[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Rules and Regulations]
[Pages 1065-1067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-89]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1133]
RIN 1625-AA87


Security Zone; 23rd Annual 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 Detroit River, Detroit, Michigan. This zone is intended to restrict 
vessels from a portion of the Detroit River in order to ensure the 
safety of participants, visitors and public officials at the 23rd 
Annual North American International Auto Show (NAIAS) being held at 
Cobo Hall in downtown Detroit, MI.

DATES: This rule is effective from 9 a.m. (local) on January 10, 2011, 
through 10 p.m. (local) on January 23, 2011.

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-2010-1133 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-1133 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 
temporary rule, call or e-mail LT Katie Stanko, 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 security of the spectators and 
participants during this event should immediate action be necessary to 
prevent possible loss of life or property.
    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 security of the 
spectators and participants during this event should immediate action 
be necessary to prevent possible loss of life or property.

Background and Purpose

    This temporary security zone is necessary to ensure the safety of 
the participants, visitors of the 23rd Annual North American 
International Auto Show (NAIAS) being held at Cobo Hall in downtown 
Detroit, MI from possible sabotage or other subversive acts. The public 
showing days of the NAIAS begin January 15 and extend through January 
23. Prior to the public showing, there will also be multiple high 
profile events; including the press preview days (January 10-11, 2011), 
industry preview days (January 12-13, 2011), and the charity preview 
event (January 14, 2011). In 2010, the NAIAS attendance for the public 
showing was over 650,000 people and industry preview days attracted 
nearly 16,000 people representing 1,700 companies from 23 countries. 
Attendance and participation at the 2011 NAIAS is anticipated to rival 
last year's attendance and will likely be one of the largest media 
events in North America. Given the expected number of attendees, which 
includes high-profile visitors, at this event and the recent terrorist 
threats directed toward the City of Detroit, the Coast Guard is 
establishing and enforcing a security zone to safeguard the waterways 
from destruction, loss, or injury from sabotage or other subversive 
acts.
    All persons other than those approved by the Captain of the Port 
Detroit, or his authorized on-scene representative, are prohibited from 
entering or moving within this security zone. The Captain of the Port 
Detroit, or his authorized on-scene representative, may be contacted 
via VHF Channel 16 for further instructions before transiting through 
the restricted area. The public will be

[[Page 1066]]

made aware of the existence of this security zone and the restrictions 
involved via Broadcast Notice to Mariners.

Discussion of Rule

    A temporary security zone is necessary to ensure the safety of the 
participants and visitors of the 23rd Annual North American 
International Auto Show being held at Cobo Hall in downtown Detroit, MI 
from possible sabotage or other subversive acts. This security zone 
regulation will be in effect from 9 a.m. on January 10, 2011 through 10 
p.m. on January 23, 2011. The zone will be enforced from 9 a.m. to 5 
p.m. daily for the duration of the event.
    The security zone will encompass an area of the Detroit River 
encompassed by a line beginning at a point of origin on land adjacent 
to the west end of Joe Lewis Arena at 42[deg]19.44' N, 083[deg]03.11' 
W; then extending offshore approximately 150 yards to 42[deg]19.39' N, 
083[deg]03.07' W; then proceeding upriver approximately 2,000 yards to 
a point at 42[deg]19.72' N, 083[deg]01.88' W; then proceeding onshore 
to a point on land adjacent the Tricentennial State Park at 
42[deg]19.79' N, 083[deg]01.90' W; then proceeding downriver along the 
shoreline to connect back to the point of origin. Vessels in close 
proximity to the security zone will be subject to increased monitoring 
and boarding. 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 
representative. Entry into, transit, or anchoring within the security 
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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This determination is based on 
the short time that vessels will be restricted from the area of water 
impacted by the safety zone. Moreover, vessels may still transit freely 
in Canadian waters adjacent to the security zone.

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 or operators of vessels intending to transit 
or anchor in a portion of the Detroit River, Detroit, Michigan, 
beginning at a point of origin on land at 42[deg]19.44' N, 
083[deg]03.11' W; then extending offshore approximately 150 yards to 
42[deg]19.39' N, 083[deg]03.07' W; then proceeding upriver 
approximately 2,000 yards to a point at 42[deg]19.72' N, 083[deg]01.88' 
W; then proceeding onshore to a point on land at 42[deg]19.79' N, 
083[deg]01.90' W; then returning to the point of origin from 9 a.m. 
January 10, 2011 through 10 p.m. on January 23, 2011.
    This 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 this temporary security zone affects shipping, commercial vessels 
may request permission from the Captain of the Port Detroit to transit 
through the security zone. The Coast Guard will give notice to the 
public via a Broadcast 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 an 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.

[[Page 1067]]

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 procedure; 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. This rule involves the establishment of a security 
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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
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 a new temporary section 165.T09-1133 as follows:


Sec.  165.T09-1133  Security Zone; 23rd Annual North American 
International Auto Show, Detroit River, Detroit, MI.

    (a) Location. The following area is a temporary security zone: An 
area of the Detroit River encompassed by a line beginning at a point of 
origin on land adjacent to the west end of Joe Lewis Arena at 
42[deg]19.44' N, 083[deg]03.11' W; then extending offshore 
approximately 150 yards to 42[deg]19.39' N, 083[deg]03.07' W; then 
proceeding upriver approximately 2,000 yards to a point at 
42[deg]19.72' N, 083[deg]01.88' W; then proceeding onshore to a point 
on land adjacent to the Tricentennial State Park at 42[deg]19.79' N, 
083[deg]01.90' W; then proceeding downriver along the shoreline to 
connect back to the point of origin on land adjacent to the west end of 
the Joe Louis Arena. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (b) Effective and enforcement period. This section is effective 
from 9 a.m. on January 10, 2011, until 10 p.m. on January 23, 2011. The 
security zone will be enforced from 9 a.m. to 5 p.m. daily from January 
10, 2011, through January 23, 2011.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this security zone is prohibited unless authorized by the 
Captain of the Port Detroit, or his designated on-scene representative.
    (2) This security 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 
security 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 
security zone shall comply with all directions given to them by the 
Captain of the Port Detroit or his on-scene representative.

    Dated: December 23, 2010.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2011-89 Filed 1-6-11; 8:45 am]
BILLING CODE 9110-04-P