[Federal Register: January 9, 2004 (Volume 69, Number 6)]
[Rules and Regulations]
[Page 1527-1529]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja04-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-289]
RIN 2115-AA00
Security Zone; Renaissance Center, Cobo Hall, North American
International Auto Show, Detroit River, Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone on
the navigable waters of the Detroit River in the Captain of the Port
Detroit Zone. This temporary security zone is necessary to protect the
participants during the North American International Auto Show, as well
as the public, facilities, and the surrounding area from possible
sabotage or other subversive acts. This security zone is intended to
restrict vessel traffic from a portion of the Detroit River in the
vicinity of the Renaissance Center and Cobo Hall.
DATES: This rule is effective from 12 a.m. (noon) January 9, 2004,
until 8 p.m. January 19, 2004.
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 CGD09-03-289 and are available for inspection or
copying at Coast Guard Marine Safety Office Detroit, 110 Mt. Elliott
Ave, Detroit, Michigan, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Brandon Sullivan, U.S. Coast
Guard Marine Safety Office Detroit, at (313) 568-9580.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for not publishing an NPRM and
for making this rule effective less than 30 days after publication in
the Federal Register. The Coast Guard was unaware of the need for this
security zone in time to publish an NPRM followed by a temporary final
rule before the effective date. Delaying this rule would be contrary to
the public interest of ensuring the safety of individuals at the North
American International Auto Show.
Background and Purpose
This security zone is necessary to protect the participants at the
North American International Auto Show, as well as the public,
facilities, and the surrounding area from possible sabotage or other
subversive acts. All persons other than those approved by the Captain
of the Port Detroit, or his authorized representative, are prohibited
from entering or moving within this security zone. The Captain of the
Port Detroit may be contacted via VHF Channel 16 for further
instructions before transiting through the restricted area. The Captain
of the Port Detroit's on-scene representative will be the Patrol
Commander. In addition to this publication of the rule in the Federal
Register, the public will be made aware of the existence of this
security zone, exact location and the restrictions involved, via
Broadcast Notice to Mariners.
Discussion of Temporary Final Rule
This regulation establishes a temporary security zone commencing
[[Page 1528]]
on the shore-side of Cobo Hall, at 42[deg]19'26.6'' N,
083[deg]03'06.6'' W; then extending offshore at 160[deg]T to the Third
St. junction buoy at 42[deg]19'24.2'' N, 83[deg]03'4.7'' W; then
northeast at 073[deg]T to the Griswold St. junction buoy at
42[deg]19'31'' N, 83[deg]02'34.1'' W; then northeast at 071[deg]T to
42[deg]19'40'' N, 083[deg]02'00'' W; then north at 000[deg]T to a point
on land at 42[deg]19'46.3'' N, 083[deg]02'00'' W (near Atwater Customs
station); then southeast following the shoreline back to the point of
origin. These coordinates are based upon North American Datum 1983 (NAD
83). This security zone will be enforced from 12 a.m. (noon) on January
9, 2004, until 8 p.m. on January 19, 2004.
Regulatory Evaluation
This temporary final 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. The Office of Management and Budget has exempted it from
review under that order. It is not significant under the regulatory
policies and procedures of the Department of Homeland Security. The
Coast Guard expects the economic impact of this proposal to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary final 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.
This temporary security zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. This rule will not obstruct the regular flow of commercial
traffic and will allow vessel traffic to pass around the security zone.
In the event that a commercial vessel desires to transit the area, they
may request permission from the Captain of the Port Detroit to transit
the area. Commercial vessels may only transit the area after receiving
permission from the Captain of the Port Detroit.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this 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 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 temporary final rule would call for no new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
Federalism
We have analyzed this temporary final 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)
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 or more in any
one year. Though this temporary final 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 temporary final rule would 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 temporary final 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 temporary final rule under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. This 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
This temporary final rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this temporary final 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. It has not been designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action.
Environment
We have considered the environmental impact of this temporary final
rule and concluded that, under figure 2-1, paragraph (34)(g), of
Commandant Instruction M16475.lD, this rule is categorically excluded
from further environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
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:
[[Page 1529]]
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T09-289 to read as follows:
Sec. 165.T09-289 Security Zone; Renaissance Center and Cobo Hall,
North American International Auto Show, Detroit River, Detroit, MI.
(a) Location. The following is a temporary security zone: All
waters and adjacent shoreline encompassed by a line commencing on the
shore-side near Cobo Hall, at 42[deg]19'26.6'' N, 083[deg]03'06.6'' W;
then extending offshore at 160[deg]T to the Third St. junction buoy at
42[deg]19'24.2'' N, 83[deg]03'4.7'' W; then northeast at 073[deg]T to
the Griswold St. junction buoy at 42[deg]19'31'' N, 83[deg]02'34.1'' W;
then northeast at 071[deg]T to 42[deg]19'40'' N, 083[deg]02'00'' W;
then north at 000[deg]T to a point on land at 42[deg]19'46.3'' N,
083[deg]02'00'' W (near Atwater Customs station); then southeast
following the shoreline back to the point of origin. These coordinates
are based upon North American Datum 1983 (NAD 83).
(b) Enforcement period. This security zone will be enforced from 12
p.m. (noon) January 9, 2004, until 8 p.m. on January 19, 2004.
(c) Regulations. (1) In accordance with Sec. 165.33, entry into
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port Detroit.
(2) Persons desiring to transit through security zone must contact
the Captain of the Port at telephone number (313) 568-9580/313-568-
9524, or on VHF channel 16 to seek permission prior to transiting the
area. If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port or his or her
designated representative.
Dated: December 31, 2003.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 04-385 Filed 1-8-04; 8:45 am]
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