[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Rules and Regulations]
[Pages 4077-4079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01290]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Security Zone; North American International Auto Show; Detroit 
River, Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Final rule; notice of enforcement of regulation.

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SUMMARY: The Coast Guard is adding a permanent security zone, which 
will be enforced 2 weeks each year, on the Detroit River, Detroit, 
Michigan. This 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.

DATES: This rule is effective without actual notice January 24, 2014. 
For the purposes of enforcement in 2014, actual notice will be used 
from 7 a.m. January 13, 2014, until 11:59 p.m. January 26, 2014. For 
2014, the North American International Auto Show, Detroit River, 
Detroit, MI security zone described in 33 CFR 165.915(a)(3) will be 
enforced from 7 a.m. to 11:59 p.m. daily, from January 13, 2014, 
through January 26, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
number USCG-2013-0034. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 
``Open Docket Folder'' on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 material 
to the docket, call Cheryl Collins, 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
 TFR Temporary Final Rule
 NAD 83 North American Datum 1983

A. Regulatory History and Information

    On March 29, 2013, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Security Zones; Captain of the Port Detroit 
in the Federal Register (78 FR 19161). No comments were received in 
response to the March 29, 2013 publication in the Federal Register; a 
public meeting was not requested, and no public meetings were held.
    In addition to the aforementioned NPRM, the Coast Guard had 
published multiple temporary final rules (TFRs) in the past in response 
to the Annual North American International Auto Show (NAIAS), annually 
establishing a temporary security zone to protect participants and 
spectators associated with the NAIAS. Because this event will likely 
continue to recur annually, the Captain of the Port Detroit is 
establishing a permanent security zone, thus alleviating the need to 
publish annual TFRs in the future.

B. Basis and Purpose

    For two weeks in the month of January, the Annual North American 
International Auto Show 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 2013, the NAIAS attendance for the public 
showing was nearly 800,000 people and press preview days attracted over 
5,000 journalists representing 62 countries. Attendance and 
participation at the 2012 and 2011 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

[[Page 4078]]

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.

C. Discussion of Comments, Changes and the Final Rule

    As stated previously, no comments were received in response to the 
NPRM published on March 29, 2013, and no public meetings were requested 
or held. We made no changes from the proposed rule in the NPRM.
    As for the actual rule itself, the Captain of the Port Detroit has 
determined that establishing this permanent security zone is necessary 
to safeguard portions of the Detroit River during NAIAS events. Thus, 
the Coast Guard is amending 33 CFR 165.915 by adding paragraph (a)(3), 
which will establish a permanent security zone. The security zone will 
be enforced for the duration of the event and 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 (NAD 83). Vessels in close 
proximity to the security zone will be subject to increased monitoring 
and boarding. The precise times and dates of enforcement for this 
security zone will be determined and published annually.
    This final rule references an annual notice of enforcement that 
will announce the exact dates for the 2 weeks in January that the 
security zone will be enforced. See 33 CFR 165.915 (a)(3). For 2014, 
the North American International Auto Show, Detroit River, Detroit, MI 
security zone will be enforced from 7 a.m. to 11:59 p.m. daily, from 
January 13, 2014, through 26, 2014.
    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.
    The Captain of the Port will use all appropriate means to notify 
the public when the security zone in this rule will be enforced. Such 
means may include, among other things, publication in the Federal 
Register, Broadcast Notice to Mariners, Local Notice to Mariners, or, 
upon request, by facsimile (fax). Also, the Captain of the Port will 
issue a Broadcast Notice to Mariners notifying the public if 
enforcement of the affected area in this section is cancelled 
prematurely.

D. Regulatory Analyses

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

1. 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 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 
security zone created by this rule will be relatively small and 
enforced for relatively short time. Also, the 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 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 rule on small entities. 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 the previously mentioned portion of the Detroit River, 
Detroit, MI between 8 a.m. and midnight on the dates of the event, 
which will be determined annually. The 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 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.

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 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.
    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.

4. 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).

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

[[Page 4079]]

the States, or on the distribution of power and responsibilities among 
the various levels of government. We have analyzed this rule under that 
Order and determined that it 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 rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

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

14. 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 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 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. An environmental analysis checklist 
supporting this determination and a 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 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 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. 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 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 (NAD 83). This security zone will be 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: January 10, 2014.
J. E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port, Sector Detroit.
[FR Doc. 2014-01290 Filed 1-23-14; 8:45 am]
BILLING CODE 9110-04-P