[Federal Register Volume 64, Number 84 (Monday, May 3, 1999)]
[Proposed Rules]
[Pages 23570-23571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10951]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD 09-99-007]
Safety Zone, Detroit River
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is considering the establishment of a
temporary safety zone on the American side of the Detroit River for the
Windsor Can-Am Offshore Power Boat Race. The zone would be between the
Ambassador Bridge mile 19.5 and William Livingstone Memorial Lt located
on Belle Isle mile 25.5, Fleming Channel. The zone would temporarily
suspend vessel operations on the Detroit River and close the Belle Isle
Anchorage on 22 August from 10:00 a.m. to 1:00 p.m. The Captain of the
Port would require all vessels to notify the Coast Guard before
transiting the waters affected by the safety zone, and may allow
transits case by case.
DATES: Comments must be received on or before 31 May 1999.
ADDRESSES: Comments may be mailed to Commanding Officer, USCG MSO
Detroit, 110 Mt. Elliott Avenue, Detroit, MI 48207, or delivered to the
same address between 7 a.m. and 4 p.m. Monday through Friday, except
federal holidays. Comments will become part of this docket and will be
available for inspection and copying at the above address.
FOR FURTHER INFORMATION CONTACT: LTJG French, Coast Guard Marine Safety
Office Detroit, 110 Mt Elliott Ave., Detroit, MI 48207, at 313-568-
9580.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages you to participate in this rulemaking by
submitting written data, views, or arguments. Persons submitting
comments should include their names and addresses, identify this
rulemaking (CGD 09-99-007) and the specific section of this proposal to
which each comment applies, and give the reason for each comment.
Please submit two copies of all comments and attachments in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying.
Persons wanting acknowledgement of receipt of comments should enclose
stamped, self-addressed postcards or envelopes.
The Coast Guard will consider all comments 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 address listed under ADDRESSES. The request
should include reasons why a hearing would be beneficial. 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.
Background and Purpose
The Windsor Can-Am Offshore Race would involve off-shore race boats
competing in a circular 2\1/2\-mile track operating at speeds in excess
of 100 miles per hour. The race would run exclusively in Canadian
waters. The approving authority for the Canadian Government is the
Windsor Harbor Commission. The Captain of the Port has determined that
a safety zone would be necessary to ensure the safety of the American
boating public and of commercial vessel traffic. The proposed event
would enjoy support from the Canadian Government and volunteer patrol
under the direction of the Windsor Harbour Master and the event
sponsor. The U.S. Coast Guard would be on scene to enforce the river
closure along the American side and would help to monitor and advise
the Canadian Government on overall safety considerations related to the
event.
Drafting Information
The drafter of this regulation is the U.S. Coast Guard Marine
Safety Office Detroit, 110 Mt Elliott Ave., Detroit MI 48207, project
officer: LTJG French, 313-568-9580. The originator of the race
application is the Canadian Boating Federation, Canadian Offshore Race
Association, 2740 Jefferson Blvd., Windsor, Ontario N8T 3C7, project
officer: Ed Lauzon 519-251-9733. The approving Canadian authority is
the Windsor Harbour Commission, 502 Westcourt Place, 251 Goyeau St.,
Windsor, Ontario N9A 6V4, Harbour Master: Bill Marshall, (519) 258-
5741.
Regulatory Evaluation
The proposed rule would instate a 3-hour river closure that would
be publicized well in advance of the event to allow vessel traffic to
adjust accordingly. The event sponsor has also agreed to compensate
commercial vessels that are delayed. The Captain of the Port Detroit
considers this regulation to be nonsignificant under Executive Order
12866 on Regulatory Planning and Review and nonsignificant under
Department of Transportation regulatory policies and procedures [(44 FR
11034 February 26, 1979)]. If comments received indicate otherwise, the
Captain of the Port may reconsider this determination.
Federalism
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612, and the
Coast Guard has determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Environment
The Coast Guard has considered the environmental impact of this
proposed rule and concluded that, under section 2.B.2.c of Coast Guard
Commandant Instruction M16475.1B, this rule is categorically excluded
from further environmental documentation.
Collection of Information
This proposed rule contains no collection-of-information
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Security measures,
Vessels, Waterways.
Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend Subpart
[[Page 23571]]
C of Part 165 of title 33, Code of Federal Regulations, as follows:
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),
6.04-6, and 160.5; and 49 CFR 1.46.
2. Add a new temporary rule to read as follows:
165.T09007 Safety Zone: Detroit River.
(a) Location. The following area is a safety zone: Detroit River--
enclosed area between the Ambassador Bridge mile 19.5 and William
Livingston Memorial Lt mile 25.5 located on Belle Isle, Fleming
Channel, including the Belle Island Anchorage.
(b) Effective times and dates. This regulation is effective from
10:00 a.m. to 1:00 p.m. on Sunday 22 August 1999, unless terminated
earlier by the Coast Guard Captain of the Port.
(c) Restrictions. In accordance with Sec. 165.23 of this part,
entry into this zone is prohibited unless authorized by the Coast Guard
Captain of the Port.
Dated: April 16, 1999.
Stephen P. Garrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 99-10951 Filed 4-30-99; 8:45 am]
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