[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Rules and Regulations]
[Pages 76411-76414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31193]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-1077]
RIN 1625-AA87


Security Zone; 25th Annual North American International Auto 
Show, Detroit River, Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 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 25th Annual North American International Auto Show (NAIAS), 
which is being held at Cobo Hall in downtown Detroit, MI. Vessels in 
close proximity to the security zone will be subject to increased 
monitoring and boarding during the enforcement of the security zone.

DATES: This temporary final rule is effective from 8:00 a.m. on January 
13, 2013 until 12:00 a.m. on January 28, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-1077. 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 final 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 the 
docket, call Renee V. Wright, 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. 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 doing so would be impracticable, 
unnecessary and contrary to the public interest. The final details 
regarding the security measures associated with this year's 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, waiting 
for a notice and comment period to run would be impracticable and 
contrary to

[[Page 76412]]

the public interest because it would inhibit the Coast Guard from 
protecting the participants, visitors, and public officials at this 
year's NAIAS.
    It is also unnecessary to solicit public comments because the NAIAS 
event has taken place annually under the same name since 1989, has been 
recognized as one of the premier international car shows in the world 
for more than twenty-five years, and has been at the same location 
since 1965. In light of the long history of this event and the prior 
years that it has been regulated by the Coast Guard, public awareness 
in the affected area is high, making it unnecessary to wait for a 
comment period to run before enforcing this security zone for the 
January 2013 NAIAS event.
    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. For the same reasons discussed in 
the preceding two paragraphs, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The 25th 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. The public 
showing days of the NAIAS begin January 19 and extend through January 
27. Prior to the public showing, there will also be multiple high 
profile events; including the press preview days (January 14-15, 2013), 
industry preview days (January 16-17, 2013), and the charity preview 
event (January 18, 2013). 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 2013 NAIAS is anticipated to rival the 2011 show's 
attendance and will likely remain as one of the largest media events in 
North America.
    NAIAS has attracted numerous protesters from various organizations. 
Due to the current state of the economy, the recent number of layoffs, 
the closures of several thousand automotive dealerships around the 
country, and the likely presence of high profile visitors, it is 
possible that protests may continue to occur at this year's event. 
Consequently, the Captain of the Port Detroit has determined that it is 
necessary to establish a temporary security zone to protect 
participants, visitors, and public officials attending the event from 
any potential unrest and conflict that might arise from mass protests.

C. Discussion of Rule

    To safeguard portions of the Detroit River during this year's 
event, the Captain of the Port Detroit has determined that a temporary 
security zone is necessary. This security zone will ensure the safety 
of the participants in and visitors of the 25th Annual North American 
International Auto Show being held at Cobo Hall in downtown Detroit, 
MI. The security zone will be in effect from 8:00 a.m. on January 13, 
2013 until 12:00 a.m. on January 28, 2013. The zone will only be 
enforced from 8:00 a.m. to 12:00 a.m. daily for the duration of the 
event.
    The 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 
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. Vessels in close proximity to 
the security zone will be subject to increased monitoring and boarding. 
All geographic coordinates are North American Datum of 1983 (NAD 83).
    Entry into, transiting, including below the surface of the water, 
or anchoring within the security zones is prohibited unless authorized 
by the Captain of the Port, Sector Detroit, or his designated on-scene 
representative. The on-scene representative of the Captain of the Port 
will be aboard a Coast Guard or Local Law Enforcement vessel. The 
Captain of the Port or his designated on-scene representative may be 
contacted via VHF Channel 16.
    The security zone created by this rule does not inhibit members of 
the public from assembling on shore or expressing from locations on 
shore their points of view to those attending the NAIAS.

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 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 a 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 on the Detroit 
River will be relatively small and exist for only a minimal time. Thus, 
restrictions on vessel movement within any particular area of the 
Detroit River are expected to be minimal. Under certain conditions, 
vessels may still transit through the security zone when permitted by 
the Captain of the Port. Moreover, vessels may still transit freely in 
Canadian waters adjacent to the security 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 the temporary security zone 
established by this rule between 8:00 a.m. on January 13, 2013 until 
12:00 a.m. on January 28, 2013.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
security zone 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 temporary security zone affects shipping, commercial 
vessels may request permission from the Captain of the Port Detroit to 
transit through the security

[[Page 76413]]

zone. 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.

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 small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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. 
The security zone created by this rule does not inhibit members of the 
public from assembling on shore or expressing from locations on shore 
their points of view to those attending the NAIAS. Nonetheless, 
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 concluded 
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, 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 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:  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; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T09-1077 to read as follows:


Sec.  165.T09-1077  Security Zone; 25th Annual North American 
International Auto Show, Detroit River, Detroit, MI

    (a) Location. The following area is a temporary security zone: 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 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

[[Page 76414]]

origin on land adjacent to the west end of the Joe Louis Arena. All 
geographic coordinates are North American Datum of 1983 (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective 
from 8:00 a.m. on January 13, 2013 until 12:00 a.m. on January 28, 
2013. However, the security zone will only be enforced from 8:00 a.m. 
to 12:00 a.m. daily from January 13, 2013 through January 28, 2013.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this security zone is prohibited unless authorized by the 
Captain of the Port Detroit, or his designated on-scene representative.
    (2) This security zone is closed to all vessel traffic, except as 
may be permitted by the Captain of the Port Detroit or his designated 
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Detroit is any Coast Guard commissioned, warrant or petty 
officer or a Federal, State, or local law enforcement officer 
designated by or assisting the Captain of the Port, Sector Detroit to 
act on his behalf.
    (4) Vessel operators desiring to enter or operate within the 
security zone shall contact the Captain of the Port, Sector Detroit or 
his on-scene representative to obtain permission to do so. The Captain 
of the Port, Sector Detroit or his on-scene representative may be 
contacted via VHF Channel 16 or at 313-568-9464. Vessel operators given 
permission to enter or operate in the security zones must comply with 
all directions given to them by the Captain of the Port, Sector 
Detroit, or his on-scene representative.

    Dated: December 17, 2012.
J. E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-31193 Filed 12-27-12; 8:45 am]
BILLING CODE 9110-04-P