apply.
    (2) Persons desiring to transit the area of the security zone must 
first notify the Captain of the Port Sault Ste. Marie via the Vessel 
Traffic Service (VTS) at telephone number (906) 635-3232 or on VHF 
channel 12 (156.6 MHz) or VHF channel 14 (156.7 MHz) and receive 
permission to transit the area. Approval will be made on a case-by-case 
basis.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Sault Ste. Marie or the designated on-scene 
patrol personnel.

    Dated: October 11, 2001.
C. S. Gordon,
Captain, U.S. Coast Guard, Captain of the Port Sault Ste. Marie, MI.
[FR Doc. 01-27053 Filed 10-25-01; 8:45 am]
BILLING CODE 4910-15-U