[Federal Register Volume 67, Number 70 (Thursday, April 11, 2002)]
[Proposed Rules]
[Pages 17667-17669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8786]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-004]
RIN 2115-AA97


Security Zone; Captain of the Port Detroit Zone, Selfridge Air 
National Guard Base, Lake St. Clair

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a permanent security 
zone on the navigable waters of Lake St. Clair in the Captain of the 
Port Detroit Zone. This security zone is necessary to protect the 
Selfridge Air National Guard Base from possible acts of terrorism. This 
security zone is intended to restrict vessel traffic from a 
predetermined and specific area in Lake St. Clair off of Selfridge Air 
National Guard Base.

DATES: Comments and related material must reach the Coast Guard on or 
before May 13, 2002.

ADDRESSES: You may mail comments to U.S. Coast Guard Marine Safety 
Office Detroit, 110 Mt. Elliott Ave, Detroit, Michigan 48207. The 
telephone number is (313) 568-9580. Marine Safety Office Detroit 
maintains the public docket for this rulemaking. Comments and materials 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) Brandon 
Sullivan, U.S. Coast Guard Marine Safety Office Detroit, 110 Mt. 
Elliott Ave, Detroit, Michigan 48207, (313) 568-9580.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD09-02-
004), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to U.S. Coast Guard Marine Safety 
Office Detroit at the address under ADDRESSES explaining why one 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

    On September 11, 2001, the United States was the target of 
coordinated attacks by international terrorists resulting in 
catastrophic loss of life, the destruction of the World Trade Center 
and significant damage to the Pentagon. National security and 
intelligence officials warn that future terrorists attacks are likely.
    We propose to establish a permanent security zone in the waters off 
of Selfridge Air National Guard Base in Harrison Township, Michigan. 
The security zone commences at the northeast corner of Selfridge Air 
National Guard Base at 42 deg. 37.8' N, 082 deg. 49.1' W; then eastward 
approximately one half mile from shore to 42 deg. 37.8' N, 082 deg. 
48.45' W, then south to 42 deg. 37.2' N, 082 deg. 48.45' W, then 
southeast to 42 deg. 36.8' N, 082 deg. 47.2' W, then southwest to Mac 
and Rays Marina 42 deg. 36.4' N, 082 deg. 47.9' W. These coordinates 
are based upon North American Datum 1983 (NAD 83). The westerly 
boundary is the shoreline of Selfridge Air National Guard Base.
    This security zone is necessary to protect the public, facilities, 
and the surrounding area from possible sabotage or other subversive 
acts. All persons other than those approved by the Captain of the Port 
Detroit, or his authorized representative, are prohibited from entering 
or moving within this zone. The Captain of the Port Detroit may be 
contacted via VHF Channel 16 for further instructions before transiting 
through the restricted area. The Captain of the Port Detroit's on-scene 
representative will be the patrol commander. In addition to publication 
in the Federal Register, the public will be made aware of the existence 
of this security zone, exact location and the restrictions involved, 
via Broadcast Notice to Mariners.

Discussion of Proposed Rule

    Following the catastrophic nature and extent of damage realized 
from the attacks of September 11, this proposed rulemaking is necessary 
to protect the national security interests of the United States against 
future attacks.
    On September 24, 2001 we published a temporary final rule 
establishing a security zone on the waters around Selfridge Air 
National Guard Base (66 FR 48796), which was later amended on October 
18, 2001 (66 FR 52851). The current rulemaking proposes to establish a 
permanent security zone in place of that temporary security zone. This 
regulation proposes to establish permanent security zone for the waters 
off of Selfridge Air National Guard Base in Harrison Township, 
Michigan, commencing at the northeast corner of Selfridge Air National 
Guard Base at 42 deg. 37.8' N, 082 deg. 49.1' W; then eastward 
approximately one half mile from shore to 42 deg. 37.8' N, 082 deg. 
48.45' W; then south to 42 deg. 37.2' N, 082 deg. 48.45' W; then 
southeast to 42 deg. 36.8' N, 082 deg. 47.2' W; then southwest to Mac 
and Rays Marina 42 deg. 36.4' N, 082 deg. 47.9' W. These coordinates 
are based upon North American Datum 1983 (NAD 83). The westerly 
boundary is the shoreline of Selfridge Air National Guard Base.

Regulatory Evaluation

    This proposed 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), 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

[[Page 17668]]

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 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.
    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 the office listed in ADDRESSES 
in this preamble.
    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 proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under Executive Order 13132, 
Federalism, and have determined that this rule does not have 
implications for federalism under that Order.

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 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 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

    The Coast Guard has 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

    The Coast Guard has 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. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Environment

    The Coast Guard has considered the environmental impact of this 
proposed rule and concluded that, under figure 
2-1, paragraph (34) (g), of Commandant Instruction M16475.lC, 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping 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: 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; 49 CFR 1.46.


Sec. 165.T09-998  [Removed]

    2. Remove Sec. 165.T09-998
    3. Add Sec. 165.910 to read as follows:


Sec. 165.910  Security Zone; Captain of the Port Detroit Zone, 
Selfridge Air National Guard Base.

    (a) Location. The following is a security zone: Commencing at the 
northeast corner of Selfridge Air National Guard Base at 42 deg.37.8' 
N, 082 deg.49.1' W; then eastward approximately one half mile from 
shore to 42 deg.37.8' N, 082 deg.48.45' W; then south to 42 deg.37.2' 
N, 082 deg.48.45' W; then southeast to 42 deg.36.8' N, 082 deg.47.2' W; 
then southwest to Mac and Rays Marina 42 deg.36.4' N, 082 deg.47.9' W 
(NAD 83). The westerly boundary is the shoreline of Selfridge Air 
National Guard Base.
    (b) Regulations. (1) In accordance with Sec. 165.33, entry into 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port Detroit. Section 165.33 also contains other general 
requirements.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port Detroit at telephone number (313) 568-
9580, or on VHF/FM channel 16 to seek permission to transit the area. 
If permission is granted, all persons and vessels shall comply with

[[Page 17669]]

the instructions of the Captain of the Port or his or her designated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

    Dated: April 4, 2002.
P. G. Gerrity,
Commander, Coast Guard, Captain of the Port Detroit.
[FR Doc. 02-8786 Filed 4-10-02; 8:45 am]
BILLING CODE 4910-15-U