[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29946-29948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12554]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0389]
RIN 1625-AA00


Safety Zone; Detroit Belle Isle Grand Prix, 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 
encompassing a portion of the Detroit River in Detroit, Michigan. This 
safety zone is necessary to protect Belle Isle Grand Prix participants, 
spectators and vessels from the hazards associated with a high speed 
automobile race in close proximity to a navigable waterway.
    This safety zone will establish restrictions upon, and control 
movement of, vessels in a portion of the Detroit River. During the 
enforcement period, no person or vessel may enter the regulated area 
without permission of the Captain of the Port.

DATES: This temporary final rule is effective and will be enforced from 
8 a.m. on May 29, 2015 until 8 p.m. on May 31, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0389. To view documents mentioned in this preamble as being 
available in the docket, go to www.regulations.gov, type the docket 
number in the ``SEARCH'' box, and click ``Search.'' You may visit the 
Docket Management Facility, 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 PO1 Todd Manow, Prevention Department, 
Sector Detroit, Coast Guard; telephone 313-568-9580, email 
[email protected]. If you have questions on viewing the docket, 
call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 
202-366-9826 or 1-800-647-5527.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NAD 83 North American Datum of 1983

A. Regulatory History and 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 waiting for a notice and comment 
period to run would be impracticable, unnecessary, and contrary to the 
public interest. The final details of this event were not known to the 
Coast Guard with sufficient time for the Coast Guard to solicit public 
comments before the start of the event. Thus, delaying this temporary 
rule to wait 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 waterways users from the 
hazards associated with a high speed automobile

[[Page 29947]]

race in close proximity to a navigable waterway.
    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 (FR). For the same reasons 
discussed in the preceding paragraph, waiting for a 30-day notice 
period to run would be impracticable and contrary to the public 
interest.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 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; Public Law 107-295, 116 Stat. 
2064; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    On the morning of May 29, 2015, a series of high speed automobile 
races will begin and continue for three days until the evening of May 
31, 2015. Participants in the Detroit Belle Isle Grand Prix will race 
on portions of the roadway in the Belle Isle Park that are very near to 
the waterfront, making these areas vulnerable in the event of a 
collision.
    The Captain of the Port Detroit has determined that the likely 
combination of recreation vessels, commercial vessels, and large 
numbers of spectators in close proximity to the automobile races pose 
extra and unusual hazards to public safety and property. Thus, the 
Captain of the Port Detroit has determined that establishing a Safety 
Zone around the location of the racecourse will help minimize risks to 
safety of life and property during this event.

C. Discussion of Rule

    In light of the aforementioned hazards, the Captain of the Port 
Detroit has determined that a temporary safety zone is necessary to 
prevent vessels from entering, transiting, or anchoring in the vicinity 
of the event. The safety zone will encompass a 50 yard wide zone around 
the western side of Belle Isle in U.S. Waters, of the Detroit River. 
The area will start on the west side of the Belle Isle Bridge at 
position 42[deg]20.4' N.; 082[deg]59.8' W. to 50 yards offshore; and 
will end 50 yards offshore south of the Dossin Museum parking lot, and 
extending to Belle Isle straight north to position 42[deg]20.1' N.; 
082[deg]59.0' W. (all coordinates are NAD 83).
    This safety zone is necessary in order to ensure the protection of 
Participants of the Detroit Belle Isle Grand Prix and waterways users 
transiting the area. This safety zone will be enforced from 8 a.m. 
until 8 p.m. each day on May 29, 30, and 31, 2015.
    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.
    Vessel operators desiring to transit through this safety zone must 
contact the Coast Guard Patrol Commander to obtain permission to do so. 
The Captain of the Port or his designated on-scene representative may 
be contacted via VHF Channel 16.

D. 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.

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 safety zone created by this rule will be relatively small and 
enforced for relatively short duration, and it is designed to minimize 
the impact on navigation. Under certain conditions, vessels may still 
transit through the safety zone when permitted by the Captain of the 
Port. Moreover, this safety zone is outside the navigable channel. 
Overall, the Coast Guard expects minimal impact to vessel movement from 
the enforcement of this safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 a portion of the Detroit River from 8 a.m. until 8 
p.m. on May 29, 30, and 31, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone is outside of the navigable shipping channel and will not 
obstruct the regular flow of commercial traffic. Vessels may be allowed 
to pass through the safety zone with the permission of the Captain of 
the Port or his designated on-scene representative. The Captain of the 
Port can be reached via VHF channel 16. The Coast Guard will give 
notice to the public via a Broadcast to Mariners that the regulation is 
in effect, allowing vessel owners and operators to plan accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule to that they can better evaluate 
its effects on them. If this 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 section 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 entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

[[Page 29948]]

4. Collection of Information

    This 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 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 withou1111t 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves the establishment of a safety zone and, therefore it 
is categorically excluded from further review 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. Add Sec.  165.T09-0389 to read as follows:


Sec.  165.T09-0389  Safety Zone; Detroit Belle Isle Grand Prix, Detroit 
River, Detroit, MI.

    (a) Safety zone. A safety zone is established to include all waters 
of the Detroit River within a 50-yard wide zone around the western side 
of Belle Isle in U.S. Waters, of the Detroit River. The area will start 
on the west side of the Belle Isle Bridge at position 42[deg]20.4' N.; 
082[deg]59.8' W. to 50 yards offshore; and will end 50 yards offshore 
south of the Dossin Museum parking lot, and extending to Belle Isle 
straight north to position 42[deg]20.1' N.; 082[deg]59.0' W. All 
geographic coordinates are North American Datum of 1983.
    (b) Effective and enforcement period. This regulation will be 
enforced from 8 a.m. until 8 p.m. each day on May 29, 30, and 31, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23, entry into, transiting or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port, 
Detroit, MI, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit, MI, 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 will be aboard either a Coast Guard or Coast Guard 
auxiliary vessel. The Captain of the Port representative may be 
contacted via VHF channel 16 or at 313-568-9464.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit, MI or his on-scene 
representative to request 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 Detroit, MI or his 
on-scene representative.

    Dated: April 11, 2015.
S.B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2015-12554 Filed 5-22-15; 8:45 am]
 BILLING CODE 9110-04-P