[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Rules and Regulations]
[Pages 27641-27643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11781]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0333]
RIN 1625-AA00


Safety Zone; Marathon Oil Refinery Construction, Rouge River, 
Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Rouge River, Detroit, Michigan. This zone is intended to restrict 
vessels from a portion of the Rouge River during the Marathon Oil 
Refinery Construction project. This temporary safety zone is necessary 
to protect mariners and construction personnel from the hazards 
associated with moving large pieces of equipment in a high traffic 
maritime environment.

DATES: Effective Date: This rule is effective in the CFR from May 18, 
2010 until 7 p.m. on November 30, 2010. This rule is effective with 
actual notice for purposes of enforcement beginning 7 a.m. on May 1, 
2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0333 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0333 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail CDR Joseph Snowden, Prevention 
Department, Sector Detroit, Coast Guard; telephone (313) 568-9508, e-
mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because delaying this rule would be contrary 
to the public interest of ensuring the safety of vessels during the 
construction, and immediate action is necessary to prevent possible 
loss of life and property. The Coast Guard has not received any 
complaints or negative comments previously with regard to events of 
this type and duration.
    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. Delaying this rule would be 
contrary to the public interest of ensuring the safety of vessels 
during the construction, and immediate action is necessary to prevent 
possible loss of life and property.

Basis and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels from hazards associated with construction projects. Based on 
accidents that have occurred in other Captain of the Port zones and the 
dangerous nature of large construction projects, the Captain of the 
Port Detroit has determined construction projects in close proximity to 
watercraft pose significant risk to public safety and property. The 
likely combination of large vessels, congested waterways, and movement 
of large pieces of equipment could easily result in serious injuries or 
fatalities. Establishing a safety zone to control vessel movement 
around the location of the construction project will help ensure the 
safety of persons and property at these events and help minimize the 
associated risks.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of 
mariners and construction personnel during the setup and offloading of 
equipment in conjunction with the Marathon Oil Refinery Construction 
project. The offloading of equipment will occur between 7 a.m. on May 
1, 2010, and 7 p.m. on November 30, 2010. Specifically, offloading 
operations will occur between 7 a.m. and 7 p.m. daily on multiple 
dates, to be determined, during the effective period of this 
regulation. The public will be notified of the specific enforcement 
dates as soon as practicable through the publication of a Notice of 
Enforcement and by Broadcast Notice to Mariners.
    The temporary safety zone will encompass all waters of the Rouge 
River, Detroit, MI, from the Dix Ave. bridge to the north end of 
Fordson Island, bound by a line starting from a point on land on the 
south shore of the Rouge River at position 42[deg]17.8' N; 083[deg]9.1' 
W, continuing southeast to a point on land at position 42[deg]17.7' N; 
083[deg]9.0' W, across to the north side of the river to a point on 
land at position 42[deg]17.8' N; 083[deg]8.9' W, along the shore 
northwest to a point on land at position 42[deg]17.8' N; 083[deg]9.0' 
W, continuing back southwest to the point of origin. All geographic 
coordinates are North American Datum of 1983 (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 
personnel. 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 Analyses

    We developed this 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 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.
    Although this regulation will restrict access to the area, the 
effect of the rule will not be significant because: 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 zone's activation.

[[Page 27642]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 will 
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 and operators of vessels intending to 
transit or anchor in a portion of the Rouge River near Detroit, MI 
between 7 a.m. on May 1, 2010 and 7 p.m. on November 30, 2010.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be enforced for 12 hours on each of the days during the 
effective dates of this temporary final rule. The Coast Guard will give 
notice to the public via a Broadcast Notice to Mariners that the 
regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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). 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 rule calls 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 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This rule will not cause 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

    We have 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g) of 
the Instruction because it involves the establishment of a temporary 
safety zone to protect the public from construction operations. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

[[Page 27643]]


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, 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.T09-0333 to read as follows:


Sec.  165.T09-0333  Safety zone; Marathon Oil Refinery Construction, 
Rouge River, Detroit, MI

    (a) Location. The following area is a temporary safety zone: all 
U.S. waters of the Rouge River, Detroit, MI, bound by a line starting 
from a point on land on the south shore of the Rouge River at position 
42[deg]17.8[min] N; 083[deg] 9.1[min] W, continuing southeast to a 
point on land at position 42[deg]17.7[min] N; 083[deg] 9.0[min] W, 
across to the north side of the river to a point on land at position 
42[deg]17.8[min] N; 083[deg]8.9[min] W, along the shore northwest to a 
point on land at position 42[deg]17.8[min] N; 083[deg]9.0[min] W, 
continuing back southwest to the point of origin. All geographic 
coordinates are North American Datum of 1983 (NAD 83). This safety zone 
effectively covers all of the Rouge River from the Dix Ave. bridge to 
the north end of Fordson Island.
    (b) Effective Period. This regulation is effective from 7 a.m. on 
May 1, 2010 to 7 p.m. on November 30, 2010. This rule will be enforced 
from 7 a.m. to 7 p.m. daily, on multiple dates to be determined during 
the effective period. The public will be notified of the specific 
enforcement dates as soon as practicable through the publication of a 
Notice of Enforcement and by Broadcast Notice to Mariners.
    (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: April 30, 2010.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2010-11781 Filed 5-17-10; 8:45 am]
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