[Federal Register Volume 66, Number 185 (Monday, September 24, 2001)]
[Rules and Regulations]
[Pages 48795-48796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23712]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-129]
RIN 2115-AA97


Security Zone; Selfridge Air National Guard Base, MI

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a security zone. The security 
zone has been implemented in Lake St. Clair in the vicinity of 
Selfridge Air National Guard Base in Michigan. The zone extends one 
half mile from shore, between the Hall Road launch ramp and the 
entrance to Mac and Rays Marina, where Coast Guard vessels will be 
patrolling. The security zone is needed to protect the Selfridge area 
from terrorist threats.

DATES: This final rule becomes effective at 2 p.m. on September 11, 
2001.

ADDRESSES: You may mail comments to the Captain of the Port, Detroit, 
Michigan, or deliver them to the Coast Guard Marine Safety Office, 110 
Mt. Elliott Ave, Detroit, Michigan. The telephone number is (313) 568-
9580. Marine Safety Office, Detroit maintains the public docket. 
Comments and documents as indicated in this preamble will be available 
for inspection or copying between 9:30 a.m. and 2 p.m., Monday through 
Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: ENS Brandon Sullivan, U.S. Coast Guard 
Marine Safety Office, 110 Mt. Elliott Ave, Detroit, Michigan 48207. The 
telephone number is (313) 568-9580.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days after 
publication in the Federal Register. Publication of a notice of 
proposed rulemaking and delay of effective date would be contrary to 
the public interest because immediate action is necessary to ensure the 
public safety from terrorist activity.

Background and Purpose

    Due to recent terrorist attacks the Captain of the Port Detroit has 
deemed this security zone appropriate to ensure public safety. Entry 
into, transit through or anchoring within this security zone is 
prohibited unless authorized by the Captain of the Port, Detroit or his 
on scene representative which may be contacted on VHF Channel 16.

Regulatory Evaluation

    This 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 Transportation (DOT) (44 FR 11040, 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) the Coast 
Guard considered whether this rule will have a significant impact on a 
substantial number of small businesses and not-for-profit organizations 
that are not dominant in their respective fields, and governmental 
jurisdictions with populations less than 50,000. For the same reasons 
set forth in the above regulatory evaluation, the Coast Guard certifies 
under 5 U.S.C. 605(b) that this final rule will not have a significant 
economic impact on a substantial number of small entities.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effectiveness and participate in the rulemaking 
process. If your small business or organization is affected by this 
rule, and you have questions concerning its provisions or options for 
compliance, please contact the office listed in ADDRESSES in this 
preamble.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 13132 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

[[Page 48796]]

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 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 rule meets the 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

    The Coast Guard has 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.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A written categorical exclusion 
determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

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 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:
    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C.1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 6.04-
1, 6.04-6, 160.5; and 49 CFR 1.46.


    2. A new Sec. 165.T09-998 is added to read as follows:


Sec. 165.T09-998  Security Zone: Selfridge Army National Guard Base, 
Michigan.

    (a) Location. The following area is a Security Zone: The waters off 
Selfridge Army National Guard Base in Michigan one half mile from shore 
between the Hall Road Launch Ramp and the entrance to Mac and Rays 
Marina.
    (b) Effective dates. This section becomes effective at 2 p.m. 
September 11, 2001.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the Coast Guard. Upon being hailed by a U.S. 
Coast Guard vessel via siren, radio, flashing light, or other means, 
the operator shall proceed as directed. Coast Guard Auxiliary and local 
or state officials may be present to inform vessel operators of this 
regulation and other applicable laws.
    (3) Commercial vessels may request permission to transit the safety 
zone from the Captain of the Port Detroit. Approval in such cases will 
be case by case. Request must be made in advance to and approved by the 
Captain of the Port before such transits will be authorized.

    Dated: September 11, 2001.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 01-23712 Filed 9-21-01; 8:45 am]
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