Security Zone; North American International Auto Show; Detroit River, Detroit, MI |
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Topics: North American International Auto Show
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J. E. Ogden
Department of Homeland Security
January 24, 2014
[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Rules and Regulations]
[Pages 4077-4079]
From the Federal Register Online via the Government Printing 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
Adrian.F.Palomeque@uscg.mil. 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
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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.
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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]
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