[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Proposed Rules]
[Pages 19161-19164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07284]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0034]
RIN 1625-AA87


Security Zones; Captain of the Port Detroit

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to add a permanent security zone 
within the Captain of the Port Detroit Zone. This proposed security 
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 Annual North American 
International Auto Show (NAIAS), which is held at Cobo Hall in downtown 
Detroit, MI. Vessels in close proximity to the proposed security zone 
will be subject to increased monitoring and boarding during the 
enforcement of the security zone.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 29, 2013.

ADDRESSES: You may submit comments identified by docket number 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 further instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Adrian Palomeque, Prevention Department, Sector 
Detroit, U.S. Coast Guard; telephone (313) 568-9508, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-0034), 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 at http://www.regulations.gov, or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online, it will be considered received by the Coast Guard when 
the comment is successfully transmitted. If you fax, hand deliver, or 
mail your comment, it will be considered as having been received by the 
Coast Guard when it is received at the Docket Management Facility. We 
recommend that you include your name and a mailing address, an email 
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, 
type the docket number [USCG-2013-0034] in the ``SEARCH'' box and click 
``SEARCH.'' Click on the ``Submit a Comment'' on the line associated 
with this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ 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.

2. 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. In 
the ``Keyword'' box insert ``USCG-2013-0034'' and click ``Search.'' 
Click on the ``Open Docket Folder'' link. 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.

3. 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).

[[Page 19162]]

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the 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.

B. Regulatory History and Information

    The Coast Guard has published multiple temporary final rules (TFRs) 
in the past in response to the NAIAS. Specifically, the Coast Guard 
published a TFR on January 7, 2011 (76 FR 1065), January 18, 2012 (77 
FR 2453), and on December 28, 2012 (77 FR 76411). Each of these TFRs 
established a security zone to protect participants and spectators 
associated with the NAIAS. Because this event will likely recur 
annually, the Captain of the Port Detroit is proposing to establish a 
permanent security zone and thus, alleviate the need to publish annual 
TFRs in the future.

C. Basis and Purpose

    For two weeks in the month of January, the 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. 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 and 2013 NAIAS events were similar, and the 
attendance and participation at future NAIAS events is anticipated to 
be similar, too.
    In years past, NAIAS has attracted numerous protesters from various 
organizations due to the state of the economy, worker layoffs, and the 
closures of automotive dealerships around the country. Because of the 
likely presence of high profile visitors at future NAIAS events, it is 
possible that protests may continue in subsequent years. Consequently, 
the Captain of the Port Detroit has determined that establishing a 
security zone in the vicinity of the NAIAS event is necessary to 
safeguard portions of the Detroit River from destruction, loss, or 
injury from sabotage or other subversive acts.

D. Discussion of Proposed Rule

    As stated aboce, to safeguard portions of the Detroit River during 
NAIAS events, the Captain of the Port Detroit proposes to establish a 
permanent security zone. This proposed security zone will ensure the 
safety of the participants in and visitors of the annual NAIAS being 
held at Cobo Hall in downtown Detroit, MI. The proposed security zone 
will be enforced for two weeks in the month of January. The proposed 
security zone is expected to be enforced from 8 a.m. until 11:59 p.m. 
daily for the duration of the event.
    The proposed 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 Louis 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 
proposed 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 proposed 
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.
    As mentioned above, the proposed security zone will be enforced for 
two weeks in the month of January. Each year, the Captain of the Port 
will notify the public by all appropriate means of the specific 
enforcement dates and times for the proposed security zone. Means of 
notification will include an annual publication of a Notice of 
Enforcement (NOE) in the Federal Register. Also, means of notification 
may include Broadcast Notice to Mariners and Local Notice to Mariners.

E. Regulatory Analyses

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

1. 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, 
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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this rule is 
not a significant regulatory action because we anticipate that it will 
have 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 
proposed security zone created by this rule will be relatively small 
and enforced for relatively short time. Also, the proposed security 
zone is designed to minimize its impact on navigable waters. Thus, 
restrictions on vessel movement within that particular area are 
expected to be minimal. Under certain conditions, moreover, vessels may 
still transit through the proposed security zone when permitted by the 
Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This proposed 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 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.
    This proposed security zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: this proposed rule will not obstruct the regular flow of 
commercial traffic and will allow vessel traffic to pass around the 
proposed security zone. In the event that this proposed 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

[[Page 19163]]

to the public via a Broadcast to Mariners that the regulation is in 
effect.
    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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment.
    This proposed rule involves the establishment of a security zone 
and is therefore, categorically excluded under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist supporting this determination and a Preliminary 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. 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 
recordkeeping 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 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. Amend Sec.  165.915 by adding paragraph (a)(3) to read as follows:


Sec.  165.915  Security Zones; Captain of the Port Detroit

    (a) * * *
    (3) North American International Auto Show, Detroit River, Detroit, 
MI. All waters of the Detroit River encompassed by a line beginning at 
a point of origin on land adjacent to the west end of Joe Louis 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). This security zone will be

[[Page 19164]]

enforced for two weeks in the month of January with the exact dates and 
times to be published annually via a Notice of Enforcement.
* * * * *

    Dated: February 15, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-07284 Filed 3-28-13; 8:45 am]
BILLING CODE 9110-04-P