[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Rules and Regulations]
[Pages 1065-1067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-89]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-1133]
RIN 1625-AA87
Security Zone; 23rd Annual 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 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 participants, visitors and public officials at the 23rd
Annual North American International Auto Show (NAIAS) being held at
Cobo Hall in downtown Detroit, MI.
DATES: This rule is effective from 9 a.m. (local) on January 10, 2011,
through 10 p.m. (local) on January 23, 2011.
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-2010-1133 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-1133 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
temporary rule, call or e-mail LT Katie Stanko, 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
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because delaying this rule would be contrary
to the public interest of ensuring the security of the spectators and
participants during this event should immediate action be necessary to
prevent possible loss of life or property.
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. Delaying this rule would be
contrary to the public interest of ensuring the security of the
spectators and participants during this event should immediate action
be necessary to prevent possible loss of life or property.
Background and Purpose
This temporary security zone is necessary to ensure the safety of
the participants, visitors of the 23rd Annual North American
International Auto Show (NAIAS) being held at Cobo Hall in downtown
Detroit, MI from possible sabotage or other subversive acts. The public
showing days of the NAIAS begin January 15 and extend through January
23. Prior to the public showing, there will also be multiple high
profile events; including the press preview days (January 10-11, 2011),
industry preview days (January 12-13, 2011), and the charity preview
event (January 14, 2011). In 2010, the NAIAS attendance for the public
showing was over 650,000 people and industry preview days attracted
nearly 16,000 people representing 1,700 companies from 23 countries.
Attendance and participation at the 2011 NAIAS is anticipated to rival
last year's attendance and will likely be one of the largest media
events in North America. Given the expected number of attendees, which
includes high-profile visitors, at this event and the recent terrorist
threats directed toward the City of Detroit, the Coast Guard is
establishing and enforcing a security zone to safeguard the waterways
from destruction, loss, or injury from sabotage or other subversive
acts.
All persons other than those approved by the Captain of the Port
Detroit, or his authorized on-scene 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
[[Page 1066]]
made aware of the existence of this security zone and the restrictions
involved via Broadcast Notice to Mariners.
Discussion of Rule
A temporary security zone is necessary to ensure the safety of the
participants and visitors of the 23rd Annual North American
International Auto Show being held at Cobo Hall in downtown Detroit, MI
from possible sabotage or other subversive acts. This security zone
regulation will be in effect from 9 a.m. on January 10, 2011 through 10
p.m. on January 23, 2011. The zone will be enforced from 9 a.m. to 5
p.m. daily for the duration of the event.
The security zone will encompass an area of the Detroit River
encompassed by a line beginning at a point of origin on land adjacent
to the west end of Joe Lewis Arena at 42[deg]19.44' N, 083[deg]03.11'
W; then extending offshore approximately 150 yards to 42[deg]19.39' N,
083[deg]03.07' W; then proceeding upriver approximately 2,000 yards to
a point at 42[deg]19.72' N, 083[deg]01.88' W; then proceeding onshore
to a point on land adjacent the Tricentennial State Park at
42[deg]19.79' N, 083[deg]01.90' W; then proceeding downriver along the
shoreline to connect back to the point of origin. Vessels in close
proximity to the security zone will be subject to increased monitoring
and boarding. 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 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.
We expect the economic impact of this proposed 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 short time that vessels will be restricted from the area of water
impacted by the safety zone. Moreover, vessels may still transit freely
in Canadian waters adjacent to the security zone.
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 or operators of vessels intending to transit
or anchor in a portion of the Detroit River, Detroit, Michigan,
beginning at a point of origin on land at 42[deg]19.44' N,
083[deg]03.11' W; then extending offshore approximately 150 yards to
42[deg]19.39' N, 083[deg]03.07' W; then proceeding upriver
approximately 2,000 yards to a point at 42[deg]19.72' N, 083[deg]01.88'
W; then proceeding onshore to a point on land at 42[deg]19.79' N,
083[deg]01.90' W; then returning to the point of origin from 9 a.m.
January 10, 2011 through 10 p.m. on January 23, 2011.
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 offer to assist small
entities in understanding the rule so that they can 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).
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.
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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
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.
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.
[[Page 1067]]
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.
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 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
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.
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 security
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. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 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 a new temporary section 165.T09-1133 as follows:
Sec. 165.T09-1133 Security Zone; 23rd Annual North American
International Auto Show, Detroit River, Detroit, MI.
(a) Location. The following area is a temporary security zone: An
area of the Detroit River encompassed by a line beginning at a point of
origin on land adjacent to the west end of Joe Lewis Arena at
42[deg]19.44' N, 083[deg]03.11' W; then extending offshore
approximately 150 yards to 42[deg]19.39' N, 083[deg]03.07' W; then
proceeding upriver approximately 2,000 yards to a point at
42[deg]19.72' N, 083[deg]01.88' W; then proceeding onshore to a point
on land adjacent to the Tricentennial State Park at 42[deg]19.79' N,
083[deg]01.90' W; then proceeding downriver along the shoreline to
connect back to the point of origin on land adjacent to the west end of
the Joe Louis Arena. All geographic coordinates are North American
Datum of 1983 (NAD 83).
(b) Effective and enforcement period. This section is effective
from 9 a.m. on January 10, 2011, until 10 p.m. on January 23, 2011. The
security zone will be enforced from 9 a.m. to 5 p.m. daily from January
10, 2011, through January 23, 2011.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 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.
(5) 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: December 23, 2010.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2011-89 Filed 1-6-11; 8:45 am]
BILLING CODE 9110-04-P