[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Rules and Regulations]
[Pages 35699-35701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16958]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 09-95-015]
Special Local Regulation; Start of the Port Huron, MI to Mackinac
Island Sailboat Race
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: A special local regulation is being adopted for portions of
lower Lake Huron, St. Clair River and Black River during the
festivities surrounding the beginning of the annual Port Huron to
Mackinac Island Race on July 22, 1995. This regulation establishes a
``Caution Area'' from the lower part of the Black River to the
International Boundary in the St. Clair River northward to the Lake
Huron Cut Buoys 5 and 6, Lake Huron in United States Waters. Due to a
dramatic increase in boating traffic, which could pose hazards to
navigation
[[Page 35700]]
in the area, this regulation is needed to provide for the safety of
life, limb, and property on navigable waters during the event.
EFFECTIVE DATE: This regulation is effective from 10 P.M. on July 21,
1995, through 4 P.M. July 22, 1995, unless extended or terminated
sooner by the Coast Guard Patrol Commander, (Officer in Charge, U.S.
Coast Guard Station Port Huron, MI).
FOR FURTHER INFORMATION CONTACT: Marine Science Technician Second Class
Jeffrey M. Yunker, Ninth Coast Guard District, Aids to Navigation and
Waterways Management Branch, Room 2083, 1240 East Ninth Street,
Cleveland, Ohio, 44199-2060, (216) 522-3990.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of
Proposed Rulemaking has not been published for this regulation and good
cause exists for making it effective in less than 30 days from the date
of publication. Following normal rulemaking procedures would have been
impracticable. The application to hold this event was not received by
the Commander, Ninth Coast Guard District, until June 9, 1995, and
there was not sufficient time remaining to publish a proposed final
rule in advance of the event or provide for a delayed effective date.
The Coast Guard has decided to proceed with a temporary rule for this
year's event and publish a NPRM, as part of the Great Lakes annual
marine events list, prior to next year's event.
Drafting Information
The drafters of this notice are Lieutenant Junior Grade Byron D.
Willeford, Project Officer, Ninth Coast Guard District, Aids to
Navigation and Waterways Management Branch, and Lieutenant Charles
D. Dahill, Project Attorney, Ninth Coast Guard District Legal
Office.
Discussion of Regulation
The circumstances requiring this regulation result from past
experiences with congestion and confrontations before, during, and
after the start of the annual Port Huron to Mackinac Island Race. This
event, based on past records, has drawn in excess of 100,000 people and
dramatically increased boating traffic in the general vicinity. This
regulation requires that all vessels in the designated ``Caution Area''
from the lower part of the Black River to the International Boundary in
the St. Clair River northward to the Lake Huron Cut Buoys 5 and 6, Lake
Huron, in United States waters, be operated at NO-WAKE speed meaning
that all vessels transiting the area be operated at bare steerageway,
keeping the vessel's wake at a minimum, and exercise a high degree of
caution in the area. This regulation is necessary to ensure the
protection of life, limb, and property prior to and until approximately
six hours after the start of the race.
This regulation is issued pursuant to 33 U.S.C. 1233 as set out in
the authority citation for all of part 100.
Federalism Implications
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rulemaking does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard is conducting an environmental analysis for this
event pursuant to section 2.B.2.c of Coast Guard Commandant Instruction
M16475.1B, and the Coast Guard Notice of final agency procedures and
policy for categorical exclusions found at (59 FR 38654; July 29,
1994).
Economic Assessment and Certification
This regulation 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 been exempted from review 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 Coast Guard expects the
economic impact of this regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of the DOT is unnecessary.
Collection of Information
This regulation will impose no collection of information
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Temporary Regulation
In consideration of the foregoing, Part 100 of Title 33, Code of
Federal Regulations, is amended as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A temporary Sec. 100.35-T09-015 is added to read as follows:
Sec. 100.35-T09-015 Start of the Port Huron, MI to Mackinac Island
Sailboat Race.
(a) Regulated area. That portion of the Black River, St. Clair
River, and Lower Lake Huron from:
Latitude Longitude
42 deg.58.8' N 082 deg.26.0' W, to
42 deg.58.4' N 082 deg.24.8' W, thence northward
along the International Boundary
to
43 deg.02.8' N 082 deg.23.8' W, to
43 deg.02.8' N 082 deg.26.8' W, thence southward
along the U.S. shoreline to
42 deg.58.9' N 082 deg.26.0' W, thence to
42 deg.58.8' N 082 deg.26.0' W.
(b) (NAD 83) Special local regulation. The regulation area in
paragraph (a) of this section is designated as a ``Caution Area.'' All
vessels transiting the regulated area will operate at bare steerageway,
keeping the vessel's wake at a minimum, and exercise a high degree of
caution in the area. (c) Patrol Commander. (1) The Coast Guard will
patrol the regulated area under the direction of a designated Coast
Guard Patrol Commander (Officer in Charge, U.S. Coast Guard Station
Port Huron, MI). The Patrol Commander may be contacted on channel 16
(156.8 MHZ) by the call sign ``Coast Guard Patrol Commander.''
(2) The Patrol Commander may direct the anchoring, mooring, or
movement of any boat or vessel within the regulated area.
A succession of sharp, short signals by whistle or horn from
vessels patrolling the area under the direction of the U.S. Coast Guard
Patrol Commander shall serve as a signal to stop. Any vessel so
signaled shall stop and shall comply with the orders of the Patrol
Commander. Failure to do so may result in expulsion from the area,
citation for failure to comply, or both.
(3) The Patrol Commander may establish vessel size and speed
limitations and operating conditions.
(4) The Patrol Commander may restrict vessel operation within the
regulated area to vessels having particular operating characteristics.
(5) The Patrol Commander may terminate the marine event or the
operation of any vessel at any time it is deemed necessary for the
protection of life, limb, or property.
(6) All persons in the area shall comply with the orders of the
Coast Guard Patrol Commander.
(d) Effective date. This section is effective from 10 p.m. on July
21, 1995, through 4 p.m. on July 22, 1995, unless extended or
terminated sooner by the
[[Page 35701]]
Coast Guard Patrol Commander, (Officer in Charge, U.S. Coast Guard
Station Port Huron, MI).
Dated: June 20, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 95-16958 Filed 7-10-95; 8:45 am]
BILLING CODE 4910-14-M
