[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Rules and Regulations]
[Pages 66054-66055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27609]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-523]
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.

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SUMMARY: The Coast Guard is removing the permanent security zone on the 
navigable waters of Lake St. Clair around the Selfridge Air National 
Guard Base. This security zone is no longer necessary to protect the 
Selfridge Army National Guard Base from possible acts of terrorism. 
This security zone will no longer restrict vessel traffic from areas of 
Lake St. Clair in the vicinity of Selfridge Army National Guard Base.

DATES: This rule is effective on October 30, 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 CGD09-02-523 and are available for inspection or 
copying at U.S. 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; Captain of the Port Detroit Zone, 
Selfridge Army National Guard Base, Lake St. Clair'' in the Federal 
Register (67 FR 17667). Following that on June 7, 2002, we published a 
final rule with the same title in the Federal Register (67 FR 39294). 
We also published a correction to the final rule with same title in the 
Federal Register updating the section numbers (67 FR 47299, July 18, 
2002). We received no letters commenting on either the proposed, final, 
or correction to the final rule. No public hearing was requested, and 
none was held.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, and, under 5 U.S.C. 553 
(d)(3), good cause exists for making this rule effective less than 30 
days after publication in the Federal Register. In response to the 
terrorist's attacks on September 11, 2001, the Coast Guard implemented 
security zones around critical facilities throughout the U.S. One such 
facility was the Selfridge Army National Guard Base. This security zone 
was established at the request of Commander, Selfridge Air National 
Guard Base. Due to recent improvements and additions to base security, 
Commander, Selfridge Air National Guard Base has indicated that the 
security zone is no longer necessary. As such, the Coast Guard is 
removing this security zone and thereby reducing the restriction placed 
on the public of not having access to this portion of Lake St. Clair.

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, we published a NPRM followed by a final rule to 
establish a permanent security zone off the waters of Selfridge Army 
National Guard Base in Harrison Township, Michigan.
    This security zone was believed to be necessary to ensure the 
protection of 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, were prohibited from entering or moving within this 
zone. In addition to publication in the Federal Register, the public 
was made aware of the existence of this security zone, exact location 
and the restrictions involved via the Broadcast Notice to Mariners.
    Due to recent improvements and enhancements to base security at 
Selfridge Air National Guard base, the Commanding Officer of that base 
no longer believes the security zone is necessary. The security zone 
provided the necessary barrier while the base improved its security, 
but now that such improvements have been completed, adequate security 
can be provided by security personnel. As the request by the U.S. Army 
Garrison Commander was the primary factor for establishment of the 
security zone and this justification no longer exists, Captain of the 
Port Detroit is removing this security zone. The U.S. Army Garrison 
Commander concurs with the COTP decision.

Discussion of Final Rule

    This final rule will remove the security zone from the waters of 
Lake St. Clair off Selfridge 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

[[Page 66055]]

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.

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


Sec.  165.908  [Removed]

    2. Remove Sec.  165.908.

    Dated: October 21, 2002.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 02-27609 Filed 10-29-02; 8:45 am]
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