[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Rules and Regulations]
[Pages 30708-30710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13118]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0174]
RIN 1625-AA00


Safety Zone; Red Bull Air Race, Detroit 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 
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: This rule is effective from 9 a.m. on June 3, 2010 through 6:30 
p.m. on June 6, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0174 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0174 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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 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

    On April 5, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; Red Bull Air Race, Detroit River, Detroit, 
MI in the Federal Register (75 FR 17106). We received zero comments on 
the proposed rule. No public meeting was requested, and none was held.
    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 because delaying the effective date 
would be contrary to the public interest due to the need to protect the 
public from the dangers associated with air racing.

Basis 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 a significant risk to public 
safety and property. The likely combination of large numbers of 
recreational 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's course 
will help ensure the safety of persons and property at these events and 
help minimize the associated risks.

Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the 
specified 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 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).
    This rule will be enforced for approximately six hours each day of 
its effective period. Additionally, prior to the event, local sailing 
and yacht clubs will be provided with information by Coast Guard 
Station Belle Isle on what to expect during the event. Station Belle 
Isle will do this in order to minimize interruptions in the normal 
business practices of local sailing and yacht clubs. In the event this 
temporary safety zone affects shipping, commercial vessels may request 
permission from the Captain of the Port (COTP) 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 Detroit will suspend enforcement of the safety 
zone if the event for which the zone is established ends earlier than 
the expected time.

[[Page 30709]]

Discussion of Comments and Changes

    We received no comments with regard to this rule and no changes 
have been made to this rule.

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 temporary rule restricts access to the safety zone, 
the effect of the rule will not be significant because: (i) The minimal 
time that vessels will be restricted from the zone; (ii) the zone is an 
area where the Coast Guard expects insignificant adverse impact to 
mariners from the zone's activation; and (iii) vessels may request 
permission from the COTP 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.

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 might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in the portion of the Detroit River discussed above 
between 9 a.m. June 3, 2010 through 6:30 p.m. June 6, 2010.
    This temporary safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: This rule will be enforced for approximately six hours each 
day of its effective period. Additionally, small entities such as 
passenger vessels have been involved in the planning stages of this 
event and have had opportunities to make alternate arrangements with 
regards to mooring positions and business operations during the hours 
this safety zone will be in effect. Prior to the event, local sailing 
and yacht clubs will be provided with information by Coast Guard 
Station Belle Isle on what to expect during the event. Station Belle 
Isle will do this in order to minimize interruptions in the normal 
business practices of local sailing and yacht clubs. 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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). We did not 
receive any comments for this section.

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. We did not receive any comments for this section.

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. We did not receive any comments for this section.

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. We did not receive any comments for this section.

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. We did not receive any comments 
for this section.

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. We did not receive any comments for 
this section.

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. We did not receive 
any comments for this section.

[[Page 30710]]

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. We did not receive any comments for this 
section.

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. We did not receive 
any comments for this section.

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. This rule involves the establishment of a safety zone. 
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 
recordkeeping 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, 3306, 
3703; 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.T09-0174 to read as follows:


Sec.  165.T09-0174  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 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).
    (b) Effective Period. This regulation is effective from 9 a.m. on 
June 3, 2010 through 6:30 p.m. on June 6, 2010. The safety zone will be 
enforced daily from 9 a.m. to 6:30 p.m. on June 3, 2010 through June 6, 
2010.
    (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: May 7, 2010.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2010-13118 Filed 6-1-10; 8:45 am]
BILLING CODE 9110-04-P