[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39294-39296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14268]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-004]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing 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 
Army National Guard Base from possible acts of terrorism. This security 
zone is intended to restrict vessel traffic from predetermined and 
specific areas off of Selfridge Army National Guard Base in Lake St. 
Clair.

DATES: This rule is effective June 7, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD09-02-004 and are available for inspection or 
copying at Coast Guard Marine Safety Office, 110 Mt. Elliott Ave, 
Detroit, Michigan between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal Holidays. The telephone number is (313) 568-9580.

FOR FURTHER INFORMATION CONTACT: LTJG Brandon Sullivan, U.S. Coast 
Guard Marine Safety Office Detroit, at (313) 568-9580.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 11, 2002, we published a Notice of Proposed Rulemaking 
(NPRM) entitled Security Zone; Selfridge Army National Guard Base, MI. 
in the Federal Register (67 FR 17667). We received no letters 
commenting on the proposed rule. No public hearing 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. In response to the terrorists 
attacks on September 11, 2001, the Coast Guard implemented temporary 
security zones around critical facilities throughout the U.S. One such 
facility was the Selfridge Army National Guard Base. A security zone 
around the Selfridge Army National Guard Base helps protect against the 
subversive type of activity that resulted in the World Trade Center and 
Pentagon attacks. Since the temporary security zone will expire on June 
15, 2002, in order to continue ensuring security at the Selfridge Army 
National Guard Base, this final rule must be implemented prior to the 
June 15 expiration. (See 66 FR 52851, October 18, 2001). As such, it is 
necessary to make this rule effective less than 30 days after 
publication.

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. 
To protect from such, this regulation will establish a permanent 
security zone off the waters of Selfridge Army National Guard Base in 
Harrison Township, Michigan.
    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 Final Rule

    Following the catastrophic nature and extent of damage realized 
from the attacks of September 11, this rulemaking is necessary to 
protect the national security interests of the United States against 
future public and governmental targets.
    On April 11, 2002 the Coast Guard published a Notice of Proposed 
Rulemaking for a permanent security zone off of the Army National Guard 
Base (33 CFR 165.910) This regulation will establish a permanent 
security zone on the waters off of Selfridge Army National Guard Base 
in Michigan, commencing at the northeast corner of Selfridge Army 
National Guard Base at 42 deg.37.8' N, 082 deg.49.1' W; east to 
42 deg.37.8' N, 082 deg.48.45' W (approximately one half mile from 
shore; south to 42 deg.37.2'

[[Page 39295]]

N, 082 deg.48.45' W; then southeast to 42 deg.36.8' N, 082 deg.47.2' W; 
then southwest to 42 deg.36.4' N, 082 deg.47.9' W (northeast corner of 
the Westside breakwall at the entrance to Mac and Rays Marina); then 
following the shoreline back to the beginning. The south and western 
boundaries are the shoreline of Selfridge Army National Guard Base.

Regulatory Evaluation

    This final 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 final 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 final 
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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this final 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 final 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 final 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 final 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 final 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 final 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 final 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 final 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 final 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.

Environment

    We have considered the environmental impact of this final 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.

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 amends 
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. 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. 165.908  Security Zones; Captain of the Port Detroit Zone, 
Selfridge Army National Guard Base.

    (a) Location. The following is a security zone: All waters and 
adjacent shoreline of Lake St. Clair encompassed

[[Page 39296]]

by a line commencing at the northeast corner of Selfridge Army National 
Guard Base at 42 deg.37.8[min] N, 082 deg.49.1[min] W; east to 
42 deg.37.8[min] N, 082 deg.48.45[min] W (approximately one half mile 
from shore); south to 42 deg.37.2[min] N, 082 deg.48.45[min] W; then 
southeast to 42 deg.36.8[min] N, 082 deg.47.2[min] W; then southwest to 
42 deg.36.4[min] N, 082 deg.47.9[min] W (northeast corner of the 
Westside breakwall at the entrance to Mac and Rays Marina); then 
following the shoreline back to the beginning.
    (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 at telephone number (313) 568-9580, or 
on VHF channel 16 to seek permission to transit the area. If permission 
is granted, all persons and vessels shall comply with 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: May 31, 2002.
P.G. Gerrity,
Commander, Coast Guard, Captain of the Port Detroit.
[FR Doc. 02-14268 Filed 6-6-02; 8:45 am]
BILLING CODE 4910-15-P