[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Proposed Rules]
[Pages 21677-21682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9148]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish regulations requiring
safety zones in the Captain of the Port Sault Sainte Marie zone. This
proposed rule is intended to establish safety zones that will restrict
vessels from certain portions of water areas within the Sector Sault
Ste Marie Captain of the Port zone, as defined by our regulations.
These proposed safety zones are necessary to protect spectators,
participants, and vessels from the hazards associated with various
maritime events.
DATES: Comments and related materials must be received by the Coast
Guard on or before May 18, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0188 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail BMC Gregory Ford, Prevention Department, Coast
Guard, Sector Sault Sainte Marie, MI, telephone (906) 635-3222, e-mail
[email protected]. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0188), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
[[Page 21678]]
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-0188'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``Read Comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0188'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one by using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
This proposed rule will add 33 CFR 165.9xx, Annual Events requiring
safety zones in the Captain of the Port Sault Sainte Marie zone.
Various private and public entities organize marine events within the
Sault Sainte Marie Captain of the Port zone. Many of these events recur
in the same location on or about the same date each year. Also, many of
these events pose hazards to the public. Such hazards include
obstructions to the navigable channels, explosive dangers associated
with fireworks, debris falling into the water, and general congestion
of waterways. To minimize these and other hazards, this proposed rule
will establish twenty safety zones, each related to a specific
recurring marine event.
Discussion of Proposed Rule
This proposed rule and its associated safety zones are necessary to
ensure the safety of vessels and people during each of the annual
marine events discussed below.
Although this rule will remain in effect year round, the proposed
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 the safety zones in this proposal 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, publication in the Federal
Register, 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 proposed 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 proposed 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 proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this proposed 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 proposed 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 that 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 proposed 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 21679]]
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed 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.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: Each
safety zone in this proposed rule will be in effect for only a few
hours within any given 24 hour period. 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact BMC Gregory Ford, Prevention
Department, Coast Guard Sector Sault Sainte Marie, MI at (906) 635-
3222. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule will not affect the 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate Tribal
concerns. We have determined that this rule and fishing rights
protection need not be incompatible. We have also determined that this
proposed 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. Nevertheless, Indian
Tribes that have questions concerning the provisions of this proposed
rule or options for compliance are encouraged to contact the point of
contact listed under FOR FURTHER INFORMATION CONTACT.
Energy Effects
We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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
made a preliminary determination that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this preliminary determination is available in the
docket where indicated under ADDRESSES. This
[[Page 21680]]
proposed rule establishes a safety zone and therefore paragraph (34)(g)
of figure 2-1 applies. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
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 proposes
to amend 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; 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 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 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,
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
[[Page 21681]]
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 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:
(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 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.
[[Page 21682]]
Dated: April 6, 2011.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2011-9148 Filed 4-15-11; 8:45 am]
BILLING CODE 9110-04-P