[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Rules and Regulations]
[Pages 30708-30710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13118]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0174]
RIN 1625-AA00
Safety Zone; Red Bull Air Race, Detroit River, Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is 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: This rule is effective from 9 a.m. on June 3, 2010 through 6:30
p.m. on June 6, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0174 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0174 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail CDR Joseph Snowden, Prevention Department, Sector
Detroit, Coast Guard; telephone (313) 568-9508, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 5, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Red Bull Air Race, Detroit River, Detroit,
MI in the Federal Register (75 FR 17106). We received zero comments on
the proposed rule. No public meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because delaying the effective date
would be contrary to the public interest due to the need to protect the
public from the dangers associated with air racing.
Basis and Purpose
This temporary safety zone is necessary to ensure the safety of
vessels and the public from hazards associated with an air race. The
Captain of the Port Detroit has determined 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
recreational vessels, airplanes traveling at high speeds and performing
aerial acrobatics, and large numbers of spectators in close proximity
on the water could easily result in serious injuries or fatalities.
Establishing a safety zone around the location of the race's course
will help ensure the safety of persons and property at these events and
help minimize the associated risks.
Discussion of the Rule
The Coast Guard is establishing a temporary safety zone on the
specified 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 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).
This rule will be enforced for approximately six hours each day of
its effective period. Additionally, prior to the event, local sailing
and yacht clubs will be provided with information by Coast Guard
Station Belle Isle on what to expect during the event. Station Belle
Isle will do this in order to minimize interruptions in the normal
business practices of local sailing and yacht clubs. In the event this
temporary safety zone affects shipping, commercial vessels may request
permission from the Captain of the Port (COTP) 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 Detroit will suspend enforcement of the safety
zone if the event for which the zone is established ends earlier than
the expected time.
[[Page 30709]]
Discussion of Comments and Changes
We received no comments with regard to this rule and no changes
have been made to this rule.
Regulatory Analyses
We developed this 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 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.
Although this temporary rule restricts access to the safety zone,
the effect of the rule will not be significant because: (i) The minimal
time that vessels will be restricted from the zone; (ii) the zone is an
area where the Coast Guard expects insignificant adverse impact to
mariners from the zone's activation; and (iii) vessels may request
permission from the COTP 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.
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 might
be small entities: The owners or operators of vessels intending to
transit or anchor in the portion of the Detroit River discussed above
between 9 a.m. June 3, 2010 through 6:30 p.m. June 6, 2010.
This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This rule will be enforced for approximately six hours each
day of its effective period. Additionally, small entities such as
passenger vessels have been involved in the planning stages of this
event and have had opportunities to make alternate arrangements with
regards to mooring positions and business operations during the hours
this safety zone will be in effect. Prior to the event, local sailing
and yacht clubs will be provided with information by Coast Guard
Station Belle Isle on what to expect during the event. Station Belle
Isle will do this in order to minimize interruptions in the normal
business practices of local sailing and yacht clubs. 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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). We did not
receive any comments for this section.
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 rule under
that Order and have determined that it does not have implications for
federalism. We did not receive any comments for this section.
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 rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble. We did not receive any comments for this section.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights. We did not receive any comments for this section.
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. We did not receive any comments
for this section.
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. We did not receive any comments for
this section.
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. We did not receive
any comments for this section.
[[Page 30710]]
Energy Effects
We have analyzed this 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. We did not receive any comments for this
section.
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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards. We did not receive
any comments for this section.
Environment
We have analyzed this 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 concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping 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, 3306,
3703; 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.T09-0174 to read as follows:
Sec. 165.T09-0174 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 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).
(b) Effective Period. This regulation is effective from 9 a.m. on
June 3, 2010 through 6:30 p.m. on June 6, 2010. The safety zone will be
enforced daily from 9 a.m. to 6:30 p.m. on June 3, 2010 through June 6,
2010.
(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. 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: May 7, 2010.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2010-13118 Filed 6-1-10; 8:45 am]
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