[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31839-31843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13438]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0188]
RIN 1625-AA00
Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Sault Sainte Marie Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is adding regulations requiring safety zones
in the Captain of the Port Sault Sainte Marie zone. 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 July 5, 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-2011-0188 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0188 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 BMC Gregory Ford, U.S. Coast Guard,
Sector Sault Sainte Marie, telephone 906-253-3222, e-mail at
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 18, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones; Annual Events requiring safety zones in
the Captain of the Port Sault Sainte Marie zone, in the Federal
Register (76 FR 21677). We received 0 public submissions commenting on
this rule. No public meeting was requested, and none was held.
Background and Purpose
This rule will add 33 CFR 165.918 Safety Zones; Annual Events
requiring safety zones in the Captain of the Port Sault Sainte Marie
zone. Many of these events recur in the same location on or about the
same date each year. Also, these events pose hazards to the public.
Such hazards include obstructions to navigable channels, explosive
dangers associated with fireworks, debris falling into the water, and
general congestion of waterways. To minimize these and other hazards,
this rule will establish twenty safety zones, each related to a
specific recurring marine event.
Discussion of Comments and Changes
The Coast Guard received 0 public submissions commenting on this
rule.
Discussion of Rule
This rule and its associated safety zones are necessary to ensure
the safety of vessels and people during each of the annual marine
events discussed herein. Although this rule will remain in effect year
round, the safety zones will be enforced only immediately before,
during, and after each corresponding event.
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
[[Page 31840]]
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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. On April 18, 2011, the Coast Guard published a notice
of proposed rulemaking (NPRM) entitled Safety Zones; Annual Events
requiring safety zones in the Captain of the Port Sault Sainte Marie
zone, in the Federal Register (76 FR 21677). The Coast Guard received 0
public submissions commenting on the impact to small entities by this
rule. There have been no changes made to the rule as proposed. 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 of the safety zones, with one
exception, will be in effect only once per year. Furthermore, these
safety zones have been designed to allow traffic to pass safely around
each zone. 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), in the NPRM we offered to
assist small entities in understanding the rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
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. On April 18, 2011, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled Safety Zones; Annual Events
requiring safety zones in the Captain of the Port Sault Sainte Marie
zone, in the Federal Register (76 FR 21677). The Coast Guard received 0
public submissions commenting on the proposed rule.
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. On April 18, 2011, the Coast Guard published a notice
of proposed rulemaking (NPRM) entitled Safety Zones; Annual Events
requiring safety zones in the Captain of the Port Sault Sainte Marie
zone, in the Federal Register (76 FR 21677). The Coast Guard received 0
public submissions commenting on the proposed rule. There have been no
changes made to the rule as proposed.
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. On April 18, 2011, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled Safety Zones; Annual Events
requiring safety zones in the Captain of the Port Sault Sainte Marie
zone, in the Federal Register (76 FR 21677). The Coast Guard received 0
public submissions commenting on the proposed rule. There have been no
changes made to the rule as proposed.
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. On April 18, 2011, the Coast
Guard published a notice of proposed rulemaking (NPRM) entitled Safety
Zones; Annual Events requiring safety zones in the Captain of the Port
Sault Sainte Marie zone, in the Federal Register (76 FR 21677). The
Coast Guard received 0 public submissions commenting on the proposed
rule. There have been no changes made to the rule as proposed.
[[Page 31841]]
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. On April 18, 2011, the Coast Guard
published a notice of proposed rulemaking (NPRM) entitled Safety Zones;
Annual Events requiring safety zones in the Captain of the Port Sault
Sainte Marie zone, in the Federal Register (76 FR 21677). The Coast
Guard received 0 public submissions commenting on the proposed rule.
There have been no changes made to the rule as proposed.
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. On April 18, 2011,
the Coast Guard published a notice of proposed rulemaking (NPRM)
entitled Safety Zones; Annual Events requiring safety zones in the
Captain of the Port Sault Sainte Marie zone, in the Federal Register
(76 FR 21677). The Coast Guard received 0 public submissions commenting
on the proposed rule. There have been no changes made to the rule as
proposed.
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. On April 18, 2011, the Coast Guard
published a notice of proposed rulemaking (NPRM) entitled Safety Zones;
Annual Events requiring safety zones in the Captain of the Port Sault
Sainte Marie zone, in the Federal Register (76 FR 21677). The Coast
Guard received 0 public submissions commenting on the proposed rule.
There have been no changes made to the rule as proposed.
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. On April 18, 2011,
the Coast Guard published a notice of proposed rulemaking (NPRM)
entitled Safety Zones; Annual Events requiring safety zones in the
Captain of the Port Sault Sainte Marie zone, in the Federal Register
(76 FR 21677). The Coast Guard received 0 public submissions commenting
on the proposed rule. There have been no changes made to the rule as
proposed.
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 of a safety zone.
A final 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; 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. 165.918 to read as follows:
Sec. 165.918 Safety Zones; Annual 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 each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 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 each
year on July 4 from 9 p.m. until 12:30 a.m. on July 5. If the July 4
fireworks are cancelled due to inclement weather, then this section
will be enforced on July 5 from 9 p.m. until 12:30 a.m. on July 6.
(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]40'22.32'' N, 085[deg]59'00.66'' W,
[[Page 31842]]
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. Each year on the second to last Saturday
in June 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 each
year on July 4 from 9 p.m. until 11:30 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 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]52'24.62'' N,
084[deg]43'18.13'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 4 from 9 p.m. until 11:30 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 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 each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(7) Festivals of Fireworks 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]52'24.62'' N,
084[deg]43'18.13'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on every Saturday following the 4th of July until the second
Sunday in September from 9 p.m. to 11 p.m. If the fireworks are
cancelled on Saturday due to inclement weather, then this section will
be enforced on Sunday from 9 p.m. to 11 p.m.
(8) 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 each
year on July 1 from 9 p.m. until 11 p.m. If the July 1 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 2 from 9 p.m. until 11 p.m.
(9) 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. Each year on Saturday of the third weekend
of June from 9 p.m. until 11 p.m.
(10) 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 each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(11) 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]25'30''
N, 084[deg]59'06'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(12) Bay Harbor Yacht Club Fourth of July Celebration Fireworks;
Petoskey, MI:
(i) Location. All U.S. navigable waters of Lake Michigan and Bay
Harbor Lake within the arc of a circle with a 500-foot radius from the
fireworks launch site located on a barge in position 45[deg]21'50'' N,
085[deg]01'37'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 3 from 9 p.m. until 11 p.m. If the July 3 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 4 from 9 p.m. until 11 p.m.
(13) 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]22'40'' N, 084[deg]57'30'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(14) 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 each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(15) 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]46'30'' N, 085[deg]38'30'' W, then back to the
point of origin [DATUM: NAD 83].
(ii) Enforcement Period. Each year on Friday, Saturday, and Sunday
of the first complete weekend of July from noon until 4 p.m.
(16) National Cherry Festival Finale Fireworks; Traverse City, MI:
(i) Location. All U.S. navigable waters and adjacent shoreline of
the West Arm of Grand Traverse Bay within the arc of a circle with a
1000-foot radius from the
[[Page 31843]]
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. Each year on the second Saturday of July
from 9 p.m. until 11 p.m.
(17) Charlevoix Venetian Festival Friday Night Fireworks;
Charlevoix, MI:
(i) Location. All U.S. navigable waters of Lake Charlevoix, in the
vicinity of Depot Beach, within the arc of a circle with a 1000-foot
radius from the fireworks launch site located on a barge in position
45[deg]19'08'' N, 085[deg]14'18'' W [DATUM: NAD 83].
(ii) Enforcement Period. Each year on Friday of the fourth weekend
of July from 9 p.m. until 11 p.m.
(18) Charlevoix Venetian Festival Saturday Night Fireworks;
Charlevoix, MI:
(i) Location. All U.S. navigable waters of Round Lake within the
arc of a circle with a 300- foot radius from the fireworks launch site
located on a barge in position 45[deg]19'03'' N, 085[deg]15'18'' W
[DATUM: NAD 83].
(ii) Enforcement Period. Each year on Saturday of the fourth
weekend of July from 9 p.m. until 11 p.m.
(19) Elk Rapids Harbor Days Fireworks; Elk Rapids, MI:
(i) Location. All U.S. navigable waters of Grand Traverse Bay, in
the vicinity of Edward G. Grace Memorial Park, within the arc of a
circle with a 1000-foot radius from the fireworks launch site located
in position 44[deg]53'58'' N, 085[deg]25'04'' W [DATUM: NAD 83].
(ii) Enforcement Period. Each year on the first Saturday of August
from 9 p.m. until 11 p.m.
(20) 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 each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(b) Definitions. The following definitions apply to this section:
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.
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 the event concludes earlier than
scheduled, the Captain of the Port Sault Sainte Marie or a designated
representative 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: May 17, 2011.
G.J. Paitl,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Sault
Sainte Marie.
[FR Doc. 2011-13438 Filed 6-1-11; 8:45 am]
BILLING CODE 9110-04-P