[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Proposed Rules]
[Pages 33186-33188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11539]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-07-017]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a permanent safety 
zone for the annual River Rampage Offshore Power Boat Races on the St. 
Mary's River. This safety zone is necessary to ensure the safety of 
spectators and vessels from the hazards associated with high speed 
vessels. This safety zone is intended to restrict recreational vessel 
traffic from a portion of the St. Mary's River during the last week of 
July.

DATES: Comments and related materials must reach the Coast Guard on or 
before July 16, 2007.

ADDRESSES: You may mail comments and related material to Coast Guard 
Sector Sault Ste. Marie, 337 Water Street, Sault Ste. Marie, MI 49783. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at Coast Guard Sector Sault Ste. Marie between 8 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have further questions on this 
rule, contact Commander Reed Stephenson, U.S. Coast Guard Sector Sault 
Ste. Marie, at (906) 635-3220.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to submit comments and related materials. If you 
submit a comment, please include your name and address, identify the 
docket number for this rulemaking [CGD09-07-017], indicate the specific 
section of this document to which each comment applies, and give the 
reason for each comment. Please submit all comments and related 
material in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you would like to know 
that they reached us, please enclose a stamped, self-addressed postcard 
or envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a public meeting (see ADDRESSES) explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    This permanent safety zone is necessary to ensure the safety of 
waterways users and the event participants from hazards associated with 
waterways racing. Based on accidents that have occurred in other 
Captain of the Port zones, and the high-speed hazards of racing, The 
Captain of the Port Sault Ste. Marie has determined boat racing in 
close proximity to other watercraft poses significant risk to public 
safety and property. The likely combination of large numbers of 
recreation vessels, congested waterways, and high speed craft could 
easily result in serious injuries or fatalities. Establishing a safety 
zone to control

[[Page 33187]]

recreational vessel movement around the location of the raceway will 
help to ensure the safety of persons and property at these events and 
help minimize the associated risks. Prior to the start of each race 
heat and/or practice session, the Patrol Commander will contact VTS 
Sault Ste. Marie to identify any commercial traffic that is either 
upbound or downbound on the St. Mary's River. If a commercial vessel is 
close to clearing the locks downbound, or approaching Nine Mile Point 
upbound, the VTS will advise the Patrol Commander and the event will be 
delayed until the vessel(s) clear the area. The Coast Guard has not 
received notice of any impact caused by the safety zone created for 
this event in past years.

Discussion of Proposed Rule

    The safety zone is established on the St. Mary's River, adjacent to 
Sault Ste. Marie, MI. The safety zone will encompass all waters of the 
St. Mary's River within the following coordinates: 46[deg]29'48'' N, 
084[deg]18'75'' W, then northeast to 46[deg]29'69'' N, 084[deg]18'24'' 
W, then southeast to 46[deg]29'32'' N, 084[deg]17'87'' W, then 
southwest to 46[deg]29'19'' N, 084[deg]18'11'' W. This includes all 
waters encompassed between two lines, one line running northeast from 
Welch's Dock for 1,000 yards and one line running northeast from the 
Sault Ste. Marie Sugar Island Ferry Dock for 500 yards. This safety 
zone will be enforced the last weekend in July with the following 
Monday as a rain date from sunrise to termination of the event. All 
geographic coordinates are North American Datum of 1983 (NAD 83).

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. This determination is based 
on the short amount of time that vessels will be restricted from the 
zones, and the actual location of the safety zones within the 
waterways.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. We suspect that there may be small entities 
affected by this rule but are unable to provide more definitive 
information as to the number of small entities that may be affected. 
The risk, outlined above, is severe and requires that immediate action 
be taken. The Coast Guard will evaluate whether a substantial number of 
small entities are affected as more information becomes available.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will 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 offered to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
Small businesses may send comments on 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 proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that this safety zone and fishing rights 
protection need not be incompatible. We have also determined that this 
Proposed 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

[[Page 33188]]

responsibilities between the Federal Government and Indian tribes. 
Nevertheless, Indian Tribes that have questions concerning the 
provisions of this Proposed Rule or options for compliance are 
encouraged to contact the point of contact listed under FOR FURTHER 
INFORMATION CONTACT.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. Draft documentation 
supporting this preliminary determination is available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Add Sec.  165.937 to read as follows:


Sec.  165.937  Safety Zone; Annual River Rampage Offshore Power Boat 
Races in the Captain of the Port Sault Ste. Marie Zone.

    (a) Location. The safety zone is established for the waters of the 
St. Mary's River, adjacent to Sault Ste. Marie, MI. The safety zone 
will encompass all waters of the St. Mary's River within the following 
coordinates: 46[deg]29'48'' N, 084[deg]18'75'' W, then northeast to 
46[deg]29'69'' N, 084[deg]18'24'' W, then southeast to 46[deg]29'32'' 
N, 084[deg]17'87'' W, then southwest to 46[deg]29'19'' N, 
084[deg]18'11'' W. [DATUM: NAD 83].
    (b) Enforcement date. Last weekend in July with the following 
Monday as a rain date; sunrise to termination of event.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels must comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. 
Coast Guard vessel via siren, radio, flashing light or other means, the 
operator shall proceed as directed.
    (3) Recreational vessels may request permission from the Captain of 
the Port Sault Ste. Marie to transit the safety zone. Approval will be 
made on a case-by-case basis. Requests must be made in advance and 
approved by the Captain of the Port before transits will be authorized. 
The Captain of the Port may be contacted via U.S. Coast Guard Sector 
Sault Ste. Marie on Channel 16, VHF-FM.
    (4) Marine Event Permits (CG-4423) will still need to be sent to U. 
S. Coast Guard Sector Sault Ste. Marie, MI.
    (c) Notice of annual enforcement period. The Captain of the Port 
Sault Ste. Marie will cause notice of enforcement of the safety zone 
established by this section to be made by all appropriate means to the 
affected segments of the public including publication in the Federal 
Register as practicable, in accordance with 33 CFR 165.7(a). The COTP 
may also issue notices in the Ninth Coast Guard District Local Notice 
to Mariners the dates and times this section will be enforced each 
year.

    Dated: May 10, 2007.
E.Q. Kahler,
Captain, U.S. Coast Guard, Captain of the Port Sault Ste. Marie.
[FR Doc. E7-11539 Filed 6-14-07; 8:45 am]
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