[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2453-2455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-787]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1157]
RIN 1625-AA87


Security Zone; 24th 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 and security of participants, visitors, and public officials at 
the 24th Annual North American International Auto Show (NAIAS), which 
is being held at Cobo Hall in downtown Detroit, MI. Vessels and persons 
may not enter this security zone without permission of the Captain of 
the Port Detroit or the COTP on-scene representative.

DATES: This rule is effective from 8 a.m. on January 8, 2012, until 
12:01 a.m. on January 23, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1157 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1157 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 email LT Adrian Palomeque, Prevention 
Department, Sector Detroit, Coast Guard; telephone (313) 568-9508, 
email [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 notice of this year's event was not received 
in sufficient time for the Coast Guard to solicit public comments 
before the event's start. Thus, waiting for a notice and comment period 
to run would be impracticable and contrary to the public interest 
because it would inhibit the Coast Guard's ability to protect the 
spectators of and participants in this event from the hazards discussed 
below.
    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 the effective date of 
this rule would be contrary to the public interest for the same reasons 
discussed in the preceding paragraph.

Background and Purpose

    The 24th Annual North American International Auto Show (NAIAS) will 
be held at Cobo Hall in downtown Detroit, MI. The NAIAS is the prime 
venue for introducing the world's most anticipated vehicles. The public 
showing days of the NAIAS begin January 14 and extend through January 
22. Prior to the public showing, there will also be multiple high 
profile events; including the press preview days (January 9-10, 2012), 
industry preview days (January 11-12, 2012), and the charity preview 
event (January 13, 2012). In 2011, the NAIAS attendance for the public 
showing was over 735,000 people and press preview days attracted over 
5,000 journalists representing 55 countries. Attendance and 
participation at the 2012 NAIAS is anticipated to rival last year's 
attendance and will likely be one of the largest media events in North 
America.
    NAIAS has attracted numerous protesters from various organizations. 
Due to the current state of the economy, the recent number of layoffs, 
the closures of several thousand automotive dealerships around the 
country, and the likely presence of high profile visitors, it is 
possible that protests may continue to occur at this year's event. 
Consequently, the Captain of the Port Detroit has determined that it is 
necessary to safeguard portions of the Detroit River from destruction, 
loss, or injury from sabotage or other subversive acts.

[[Page 2454]]

Discussion of Rule

    To safeguard portions of the Detroit River during this year's 
event, the Captain of the Port Detroit has determined that a temporary 
security zone is necessary. This security zone will ensure the safety 
of the participants in and visitors of the 24th Annual North American 
International Auto Show being held at Cobo Hall in downtown Detroit, 
MI. The security zone will be in effect from 8 a.m. on January 8, 2012, 
until 12:01 a.m. on January 23, 2012. The zone will be enforced from 8 
a.m. to 12:01 a.m. daily for the duration of the event.
    The security zone will encompass an area of the Detroit River 
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 2000 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 14 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory 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 Order 12866 or under 
section 1 of Executive Order 13563.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have a minimal impact on the 
economy, will not interfere with other agencies, will not adversely 
alter the budget of any grant or loan recipients, and will not raise 
any novel legal or policy issues. The security zone on the Detroit 
River will be relatively small and exist for only a minimal time. Thus, 
restrictions on vessel movement within any particular area of the 
Detroit River are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through the security zone when 
permitted by the Captain of the Port. 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 security 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 2000 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 8 a.m. 
January 8, 2012, through 12:01 a.m. on January 23, 2012.
    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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

[[Page 2455]]

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 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 because it 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.

    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 Sec.  165.T09-1157 to read as follows:


Sec.  165.T09-1157  Security Zone; 24th 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 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 2000 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 regulation is effective 
from 8 a.m. on January 8, 2012, until 12:01 a.m. on January 23, 2012. 
However, the security zone will be enforced from 8 a.m. to 12:01 a.m. 
daily from January 8, 2012, through January 23, 2012.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.33 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: January 5, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-787 Filed 1-17-12; 8:45 am]
BILLING CODE 9110-04-P