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GLIN==> Sault Ste. Marie Security Zone



[Federal Register: October 26, 2001 (Volume 66, Number 208)]
[Rules and Regulations]
[Page 54141-54143]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc01-12]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-140]
RIN 2115-AA97


Security Zone; Sault Locks, St. Mary's River, Sault Ste. Marie,
MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a security zone around the
Sault Locks in Sault Ste. Marie, Michigan. This regulation is necessary
to provide additional protection for the locks due to terrorist attacks
that occurred on September 11, 2001. The security zone is intended to
restrict vessel traffic movement through and around the Sault Locks.

DATES: This rule is effective from 1 p.m. October 11, 2001 until 1 p.m.
June 15, 2002.

ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD09-01-140]
and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office Sault Ste. Marie, 337
Water St., Sault Ste. Marie, MI 49783, between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Joe Cost, Chief, Coast Guard
Marine Safety Office Sault Ste. Marie, MI, (906) 635-3220.

SUPPLEMENTARY INFORMATION:

Regulatory Information

     We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. The Coast Guard for good cause finds that, under 5 U.S.C.
553(b)(B) and (d)(3), notice and public comment on the rule before the
effective date of the rule and advance publication are impracticable
and contrary to public interest. Immediate action is necessary to
ensure the safety of life, property, the environment, as well as safe
passage for vessels transiting this area. The conduct of notice and
comment rulemaking proceedings and compliance with advance notice
requirements present significant public security and safety concerns
that outweigh the public interest in compliance with these provisions.
Public rulemaking proceedings and advance publication could provoke
consequences that would pose a risk of harm to the public, military
personnel, and law

[[Page 54142]]

enforcement personnel charged with enforcement of the security zone.
This regulation is geographically limited so that it meets the needs of
national security with a minimal burden on the public.

Background and Purpose

     The security zone is established to provide additional protection
of the locks in response to the September 11, 2001 terrorist attacks on
the World Trade Center buildings in New York City and on the Pentagon
in Arlington, Virginia. The security zone is intended to restrict
vessel traffic movement through and around the Sault Locks. All persons
and vessels shall comply with the instructions of the Captain of the
Port Sault Ste. Marie or the designated on scene patrol personnel.
Entry into, transiting, or anchoring within the security zone is
prohibited unless authorized by the Captain of the Port Sault Ste.
Marie or his designated on scene representative. The Captain of the
Port Sault Ste. Marie may be contacted via the VTS at telephone number
(906) 635-3232 or on VHF channel 12 (156.6 MHz) or VHF channel 14
(156.7 MHz).

Regulatory Evaluation

     This temporary rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979).
     The security zone covers a vital portion of the St. Mary's River
transited by commercial and recreational vessels and is being created
to protect the Sault locks. The Coast Guard does foresee minor
interruption to the passage of vessels through this area. While vessels
will need authorization to transit the zone, the Coast Guard expects
minimal interference with or delay in their passage.

Small Entities

     Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the
Coast Guard considered whether this rule will have a significant impact
on a substantial number of small businesses and not-for-profit
organizations that are not dominant in their respective fields, and
government jurisdictions with populations less than 50,000.
     The Coast Guard certifies under section 605(b) that this temporary
final rule will not have a significant economic impact on a substantial
number of small entities.
     This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the St. Mary's River up-river, between, and down-river of the Sault
Locks immediately until terminated by COTP Sault Ste. Marie.
     This security zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. Vessel
traffic will be allowed to pass through the zone with the permission of
the COTP or his designated on scene representative.

Assistance for Small Entities

     Under section 213(a) of the small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding this rule so that they can better evaluate
its effectiveness and participate in the rulemaking process. If your
small business or organization is affected by this rule, and you have
questions concerning its provisions or options for compliance, please
contact the office listed in ADDRESSES in this preamble.
     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).

Collection of Information

     This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

     We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that this rule does not have implications for
Federalism under that order.

Unfunded Mandates Reform Act

     The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.

Taking of Private Property

     This rule will not affect 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.

Environment

     The Coast Guard considered the environmental impact of this
regulation and concluded that, under figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1C, it is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

     Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, 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; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

     2. A new temporary Sec. 165.T09-118 is added to read as follows:


Sec. 165.T09-118  Security Zone; St. Mary's River and St. Mary's Falls
Canal, Sault St. Marie, MI.

     (a) Location. The following area is a security zone: beginning at a
line drawn from 46 deg. 29.94' N, 084 deg. 20' W to 46 deg.

[[Page 54143]]

30.21' N, 084 deg. 20' W (these coordinates are on opposite sides of
the St. Mary's River and east of the Sault Locks); proceeding in a
westerly direction, encompassing all waters in the river along the St.
Mary's River and St. Mary's Falls Canal past the Sault Locks, to a line
drawn from 46 deg.29.86' N, 084 deg. 23' W to 46 deg. 30.27' N,
084 deg. 23' W (these coordinates are on opposite sides of the St.
Mary's River, west of the Sault locks). These coordinates are based
upon North American Datum 1983 (NAD 83).
     (b) Effective dates. This section is effective from 1 p.m. October
11, 2001 until 1 p.m. June 15, 2002.
     (c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into this zone is prohibited unless
authorized by the Coast Guard Captain of the Port, Sault Ste. Marie,
Michigan. The general regulations of Sec. 165.33 of this part apply.
     (2) Persons desiring to transit the area of the security zone must
first notify the Captain of the Port Sault Ste. Marie via the Vessel
Traffic Service (VTS) at telephone number (906) 635-3232 or on VHF
channel 12 (156.6 MHz) or VHF channel 14 (156.7 MHz) and receive
permission to transit the area. Approval will be made on a case-by-case
basis.
     (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Sault Ste. Marie or the designated on-scene
patrol personnel.

     Dated: October 11, 2001.
C. S. Gordon,
Captain, U.S. Coast Guard, Captain of the Port Sault Ste. Marie, MI.
[FR Doc. 01-27053 Filed 10-25-01; 8:45 am]
BILLING CODE 4910-15-U


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Alex J. Sagady & Associates  http://my.voyager.net/~ajs/sagady.pdf

Environmental Enforcement, Technical Review, Public Policy and
Communications on Air, Water and Waste/Community Environmental Protection

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com
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