Safety Zone, Detroit River

[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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