[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Proposed Rules]
[Pages 17627-17630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8759]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0089]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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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 be received by the Coast 
Guard on or before May 1, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0089 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) 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.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail CDR Joseph Snowden, Prevention Department, Sector 
Detroit, Coast Guard; telephone (313) 568-9580, e-mail 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

[[Page 17628]]

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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0089), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail or hand 
delivery, but please use only one of these means. A comment submitted 
online via http://www.regulations.gov will be considered received by 
the Coast Guard when the comment is successfully transmitted; a comment 
submitted via fax, hand delivery, or mail, will be considered as having 
been received by the Coast Guard when the comment is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2009-0089'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8[frac12] by 11 inches, suitable for 
copying and electronic filing. If you submit comments 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 and may change the rule 
based on your comments.

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, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2009-0089 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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

    The proposed temporary safety zone is necessary to ensure, to the 
extent practicable, the safety of vessels and the public from hazards 
associated with an air race. The Captain of the Port Detroit has 
determined that air races in close proximity to watercraft and 
infrastructure pose a 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 
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. 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.

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., June 11, 2009 and 6:30 
p.m., June 14, 2009. The safety zone will be enforced daily from 9 a.m. 
to 6:30 p.m., June 11th through 14th, 2009. Specifically, on June 11-
12, 2009, the river closure will be enforced as needed and therefore 
will be intermittent. On June 13, 2009, the river closure will total no 
more than 5 hours between the hours of 9 a.m. to 6:30 p.m. On June 14, 
2009, the river closure will total no more than 6 hours between the 
hours of 9 a.m. to 6:30 p.m. The Coast Guard expects to have additional 
information from the event organizer before publication of the final 
rule, and expects to provide more specific information in the final 
rule regarding hours of enforcement for each day.
    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 are not limited to, Broadcast Notice to Mariners and Local 
Notice to Mariners. The Captain of the Port will issue a broadcast 
Notice to Mariners notifying the public when enforcement of the safety 
zone is terminated.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.

[[Page 17629]]

    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 minimal adverse impact to mariners from the zone's 
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 June 11, through June 14, 2009.
    The proposed 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 CDR Joseph Snowden, Prevention 
Department, Sector Detroit, Coast Guard; telephone (313) 568-9580, e-
mail [email protected]. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
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 an 
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

    This proposed 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 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

[[Page 17630]]

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 Department of Homeland 
Security Management Directive 0023.1 and Commandant Instruction 
M16475.lD, which guide 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 this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a safety zone. Based on our 
preliminary determination, 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. Because this 
event establishes a safety zone, paragraph (34)(g) of the Instruction 
applies.
    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 record 
keeping requirements, Security measures, 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. 3306, 3703 and 
Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.

    2. Section 165.T09-0089 is added to read as follows:


Sec.  165.T09-0089   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' 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) Enforcement Period. The safety zone will be enforced daily from 
9 a.m. to 6:30 p.m. on June 11, 2009 through June 14, 2009.
    (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.
    (5) 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: March 26, 2009.
J.D. Jenkins,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. E9-8759 Filed 4-15-09; 8:45 am]
BILLING CODE 4910-15-P