[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Rules and Regulations]
[Pages 1527-1529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-385]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-289]
RIN 2115-AA00


Security Zone; Renaissance Center, Cobo Hall, North American 
International Auto Show, Detroit River, Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
the navigable waters of the Detroit River in the Captain of the Port 
Detroit Zone. This temporary security zone is necessary to protect the 
participants during the North American International Auto Show, as well 
as the public, facilities, and the surrounding area from possible 
sabotage or other subversive acts. This security zone is intended to 
restrict vessel traffic from a portion of the Detroit River in the 
vicinity of the Renaissance Center and Cobo Hall.

DATES: This rule is effective from 12 a.m. (noon) January 9, 2004, 
until 8 p.m. January 19, 2004.

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 CGD09-03-289 and are available for inspection or 
copying at Coast Guard Marine Safety Office Detroit, 110 Mt. Elliott 
Ave, Detroit, Michigan, 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) 568-9580.

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) and under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for not publishing an NPRM and 
for making this rule effective less than 30 days after publication in 
the Federal Register. The Coast Guard was unaware of the need for this 
security zone in time to publish an NPRM followed by a temporary final 
rule before the effective date. Delaying this rule would be contrary to 
the public interest of ensuring the safety of individuals at the North 
American International Auto Show.

Background and Purpose

    This security zone is necessary to protect the participants at the 
North American International Auto Show, as well as 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 security 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 this publication of the rule 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 Temporary Final Rule

    This regulation establishes a temporary security zone commencing

[[Page 1528]]

on the shore-side of Cobo Hall, at 42[deg]19'26.6'' N, 
083[deg]03'06.6'' W; then extending offshore at 160[deg]T to the Third 
St. junction buoy at 42[deg]19'24.2'' N, 83[deg]03'4.7'' W; then 
northeast at 073[deg]T to the Griswold St. junction buoy at 
42[deg]19'31'' N, 83[deg]02'34.1'' W; then northeast at 071[deg]T to 
42[deg]19'40'' N, 083[deg]02'00'' W; then north at 000[deg]T to a point 
on land at 42[deg]19'46.3'' N, 083[deg]02'00'' W (near Atwater Customs 
station); then southeast following the shoreline back to the point of 
origin. These coordinates are based upon North American Datum 1983 (NAD 
83). This security zone will be enforced from 12 a.m. (noon) on January 
9, 2004, until 8 p.m. on January 19, 2004.

Regulatory Evaluation

    This temporary 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 Homeland Security. The 
Coast Guard expects the economic impact of this proposal to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this temporary 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This temporary 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. 
In the event that a commercial vessel desires to transit the area, they 
may request permission from the Captain of the Port Detroit to transit 
the area. Commercial vessels may only transit the area after receiving 
permission from the Captain of the Port Detroit.

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 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary final 
rule and concluded that, under figure 2-1, paragraph (34)(g), of 
Commandant Instruction M16475.lD, this rule is categorically excluded 
from further environmental documentation.

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:


[[Page 1529]]


    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. Add Sec.  165.T09-289 to read as follows:


Sec.  165.T09-289  Security Zone; Renaissance Center and Cobo Hall, 
North American International Auto Show, Detroit River, Detroit, MI.

    (a) Location. The following is a temporary security zone: All 
waters and adjacent shoreline encompassed by a line commencing on the 
shore-side near Cobo Hall, at 42[deg]19'26.6'' N, 083[deg]03'06.6'' W; 
then extending offshore at 160[deg]T to the Third St. junction buoy at 
42[deg]19'24.2'' N, 83[deg]03'4.7'' W; then northeast at 073[deg]T to 
the Griswold St. junction buoy at 42[deg]19'31'' N, 83[deg]02'34.1'' W; 
then northeast at 071[deg]T to 42[deg]19'40'' N, 083[deg]02'00'' W; 
then north at 000[deg]T to a point on land at 42[deg]19'46.3'' N, 
083[deg]02'00'' W (near Atwater Customs station); then southeast 
following the shoreline back to the point of origin. These coordinates 
are based upon North American Datum 1983 (NAD 83).
    (b) Enforcement period. This security zone will be enforced from 12 
p.m. (noon) January 9, 2004, until 8 p.m. on January 19, 2004.
    (c) 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.
    (2) Persons desiring to transit through security zone must contact 
the Captain of the Port at telephone number (313) 568-9580/313-568-
9524, or on VHF channel 16 to seek permission prior to transiting 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.

    Dated: December 31, 2003.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 04-385 Filed 1-8-04; 8:45 am]
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