[Federal Register: May 3, 1999 (Volume 64, Number 84)] [Proposed Rules] [Page 23570-23571] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr03my99-16] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-15-M