[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Rules and Regulations]
[Pages 38297-38300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16339]



[[Page 38297]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0542]
RIN 1625-AA00


Safety Zone; Marine Events Requiring Safety Zones in the Captain 
of the Port Sault Sainte Marie Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: This rule will establish safety zones that will restrict 
vessels from certain portions of water areas within the Sector Sault 
Sainte Marie Captain of the Port zone. These safety zones are necessary 
to protect spectators, participants, and vessels from the hazards 
associated with various maritime events.

DATES: This rule is effective in the CFR on June 30, 2011 through 11:59 
p.m. on July 4, 2011. This rule is effective with actual notice for 
purposes of enforcement at 2 p.m. on June 18, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0542 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0542 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail The U.S. Coast Guard Sector Sault Sainte 
Marie Marine Event Coordinator; telephone 906-635-3222, e-mail 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. Delaying this rule to wait for a 
notice and comment period to run would be impracticable and contrary to 
the public interest because it would inhibit the Coast Guard's ability 
to protect the public from the hazards associated with various, 
organized maritime events.
    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. For the same reasons discussed in 
the preceding paragraph, delaying this rule to wait for a 30 day 
effective period to run would be impracticable and contrary to the 
public interest.

Background and Purpose

    This spring and summer a number of firework displays and festivals 
will occur on the water in the Sector Sault Sainte Marie Captain of the 
Port zone. These events are expected to draw a number of spectators. 
The Captain of the Port Sault Sainte Marie has determined that these 
types of maritime events and the expected gathering of vessels create 
hazards for the participants and spectators. Such hazards include 
obstructions to navigable channels, explosive dangers associated with 
fireworks, debris falling into the water, and general congestion of 
waterways.

Discussion of Rule

    To minimize the aforementioned hazards, this temporary rule will 
establish fifteen safety zones, each one for a particular maritime 
event. This rule and its associated safety zones are necessary to 
ensure the safety of vessels and people during each of the marine 
events discussed herein. The Captain of the Port Sault Sainte Marie 
will notify the public when these safety zones will be enforced. In 
keeping with 33 CFR 165.7(a), the Captain of the Port Sault Sainte 
Marie will use all appropriate means to notify the affected segments of 
the public. This will include, as practicable, Broadcast Notice to 
Mariners, and Local Notice to Mariners. The Captain of the Port will, 
as practicable, issue a Broadcast Notice to Mariners notifying the 
public when any enforcement period is cancelled.
    Entry into, transiting, or anchoring within each of the below 
safety zones is prohibited unless authorized by the Captain of the Port 
Sault Sainte Marie or his or her designated representative. All persons 
and vessels permitted to enter one of the safety zones established by 
this rule shall comply with the instructions of the Coast Guard Captain 
of the Port or the designated representative. The Captain of the Port 
or his or her designated representative may be contacted via VHF 
Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zones created by this rule will be 
relatively small and enforced for a relatively short time. Also, each 
safety zone is designed to minimize its impact on navigable waters. 
Furthermore, each safety zone has been designed to allow vessels to 
transit unrestricted to portions of the waterways not affected by the 
safety zones. Thus, restrictions on vessel movement within any 
particular area are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through each safety zone when 
permitted by the Captain of the Port. On the whole, the Coast Guard 
expects insignificant adverse impact to mariners from the activation of 
these safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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.

[[Page 38298]]

    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
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 and operators of vessels intending to 
transit or anchor in any one of the below established safety zones 
while the safety zone is being enforced. Each safety zone will be in 
effect for only a short time. Furthermore, each safety zone has been 
designed to allow traffic to pass safely around it. Moreover, vessels 
will be allowed to pass through each zone at the discretion of the 
Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls 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 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 (adjusted for 
inflation) 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 will not cause 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.

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.

Energy Effects

    We have analyzed this 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction because it involves the establishment safety zones. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 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.


0
2. Add Sec.  165.T09-0542 to read as follows:

[[Page 38299]]

Sec.  165.T090542  Safety Zone; Marine Events requiring safety zones in 
the Captain of the Port Sault Sainte Marie zone.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Marquette Fourth of July Celebration Fireworks; Marquette, MI:
    (i) Location. All U.S. navigable waters of Marquette Harbor within 
a 1000-foot radius of the fireworks launch site, centered approximately 
1250 feet south of the Mattson Park Bulkhead Dock and 450 feet east of 
Ripley Rock, at position 46[deg]32'21.7'' N, 087[deg]23'07.60'' W 
[DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on July 
4, 2011 from 9 p.m. until 11 p.m. If the July 4 fireworks are cancelled 
due to inclement weather, then this safety zone will be enforced July 
5, 2011 from 9 p.m. until 11 p.m.
    (2) Munising Fourth of July Celebration Fireworks; Munising, MI:
    (i) Location. All U.S. navigable waters of South Bay within a 600-
foot radius from the fireworks launch site at the end of the Munising 
City Dock, centered in position: 46[deg]24'50.08'' N, 
086[deg]39'08.52'' W [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on July 
4, 2011 from 9 p.m. until 12:30 a.m. on July 5, 2011. If the July 4, 
2011 fireworks are cancelled due to inclement weather, then this safety 
zone will be enforced on July 5, 2011 from 9 p.m. until 12:30 a.m. on 
July 6, 2011.
    (3) Grand Marais Splash-In; Grand Marais, MI:
    (i) Location. All U.S. navigable waters within the southern portion 
of West Bay bound to the north by a line beginning approximately 175 
feet south-southeast of the Lake Street Boat Launch, extending 5280 
feet to the east on a true bearing of 079 degrees. The eastern boundary 
will then be formed by a line drawn to the shoreline on a true bearing 
of 170 degrees. The western and southern boundaries of the zone will be 
bound by the shoreline of West Bay. The coordinates for this zone are 
as follows: 46[deg]40'22.98'' N, 085[deg]59'00.78'' W, 
46[deg]40'32.04'' N, 085[deg]57'46.14'' W, and 46[deg]40'19.68'' N, 
085[deg]57'43.08'' W [DATUM: NAD 83], with the West Bay shoreline 
forming the South and West boundaries of the zone.
    (ii) Enforcement Period. This safety zone will be enforced on June 
18, 2011 from 2 p.m. until 5 p.m.
    (4) Sault Sainte Marie Fourth of July Celebration Fireworks; Sault 
Sainte Marie, MI:
    (i) Location. All U.S. navigable waters of the St. Marys River 
within a 750-foot radius around the eastern portion of the U.S. Army 
Corp of Engineers Soo Locks North East Pier, centered in position: 
46[deg]30'19.66'' N, 084[deg]20'31.61'' W [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on July 
4, 2011 from 9 p.m. until 11:30 p.m. If the July 4, 2011 fireworks are 
cancelled due to inclement weather, then this safety zone will be 
enforced July 5, 2011 from 9 p.m. until 11:30 p.m.
    (5) St. Ignace Fourth of July Celebration Fireworks; St. Ignace, 
MI:
    (i) Location. All U.S. navigable waters of East Moran Bay within a 
700-foot radius from the fireworks launch site at the end of the Arnold 
Transit Mill Slip, centered in position: 45[deg]52'16.92'' N, 
084[deg]43'18.48'' W [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on July 
4, 2011 from 9 p.m. until 11:30 p.m. If the July 4, 2011 fireworks are 
cancelled due to inclement weather, then this safety zone will be 
enforced July 5, 2011 from 9 p.m. until 11:30 p.m.
    (6) Mackinac Island Fourth of July Celebration Fireworks; Mackinac 
Island, MI:
    (i) Location. All U.S. navigable waters of Lake Huron within a 500-
foot radius of the fireworks launch site, centered approximately 1000 
yards west of Round Island Passage Light, at position 45[deg]50'34.92'' 
N, 084[deg]37'38.16'' W [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on July 
4, 2011 from 9 p.m. until 11 p.m. If the July 4, 2011 fireworks are 
cancelled due to inclement weather, then this safety zone will be 
enforced July 5, 2011 from 9 p.m. until 11 p.m.
    (7) Canada Day Celebration Fireworks; Sault Sainte Marie, MI:
    (i) Location. All U.S. navigable waters of the St. Marys River 
within a 1200-foot radius from the fireworks launch site, centered 
approximately 160 yards north of the U.S. Army Corp of Engineers Soo 
Locks North East Pier, at position 46[deg]30'20.40'' N, 
084[deg]20'17.64'' W [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on July 
1, 2011 from 9 p.m. until 11 p.m. If the July 1, 2011 fireworks are 
cancelled due to inclement weather, then this safety zone will be 
enforced July 2, 2011 from 9 p.m. until 11 p.m.
    (8) Jordan Valley Freedom Festival Fireworks; East Jordan, MI:
    (i) Location. All U.S. navigable waters of Lake Charlevoix, near 
the City of East Jordan, within the arc of a circle with a 1000-foot 
radius from the fireworks launch site in position 45[deg]09'18'' N, 
085[deg]07'48'' W [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on June 
18, 2011 from 9 p.m. until 11 p.m.
    (9) National Cherry Festival Fourth of July Celebration Fireworks; 
Traverse City, MI:
    (i) Location. All U.S. navigable waters of the West Arm of Grand 
Traverse Bay within the arc of a circle with a 1000-foot radius from 
the fireworks launch site located on a barge in position 44[deg]46'12'' 
N, 085[deg]37'06'' W [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on July 
4, 2011 from 9 p.m. until 11 p.m. If the July 4, 2011 fireworks are 
cancelled due to inclement weather, then this safety zone will be 
enforced July 5, 2011 from 9 p.m. until 11 p.m.
    (10) Harbor Springs Fourth of July Celebration Fireworks; Harbor 
Springs, MI:
    (i) Location. All U.S. navigable waters of Lake Michigan and Harbor 
Springs Harbor within the arc of a circle with a 1000-foot radius from 
the fireworks launch site located on a barge in position 
45[deg]25'26.64'' N, 084[deg]58'49.8'' W [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on July 
4, 2011 from 9 p.m. until 11 p.m. If the July 4, 2011 fireworks are 
cancelled due to inclement weather, then this safety zone will be 
enforced July 5, 2011 from 9 p.m. until 11 p.m.
    (11) Bay Harbor Yacht Club Fourth of July Celebration Fireworks; 
Petoskey, MI:
    (i) Location. All U.S. navigable waters of Lake Michigan and Little 
Traverse Bay within the arc of a circle with a 1000-foot radius from 
the fireworks launch site located on a barge in position 45[deg]22'07'' 
N, 085[deg]01'40'' W [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on July 
3, 2011 from 9 p.m. until 11 p.m. If the July 3, 2011 fireworks are 
cancelled due to inclement weather, then this safety zone will be 
enforced July 4, 2011 from 9 p.m. until 11 p.m.
    (12) Petoskey Fourth of July Celebration Fireworks; Petoskey, MI:
    (i) Location. All U.S. navigable waters of Lake Michigan and 
Petoskey Harbor, in the vicinity of Bay Front Park, within the arc of a 
circle with a 1000-foot radius from the fireworks launch site located 
in position 45[deg]22'50.4'' N, 084[deg]57'01.6'' W [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on July 
4, 2011 from 9 p.m. until 11 p.m. If the July 4, 2011 fireworks are 
cancelled due to inclement weather, then this safety zone

[[Page 38300]]

will be enforced July 5, 2011 from 9 p.m. until 11 p.m.
    (13) Boyne City Fourth of July Celebration Fireworks; Boyne City, 
MI:
    (i) Location. All U.S. navigable waters of Lake Charlevoix, in the 
vicinity of Veterans Park, within the arc of a circle with a 1400-foot 
radius from the fireworks launch site located in position 
45[deg]13'30'' N, 085[deg]01'40'' W [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced on July 
4, 2011 from 9 p.m. until 11 p.m. If the July 4, 2011 fireworks are 
cancelled due to inclement weather, then this safety zone will be 
enforced July 5, 2011 from 9 p.m. until 11 p.m.
    (14) National Cherry Festival Air Show; Traverse City, MI:
    (i) Location. All U.S. navigable waters of the West Arm of Grand 
Traverse Bay bounded by a line drawn from 44[deg]46'48'' N, 
085[deg]38'18'' W, then southeast to 44[deg]46'30'' N, 085[deg]35'30'' 
W, then southwest to 44[deg]46'00'' N, 085[deg]35'48'' W, then 
northwest to 44[deg]46'18'' N, 085[deg]38'18'' W, then back to the 
point of origin [DATUM: NAD 83].
    (ii) Enforcement Period. This safety zone will be enforced from 
July 1, 2011 thru July 3, 2011, from noon until 4 p.m. each day.
    (15) Alpena Fourth of July Celebration Fireworks, Alpena, MI:
    (i) Location. All U.S. navigable waters of Lake Huron within an 
800-foot radius of the fireworks launch site located near the end of 
Mason Street, South of State Avenue, at position 45[deg]02'42'' N, 
083[deg]26'48'' W (NAD 83).
    (ii) Enforcement Period. This safety zone will be enforced on July 
4, 2011 from 9 p.m. until 11 p.m. If the July 4, 2011 fireworks are 
cancelled due to inclement weather, then this safety zone will be 
enforced July 5, 2011 from 9 p.m. until 11 p.m.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Sault 
Sainte Marie to monitor these safety zones, permit entry into these 
safety zones, give legally enforceable orders to persons or vessels 
within these safety zones, or take other actions authorized by the 
Captain of the Port Sault Sainte Marie.
    (2) Public vessel means a vessel owned, chartered, or operated by 
the United States or by a State or political subdivision thereof.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
any of the safety zones listed in this section is prohibited unless 
authorized by the Captain of the Port Sault Sainte Marie, or a 
designated representative.
    (2) All persons and vessels must comply with the instructions of 
the Coast Guard Captain of the Port Sault Sainte Marie or a designated 
representative. Upon being hailed by the U.S. Coast Guard by siren, 
radio, flashing light or other means, the operator of a vessel shall 
proceed as directed.
    (3) When a safety zone established by this section is being 
enforced, all vessels must obtain permission from the Captain of the 
Port Sault Sainte Marie or a designated representative to enter, move 
within, or exit that safety zone. Vessels and persons granted 
permission to enter the safety zone shall obey all lawful orders or 
directions of the Captain of the Port Sault Sainte Marie or a 
designated representative. While within a safety zone, all vessels 
shall operate at the minimum speed necessary to maintain a safe course.
    (d) Suspension of Enforcement. If an event concludes earlier than 
scheduled, the Captain of the Port Sault Sainte Marie will issue a 
Broadcast Notice to Mariners notifying the public that enforcement of 
the respective safety zone is suspended.
    (e) Exemption. Public vessels, as defined in paragraph (b) of this 
section, are exempt from the requirements in this section.
    (f) Waiver. For any vessel, the Captain of the Port Sault Sainte 
Marie or a designated representative may, at his or her discretion, 
waive any of the requirements of this section, upon finding that 
circumstances are such that application of this section is unnecessary 
or impractical for the purposes of safety or environmental safety.

    Dated: June 17, 2011.
G.J. Paitl,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sault Sainte 
Marie.
[FR Doc. 2011-16339 Filed 6-29-11; 8:45 am]
BILLING CODE 9110-04-P