Safety Zone; Marine Events Requiring Safety Zones in the Captain of the Port Sault Sainte Marie Zone, 38297-38300 [2011-16339]
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Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Rules and Regulations
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 https://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 SMBSECSaultFI@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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
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‘‘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
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38297
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.
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Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Rules and Regulations
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.
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.
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.
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.
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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).
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
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
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
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
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The National Technology Transfer
and Advancement Act (NTTAA) (15
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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
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.
2. Add § 165.T09–0542 to read as
follows:
■
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§ 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°32′21.7″ N, 087°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°24′50.08″ N, 086°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°40′22.98″ N, 085°59′00.78″ W,
46°40′32.04″ N, 085°57′46.14″ W, and
46°40′19.68″ N, 085°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
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North East Pier, centered in position:
46°30′19.66″ N, 084°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°52′16.92″ N,
084°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°50′34.92″ N, 084°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°30′20.40″ N, 084°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°09′18″ N,
085°07′48″ W [DATUM: NAD 83].
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(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 1000foot radius from the fireworks launch
site located on a barge in position
44°46′12″ N, 085°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°25′26.64″ N, 084°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°22′07″ N, 085°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°22′50.4″ N,
084°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
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Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Rules and Regulations
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°13′30″ N, 085°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°46′48″
N, 085°38′18″ W, then southeast to
44°46′30″ N, 085°35′30″ W, then
southwest to 44°46′00″ N, 085°35′48″ W,
then northwest to 44°46′18″ N,
085°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°02′42″ N,
083°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 § 165.23 of
this part, entry into, transiting, or
anchoring within any of the safety zones
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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]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0303]
RIN 1625–AA00
Safety Zone; Shore Thing and
Independence Day Fireworks,
Chesapeake Bay, Norfolk, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Chesapeake Bay in the vicinity of
Ocean View Beach Park, Norfolk, VA in
support of the Shore Thing and
Independence Day Fireworks event.
This action is necessary to provide for
the safety of life on navigable waters
during the Shore Thing and
Independence Day Fireworks show.
This action is intended to restrict vessel
traffic movement on the Chesapeake Bay
to protect mariners from the hazards
associated with fireworks displays.
DATES: This regulation is effective from
9 p.m. through 10 p.m. on July 1, 2011,
with a rain date from 9 p.m. through 10
p.m. on July 2, 2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0303 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0303 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
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 LCDR Christopher
O’Neal, Waterways Management
Division Chief, Sector Hampton Roads,
Coast Guard; telephone 757–668–5581,
e-mail Christopher.A.ONeal@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Regulatory Information
On May 13, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Shore Thing and
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Agencies
[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Rules and Regulations]
[Pages 38297-38300]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 https://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
SMBSECSaultFI@uscg.mil. 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