[Federal Register Volume 89, Number 76 (Thursday, April 18, 2024)]
[Rules and Regulations]
[Pages 27670-27672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08303]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0266]
RIN 1625-AA87


Security Zone; 2024 NFL Draft, Detroit River, Detroit, MI

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
the Detroit River, in the vicinity of Detroit, MI. This zone is 
intended to restrict vessels from a portion of the Detroit River for 
the security of the spectators and participance of the 2024 NFL Draft 
from the public, and surrounding waterways from terrorist acts, 
sabotage or other subversive acts, accidents, or other causes of a 
similar nature. Persons and vessels are prohibited from entering into, 
transiting

[[Page 27671]]

through, or anchoring within the security zone unless authorized by the 
Captain of the Port Detroit (COTP), or a designated representative. 
This temporary security zone is necessary to protect national security.

DATES: This regulation is effective from 8 a.m. on April 25, 2024, 
through 6 p.m. April 27, 2024, and will be enforced during event times.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0266 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Tracy Girard, Waterways Division, Sector Detroit, Coast 
Guard; telephone (313) 568-9564, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 the Coast Guard was notified with 
insufficient time to accommodate the comment period. Delaying the 
effective date of this rule to wait for the comment period to run would 
be impracticable and contrary to the public interest because it would 
prevent the COTP Detroit from keeping the public and public figures 
safe from known and unknown threats.
    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 impracticable because immediate action is needed to 
protect the public and participants from known and unknown threats.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of 
Homeland Security Delegation No. 0170.1. The COTP has determined that 
potential risks are associated with the event. These hazards include 
potential security threats, violent or disruptive public disorder, 
delivery of a weapon of mass destruction, launch of a stand-off attack 
weapon, or delivery of an armed assault force. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the security zone throughout the duration of the event.

IV. Discussion of the Rule

    This rule establishes a security zone that will be in effect from 8 
a.m. on April 25, 2024, through 6 p.m. on April 27, 2024, and enforced 
during event times. The security zone will encompass all U.S. navigable 
waters of the Detroit River that are within the following boundary to 
the shore: Starting from a point at 42[deg]19'32.88'' North Latitude 
and 083[deg]2'45.48'' West Longitude and proceeding South-Southeast 
until intersecting a point at position 42[deg]19'27.06'' North Latitude 
and 083[deg]2'43.56'' West Longitude; thence proceeding East-Northeast 
until intersecting a point at 42[deg]19'31.26'' North Latitude and 
083[deg]2'28.8'' West Longitude; thence proceeding North-Northwest 
until intersecting a point at position 42[deg]19'37.38'' North Latitude 
and 083[deg]2'31.26'' West Longitude.
    The duration of the zone is intended to protect the spectators and 
participants from potential risks in these navigable waters during the 
event. Entry into, transiting, or anchoring within the security zone is 
prohibited unless authorized by the COTP, Sector Detroit, or a 
designated representative. The COTP or his designated representative 
may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the security zone. The majority of vessel 
traffic will be able to safely transit prior to and immediately after 
the security zone enforcement period, which will impact only portions 
of the Detroit River in Detroit, MI for a period of 12 hours per day. 
Vessels will be able to transit around the security zone on the Detroit 
River. Under certain conditions, moreover, vessels may still transit 
through the security zone only when permitted by the COTP.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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

[[Page 27672]]

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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section above.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined 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 a 
security zone lasting 12 hours per day that will prohibit entry within 
all U.S. navigable waters of the Detroit River within a Detroit River 
that are within the following boundary to the shore: Starting from a 
point at 42[deg]19'32.88'' North Latitude and 083[deg]2'45.48'' West 
Longitude and proceeding South-Southeast until intersecting a point at 
position 42[deg]19'27.06'' North Latitude and 083[deg]2'43.56'' West 
Longitude; thence proceeding East-Northeast until intersecting a point 
at 42[deg]19'31.26'' North Latitude and 083[deg]2'28.8'' West 
Longitude; thence proceeding North-Northwest until intersecting a point 
at position 42[deg]19'37.38'' North Latitude and 083[deg]2'31.26'' West 
Longitude. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T09-0266 to read as follows:


Sec.  165.T09-0266  Security Zone; 2024 NFL Draft, Detroit River, 
Detroit, MI.

    (a) Location. The following area is the temporary security zone: 
All U.S. navigable waters of the Detroit River that are within the 
following boundary to the shore: Starting from a point at 
42[deg]19'32.88'' North Latitude and 083[deg]2'45.48'' West Longitude 
and proceeding South-Southeast until intersecting a point at position 
42[deg]19'27.06'' North Latitude and 083[deg]2'43.56'' West Longitude; 
thence proceeding East-Northeast until intersecting a point at 
42[deg]19'31.26'' North Latitude and 083[deg]2'28.8'' West Longitude; 
thence proceeding North-Northwest until intersecting a point at 
position 42[deg]19'37.38'' North Latitude and 083[deg]2'31.26'' West 
Longitude.
    (b) Enforcement period. This section is in effect from 8 a.m. on 
April 25, 2024, through 6 p.m. April 27, 2024, and will be enforced 
during event times.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33, entry into, transiting or anchoring within the security 
zone in paragraph (a) of this section is prohibited unless authorized 
by the Captain of the Port Detroit (COTP) or his designated 
representative.
    (2) The security zone is closed to all vessel traffic, except as 
may be permitted by the COTP Detroit or his designated representative.
    (3) The ``designated representative'' of the COTP is any Coast 
Guard commissioned, warrant, or petty officer who has been designated 
by the COTP to act on his behalf. The designated representative of the 
COTP will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The COTP or his designated representative may be contacted via 
VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the 
security zone shall contact the COTP or his designated representative 
to obtain permission to do so. Vessel operators given permission to 
enter or operate in the security zone must comply with all directions 
given to them by the COTP or a designated representative.

    Dated: April 1, 2024.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2024-08303 Filed 4-17-24; 8:45 am]
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