[Federal Register Volume 68, Number 140 (Tuesday, July 22, 2003)]
[Rules and Regulations]
[Pages 43308-43309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18524]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-245]
RIN 1625-AA00


Safety Zone; Selfridge ANGB Air Show, Harrison Twp., MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone during 
the Selfridge ANGB Air Show on July 24, 25, and 26, 2003. This safety 
zone is necessary to prevent waterway distractions during the 
Thunderbird aircraft aerial display, as required by the Federal 
Aviation Administration. The safety zone is intended to restrict vessel 
traffic in a portion of the Clinton River during specific periods on 
the affected dates. Specific closure periods will be announced via 
Broadcast Notice to Mariners on VHF Channel 16. Only authorized vessels 
are permitted to enter or remain within the safety zone.

DATES: This rule is effective from 4:30 p.m. on July 24, 2003, until 3 
p.m. on July 26, 2003.

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 CGD09-03-245 and are available for inspection or 
copying at: U.S. Coast Guard Marine Safety Office Detroit, 110 Mt. 
Elliott St., Detroit, MI 48207, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Brandon Sullivan, U. S. Coast 
Guard Marine Safety Office Detroit, at (313) 568-9558.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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), 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register. 
The permit application was not received in time to publish an NPRM 
followed by a final rule before the effective date. Delaying this rule 
would be contrary to the public interest of ensuring the safety of 
spectators and vessels during this event and immediate action is 
necessary to prevent possible loss of life or property. In addition, 
the Federal Aviation Administration requires certain safety precautions 
be in place prior to particular airshows, this rule ensures some of 
those precautions are in place.

Background and Purpose

    A temporary safety zone is necessary to ensure the safety of 
recreational watercraft and air show participants from the hazards 
associated with aerial displays as required by the Federal Aviation 
Administration. The combination of waterway distractions, and aerial 
displays, could easily result in serious injuries or fatalities. 
Establishing a temporary safety zone to control vessel movement through 
a portion of the Clinton River will help ensure the safety of persons 
and property at this event and help minimize the associated risk.
    The temporary safety zone will encompass all waters approximately 4 
miles West of the mouth of the Clinton River from a center point from 
the West at position 42[deg]35.4' N, 082[deg]50.3' W, and extending to 
the north and south shorelines of the Clinton River; from the East at 
center point position 42[deg]35.8' N, 082[deg]49.8' W to the north and 
south shorelines of the Clinton River. These coordinates are based upon 
North American Datum (NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on scene patrol 
representative. Entry into, transiting, or anchoring within the safety 
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 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 not reviewed this rule under that 
Order. It is not ``significant'' under the regulatory policies and 
procedures of the Department of Homeland Security. 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 minimal time that vessels will 
be restricted from the zone, and therefore minor if any impacts to 
Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant 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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in a portion of the activated safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
safety zone is only in effect from 4:30 p.m. to 5:30 p.m. on July 24, 
2003, from 4 p.m. to 5 p.m. on July 25, 2003, and from 2 p.m. to 3 p.m. 
on July 26, 2003. It is expected that effects on vessel traffic will be 
minimal due to the short duration of the event on each day. The event 
does not interfere with the commercial shipping lanes. Before the 
effective period, we will issue maritime advisories widely available to 
users of the Clinton River by the Ninth Coast Guard District Local 
Notice to Mariners, and Marine Information Broadcasts. Facsimile 
broadcasts may also be made.
    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 rule so that they can better evaluate 
its effects and participate in the rulemaking process. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions

[[Page 43309]]

concerning its provisions or options for compliance, please contact 
Marine Safety Office Detroit (see ADDRESSES).
    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 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 rule under Executive Order 13132 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 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 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 32(g) of Commandant 
Instruction M16475.1C, 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 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. A new temporary Sec.  165.T09-245 is added to read as follows:


Sec.  165.T09-245  Safety Zone; Selfridge ANGB Air Show, Harrison Twp, 
MI.

    (a) Location. The temporary safety zone will encompass all waters 
approximately 4 miles West of the mouth of the Clinton River from a 
center point from the West at position 42[deg]35.4' N, 082[deg]50.3' W, 
and extending to the north and south shorelines of the Clinton River; 
from the East at center point position 42[deg]35.8' N, 082[deg]49.8' W 
to the north and south shorelines of the Clinton River. These 
coordinates are based upon North American Datum (NAD 83).
    (b) Enforcement periods. This rule is effective from 4:30 p.m. on 
July 24, 2003, until 3 p.m. on July 26, 2003. This section will be 
enforced from 4:30 p.m. to 5:30 p.m. on July 24, 2003; from 4 p.m. to 5 
p.m. on July 25, 2003; and again from 2 p.m. to 3 p.m. on July 26, 
2003. Enforcement periods will be announced via Broadcast Notice to 
Mariners on VHF Channel 16.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
the safety 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.

    Dated: July 8, 2003.
S.K. Moon,
Lieutenant Commander, Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 03-18524 Filed 7-21-03; 8:45 am]
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