[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Proposed Rules]
[Pages 25624-25627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10238]


=======================================================================
-----------------------------------------------------------------------

COAST GUARD

33 CFR Part 165

[Docket No. USCG-2008-0314]
RIN 1625-AA00


Safety Zone; Red Bull Air Race, Detroit River, Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes establishing a temporary safety zone 
on the Detroit River, Detroit, Michigan. This Zone is intended to 
restrict vessels from portions of the Detroit River during the Red Bull 
Air Race. This temporary safety zone is necessary to protect spectators 
and vessels from the hazards associated with air races.

DATES: Comments and related material must reach the Coast Guard on or 
before May 22, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0314 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulation.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: LT Jeff Ahlgren, Waterways Management, 
U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave., Detroit, MI 
48207, (313) 568-9580.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0314), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name, mailing address, and 
an e-mail address or other contact information in the body of your 
document to ensure that you can be identified as the submitter. This 
also allows us to contact you in the event further information is 
needed or if there are questions. For example, if we cannot read your 
submission due to technical difficulties and you cannot be contacted; 
your submission may not be considered. You may submit your comments and 
material by electronic means, mail, fax, or delivery to the Docket 
Management Facility at the address under ADDRESSES; but please submit 
your comments and material by only one means. If you submit them by 
mail or delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you 
submit them by mail and would like to know that they reached the 
Facility, 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.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking (USCG-2008-0218) in the Docket ID

[[Page 25625]]

box, and click enter. You may also visit the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

C. Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

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 Sector 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

    This temporary safety zone is necessary to ensure the safety of 
vessels and the public from hazards associated with an air race. The 
Captain of the Port Detroit has determined air races in close proximity 
to watercraft and infrastructure pose significant risk to public safety 
and property. The likely combination of large numbers of recreation 
vessels, airplanes traveling at high speeds and performing aerial 
acrobatics, and large numbers of spectators in close proximity on the 
water could easily result in serious injuries or fatalities. 
Establishing a safety zone around the location of the race course will 
help ensure the safety of persons and property at these events and help 
minimize the associated risks.

Discussion of Proposed Rule

    This proposed rule is intended to ensure safety of the public and 
vessels during the setup, course familiarization, time trials and race 
in conjunction with the Red Bull Air Race. The air race and associated 
set-up and removal will occur between 9 a.m., May 29, 2008 and 6 p.m., 
June 1, 2008. The safety zone will be enforced from 9 a.m. to 5 p.m. on 
May 29, 2008 through May 31, 2008, and from 9 a.m. to 6 p.m. on June 1, 
2008.
    The safety zone will encompass all navigable waters of the United 
States on the Detroit River, Detroit, MI, bound by a line extending 
from a point on land southwest of Joe Louis Arena at position 
42[deg]19.4' N; 083[deg]3.3' W, northeast along the Detroit shoreline 
to a point on land at position 42[deg]20.0' N; 083[deg]1.2' W, 
southeast to the international border with Canada at position 
42[deg]19.8' N; 083[deg]1.0' W, southwest along the international 
border to position 42[deg]19.2' N; 083[deg]3.3' W, and northwest to the 
point of origin at position 42[deg]19.4' N; 083[deg]3.3' W. (DATUM: NAD 
83).
    The Captain of the Port will cause notice of enforcement of the 
safety zone established by this section to be made by all appropriate 
means to the affected segments of the public. Such means of 
notification will include, but is not limited to, Broadcast Notice to 
Mariners and Local Notice to Mariners. Likewise, the Windsor Port 
Authority intends to restrict vessel movement on the Canadian side of 
the Detroit River. The exclusionary area on the Canadian side will be 
aligned with the east and west borders of the U.S. safety zone and will 
extend to the shoreline along Windsor, ON. The Captain of the Port will 
issue a broadcast Notice to Mariners notifying the public when 
enforcement of the safety zone is terminated.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zone and the zone is an area where the Coast 
Guard expects insignificant adverse impact to mariners from the zones' 
activation.

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 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 rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in the above portion of the Detroit River between 9 a.m. and 
6 p.m. on May 29, 2008 through June 1, 2008.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for approximately six hours each day of the 
race. Additionally, small entities such as passenger vessels, have been 
involved in the planning stages for this event and have had ample time 
to make alternate arrangements with regards to mooring positions and 
business operations during the hours this safety zone will be in place. 
Furthermore, local sailing and yacht clubs will be notified prior to 
the event by Coast Guard Station Belle Isle with information on what to 
expect during the event with the intention of minimizing interruptions 
in their normal business practices. In the event that this temporary 
safety zone affects shipping, commercial vessels may request permission 
from the Captain of the Port Detroit to transit through the safety 
zone. The Coast Guard will give notice to the public via a Broadcast 
Notice to Mariners that the regulation is in effect. Additionally, the 
COTP will suspend enforcement of the safety zone if the event for which 
the zone is established ends earlier than the expected time.
    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 LT Jeff Ahlgren, Waterways 
Management, U.S. Coast Guard Sector Detroit, 110 Mount

[[Page 25626]]

Elliot Ave., Detroit MI, 48207; (313)568-9580. The Coast Guard will not 
retaliate against small entities that question or complain about this 
rule or any policy or action of the Coast Guard.

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect 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

    We have 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

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that these regulations and fishing rights 
protection need not be incompatible. We have also determined that this 
Proposed 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. Nevertheless, Indian 
Tribes that have questions concerning the provisions of this Proposed 
Rule or options for compliance are encouraged to contact the point of 
contact listed under FOR FURTHER INFORMATION CONTACT.

Energy Effects

    We have 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. Therefore, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. This event 
establishes a safety zone, therefore paragraph (34)(g) of the 
Instruction applies.
    A preliminary ``Environmental Analysis Check List'' and 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES. Comments on this section will be 
considered before we make the final decision on whether this proposed 
rule should be categorically excluded from further environmental 
review. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Section 165.T09-0314 is added to read as follows:


Sec.  165.T09-0314  Safety Zone; Red Bull Air Race, Detroit River, 
Detroit, MI.

    (a) Location. The following area is a temporary safety zone: all 
U.S. waters of the Detroit River, Detroit, MI, bound by a line 
extending from a point on land southwest of Joe Louis Arena at position 
42[deg]19.4' N; 083[deg]3.3' W, northeast along the Detroit shoreline 
to a point on land at position 42[deg]20.0' N; 083[deg]1.2' W, 
southeast to the international boarder with Canada at position 
42[deg]19.8' N; 083[deg]1.0' W, southwest along the international 
border to position 42[deg]19.2'

[[Page 25627]]

N; 083[deg]3.3' W, and northwest to the point of origin at position 
42[deg]19.4' N; 083[deg]3.3' W. (DATUM: NAD 83).
    (b) Effective Period. This regulation is effective from 9 a.m. on 
May 29, 2008 through 6 p.m. on June 1, 2008. The safety zone will be 
enforced daily from 9 a.m. to 5 p.m. on May 29, 2008 through May 31, 
2008, and from 9 a.m. to 6 p.m. on June 1, 2008.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Detroit, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on scene representative may be contacted via VHF Channel 
16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his on-scene 
representative to obtain permission to do so.
    Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port or his on-scene representative.

    Dated: April 23, 2008.
P.W. Brennan,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
 [FR Doc. E8-10238 Filed 5-6-08; 8:45 am]
BILLING CODE 4910-15-P