[Federal Register: April 16, 2009 (Volume 74, Number 72)]
[Proposed Rules]
[Page 17627-17630]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap09-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0089]
RIN 1625-AA00
Safety Zone; Red Bull Air Race, Detroit River, Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing a temporary safety zone
on the Detroit River, Detroit, Michigan. This Zone is intended to
restrict vessels from portions of the Detroit River during the Red Bull
Air Race. This temporary safety zone is necessary to protect spectators
and vessels from the hazards associated with air races.
DATES: Comments and related material must be received by the Coast
Guard on or before May 1, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0089 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 CDR Joseph Snowden, Prevention Department, Sector
Detroit, Coast Guard; telephone (313) 568-9580, e-mail
Joseph.H.Snowden@uscg.mil. 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:
[[Page 17628]]
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-2009-0089), 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. A comment submitted
online via http://www.regulations.gov will be considered received by
the Coast Guard when the comment is successfully transmitted; a comment
submitted via fax, hand delivery, or mail, will be considered as having
been received by the Coast Guard when the comment 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,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0089'' in the Docket ID box, press Enter,
and 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[frac12] 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,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0089 in the Docket ID box, press Enter, and
then click on the item in the Docket ID 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 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
The proposed temporary safety zone is necessary to ensure, to the
extent practicable, the safety of vessels and the public from hazards
associated with an air race. The Captain of the Port Detroit has
determined that air races in close proximity to watercraft and
infrastructure pose a significant risk to public safety and property.
The likely combination of large numbers of recreation vessels,
airplanes traveling at high speeds and performing aerial acrobatics,
and large numbers of spectators in close proximity on the water could
result in serious injuries or fatalities. Establishing a safety zone
around the location of the race course will help ensure the safety of
persons and property at these events and help minimize the associated
risks. Likewise, the Windsor Port Authority intends to restrict vessel
movement on the Canadian side of the Detroit River. The exclusionary
area on the Canadian side will be aligned with the east and west
borders of the U.S. safety zone and will extend to the shoreline along
Windsor, ON.
Discussion of Proposed Rule
This proposed rule is intended to ensure safety of the public and
vessels during the setup, course familiarization, time trials, and race
in conjunction with the Red Bull Air Race. The air race and associated
set-up and removal will occur between 9 a.m., June 11, 2009 and 6:30
p.m., June 14, 2009. The safety zone will be enforced daily from 9 a.m.
to 6:30 p.m., June 11th through 14th, 2009. Specifically, on June 11-
12, 2009, the river closure will be enforced as needed and therefore
will be intermittent. On June 13, 2009, the river closure will total no
more than 5 hours between the hours of 9 a.m. to 6:30 p.m. On June 14,
2009, the river closure will total no more than 6 hours between the
hours of 9 a.m. to 6:30 p.m. The Coast Guard expects to have additional
information from the event organizer before publication of the final
rule, and expects to provide more specific information in the final
rule regarding hours of enforcement for each day.
The safety zone will encompass all navigable waters of the United
States on the Detroit River, Detroit, MI, bound by a line extending
from a point on land southwest of Joe Louis Arena at position
42[deg]19.4' N; 083[deg]3.3' W, northeast along the Detroit shoreline
to a point on land at position 42[deg]20.0' N; 083[deg]1.2' W,
southeast to the international border with Canada at position
42[deg]19.8' N 083[deg]1.0' W, southwest along the international border
to position 42[deg]19.2' N; 083[deg]3.3' W, and northwest to the point
of origin at position 42[deg]19.4' N; 083[deg]3.3' W. (DATUM: NAD 83).
The Captain of the Port will cause notice of enforcement of the safety
zone established by this section to be made by all appropriate means to
the affected segments of the public. Such means of notification will
include, but are not limited to, Broadcast Notice to Mariners and Local
Notice to Mariners. The Captain of the Port will issue a broadcast
Notice to Mariners notifying the public when enforcement of the safety
zone is terminated.
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.
[[Page 17629]]
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is an area where the Coast
Guard expects minimal adverse impact to mariners from the zone's
activation.
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.
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 rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in the above portion of the Detroit River between 9 a.m. and
6 p.m. on June 11, through June 14, 2009.
The proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This rule will be in effect for approximately six hours each
day of the race. Additionally, small entities such as passenger
vessels, have been involved in the planning stages for this event and
have had ample time to make alternate arrangements with regards to
mooring positions and business operations during the hours this safety
zone will be in place. Furthermore, local sailing and yacht clubs will
be notified prior to the event, by Coast Guard Station Belle Isle, with
information on what to expect during the event with the intention of
minimizing interruptions in their normal business practices. In the
event that this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Detroit to
transit through the safety zone. The Coast Guard will give notice to
the public via a Broadcast Notice to Mariners that the regulation is in
effect. Additionally, the COTP will suspend enforcement of the safety
zone if the event, for which the zone is established, ends earlier than
the expected time.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 CDR Joseph Snowden, Prevention
Department, Sector Detroit, Coast Guard; telephone (313) 568-9580, e-
mail Joseph.H.Snowden@uscg.mil. 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 would call 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 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 would 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 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 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 proposed 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 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
[[Page 17630]]
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 0023.1 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 which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of a safety zone. Based on our
preliminary determination, 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. Because this
event establishes a safety zone, paragraph (34)(g) of the Instruction
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 record
keeping 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. 1226, 1231; 46 U.S.C. 3306, 3703 and
Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
2. Section 165.T09-0089 is added to read as follows:
Sec. 165.T09-0089 Safety Zone; Red Bull Air Race, Detroit River,
Detroit, MI.
(a) Location. The following area is a temporary safety zone: All
U.S. waters of the Detroit River, Detroit, MI, bound by a line
extending from a point on land southwest of Joe Louis Arena at position
42[deg]19.4' N; 083[deg]3.3' W, northeast along the Detroit shoreline
to a point on land at position 42[deg]20.0' N; 083[deg]1.2' W,
southeast to the international boarder with Canada at position
42[deg]19.8' N 083[deg]1.0' W, southwest along the international border
to position 42[deg]19.2' N; 083[deg]3.3' W, and northwest to the point
of origin at position 42[deg]19.4' N; 083[deg]3.3' W. (DATUM: NAD 83).
(b) Enforcement Period. The safety zone will be enforced daily from
9 a.m. to 6:30 p.m. on June 11, 2009 through June 14, 2009.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit, or his designated on-scene representative.
(2) This safety 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 safety
zone shall contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so.
(5) Vessel operators given permission to enter or operate in the
safety zone must comply with all directions given to them by the
Captain of the Port or his on-scene representative.
Dated: March 26, 2009.
J.D. Jenkins,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. E9-8759 Filed 4-15-09; 8:45 am]
BILLING CODE 4910-15-P