[Federal Register: January 30, 2006 (Volume 71, Number 19)]
[Rules and Regulations]
[Page 4820-4822]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja06-9]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-001]
RIN 1625-AA87
Security Zone; Superbowl XL, Detroit River, Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone on
the Detroit River, Detroit, Michigan. This zone is intended to restrict
vessels from a portion of the Detroit River in order to ensure the
safety of up to 450,000 people expected to attend Super Bowl XL at Ford
Field as well as related events at Cobo Hall, Hart Plaza and the
Renaissance Center in downtown Detroit.
DATES: This rule is effective from 8 a.m. (local) on January 31, 2006
through 8 a.m. (local) on February 6, 2006.
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 [CGD09-06-001] and are available for inspection or
copying at U.S. Coast Guard Sector Detroit, 110 Mt. Elliott Ave.
Detroit, MI 48207 between 8 a.m. (local) and 4 p.m. (local), Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Cynthia Channell, Waterways
Management, Sector Detroit, 110 Mt. Elliott Ave., Detroit, MI 48207;
(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), the Coast Guard finds that good
cause exists for not publishing an NPRM. The permit application was not
received in time to publish an NPRM followed by a final rule before the
effective date. Under 5 U.S.C. 553(d)(3), good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register. Delaying this rule would be contrary to the public interest
of ensuring the security of the spectators and participants during this
event and immediate action is necessary to prevent possible loss of
life or property. The Coast Guard has not received any complaints or
negative comments previously with regard to this event.
Background and Purpose
This temporary security zone is necessary to ensure the safety of
up to 450,000 people expected to attend Super Bowl XL at Ford Field as
well as related events at Cobo Hall, Hart Plaza and the Renaissance
Center in downtown Detroit.
All persons and vessels, 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, or his authorized on-scene representative, may be
contacted via VHF Channel 16 for further instructions before transiting
through the restricted area. The public will be made aware of the
existence of this security zone and the restrictions involved via
Broadcast Notice to Mariners.
[[Page 4821]]
Discussion of Rule
A temporary security zone is necessary to ensure the safety of up
to 450,000 people that are expected to be attending Super Bowl XL at
Ford Field and related events at Cobo Hall, Hart Plaza and the
Renaissance Center in downtown Detroit. The zone will be in effect from
8 a.m. (local) on January 31, 2006 through 8 a.m. (local) on February
6, 2006.
The security zone will encompass an area of the Detroit River
beginning at a point of land adjacent to Joe Louis Arena, at
42[deg]19'26.6'' N, 083[deg]03'06.6'' W; then extending offshore to the
3rd St. junction buoy at 42[deg]19'24.2'' N, 83[deg]03'4.7'' W; then
northeast through the Griswold St. junction buoy at 42[deg]19'31'' N,
83[deg]02'34.1'' W; then northeast at to 42[deg]19'40'' N,
083[deg]02'00'' W; then north 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. Vessels in close
proximity to the security zone will be subject to increased monitoring
and boarding to ensure the safety of the security zone. All geographic
coordinates are North American Datum of 1983 (NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transit, or anchoring within the security
zone is prohibited unless authorized by the Captain of the Port Detroit
or his designated on-scene representative. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This determination is based on the minimal time that vessels will
be restricted from the zone and that the zone is an area where the
Coast Guard expects insignificant adverse impact to mariners from the
zones'' activation.
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 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 and operators of vessels intending to
transit or anchor in a portion of the Detroit River, Detroit, Michigan,
from 8 a.m. (local) on January 31, 2006 through 8 a.m. (local) on
February 6, 2006.
This 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 this temporary security zone affects shipping, commercial vessels
may request permission from the Captain of the Port Detroit to transit
through the security zone. The Coast Guard will give notice to the
public via a Broadcast to Mariners that the regulation is in effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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 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 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.
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 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 rule will not effect 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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations that
[[Page 4822]]
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 procedure; and related management
system 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.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides 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 there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. This event
establishes a safety zone, therefore, paragraph (34)(g) of the
Instruction applies.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
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:
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. A new temporary section 165.T09-001 is added as follows:
Sec. 165.T09-001 Security Zone; Superbowl XL, Detroit River, Detroit,
MI
(a) Location: The following area is a temporary security zone: An
area of the Detroit River beginning at a point of land adjacent to Joe
Louis Arena, at 42[deg]19'26.6'' N, 083[deg]03'06.6'' W; then extending
offshore to the 3rd St. junction buoy at 42[deg]19'24.2'' N,
83[deg]03'4.7'' W; then northeast through the Griswold St. junction
buoy at 42[deg]19'31'' N, 83[deg]02'34.1'' W; then northeast at
42[deg]19'40'' N, 083[deg]02'00'' W; then north 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. All
geographic coordinates are North American Datum of 1983 (NAD 83).
(b) Effective period. This regulation is effective from 8 a.m.
(local) on January 31, 2006 until 8 a.m. (local) on February 6, 2006.
(c) Regulations. (1) In accordance with the general regulations in
section 165.33 of this part, entry into, transiting, or anchoring
within this security zone is prohibited unless authorized by the
Captain of the Port Detroit, or his designated on-scene representative.
(2) This security zone is closed to all vessel traffic, except as
may be permitted by the Captain of the Port Detroit or his designated
on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
(4) Vessel operators desiring to enter or operate within the
security zone shall contact the Captain of the Port Detroit or his on-
scene representative to obtain permission to do so. Vessel operators
given permission to enter or operate in the security zone shall comply
with all directions given to them by the Captain of the Port Detroit or
his on-scene representative.
Dated: January 11, 2006.
P.W. Brennan,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 06-811 Filed 1-27-06; 8:45 am]
BILLING CODE 4910-15-P