[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39294-39296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14268]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-02-004]
RIN 2115-AA97
Security Zones; Captain of the Port Detroit Zone, Selfridge Air
National Guard Base, Lake St. Clair
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent security zone on
the navigable waters of Lake St. Clair, in the Captain of the Port
Detroit Zone. This security zone is necessary to protect the Selfridge
Army National Guard Base from possible acts of terrorism. This security
zone is intended to restrict vessel traffic from predetermined and
specific areas off of Selfridge Army National Guard Base in Lake St.
Clair.
DATES: This rule is effective June 7, 2002.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD09-02-004 and are available for inspection or
copying at Coast Guard Marine Safety Office, 110 Mt. Elliott Ave,
Detroit, Michigan between 8 a.m. and 4 p.m., Monday through Friday,
except Federal Holidays. The telephone number is (313) 568-9580.
FOR FURTHER INFORMATION CONTACT: LTJG Brandon Sullivan, U.S. Coast
Guard Marine Safety Office Detroit, at (313) 568-9580.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 11, 2002, we published a Notice of Proposed Rulemaking
(NPRM) entitled Security Zone; Selfridge Army National Guard Base, MI.
in the Federal Register (67 FR 17667). We received no letters
commenting on the proposed rule. No public hearing was requested, and
none was held.
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. In response to the terrorists
attacks on September 11, 2001, the Coast Guard implemented temporary
security zones around critical facilities throughout the U.S. One such
facility was the Selfridge Army National Guard Base. A security zone
around the Selfridge Army National Guard Base helps protect against the
subversive type of activity that resulted in the World Trade Center and
Pentagon attacks. Since the temporary security zone will expire on June
15, 2002, in order to continue ensuring security at the Selfridge Army
National Guard Base, this final rule must be implemented prior to the
June 15 expiration. (See 66 FR 52851, October 18, 2001). As such, it is
necessary to make this rule effective less than 30 days after
publication.
Background and Purpose
On September 11, 2001, the United States was the target of
coordinated attacks by international terrorists resulting in
catastrophic loss of life, the destruction of the World Trade Center,
and significant damage to the Pentagon. National security and
intelligence officials warn that future terrorists attacks are likely.
To protect from such, this regulation will establish a permanent
security zone off the waters of Selfridge Army National Guard Base in
Harrison Township, Michigan.
This security zone is necessary to protect the public, facilities,
and the surrounding area from possible sabotage or other subversive
acts. All persons other than those approved by the Captain of the Port
Detroit, or his authorized representative, are prohibited from entering
or moving within this zone. The Captain of the Port Detroit may be
contacted via VHF Channel 16 for further instructions before transiting
through the restricted area. The Captain of the Port Detroit's on-scene
representative will be the patrol commander. In addition to publication
in the Federal Register, the public will be made aware of the existence
of this security zone, exact location and the restrictions involved via
Broadcast Notice to Mariners.
Discussion of Final Rule
Following the catastrophic nature and extent of damage realized
from the attacks of September 11, this rulemaking is necessary to
protect the national security interests of the United States against
future public and governmental targets.
On April 11, 2002 the Coast Guard published a Notice of Proposed
Rulemaking for a permanent security zone off of the Army National Guard
Base (33 CFR 165.910) This regulation will establish a permanent
security zone on the waters off of Selfridge Army National Guard Base
in Michigan, commencing at the northeast corner of Selfridge Army
National Guard Base at 42 deg.37.8' N, 082 deg.49.1' W; east to
42 deg.37.8' N, 082 deg.48.45' W (approximately one half mile from
shore; south to 42 deg.37.2'
[[Page 39295]]
N, 082 deg.48.45' W; then southeast to 42 deg.36.8' N, 082 deg.47.2' W;
then southwest to 42 deg.36.4' N, 082 deg.47.9' W (northeast corner of
the Westside breakwall at the entrance to Mac and Rays Marina); then
following the shoreline back to the beginning. The south and western
boundaries are the shoreline of Selfridge Army National Guard Base.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. The Office of Management and Budget has exempted it from
review under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040, February 26, 1979). The Coast Guard expects the economic
impact of this proposal to be so minimal that a full Regulatory
Evaluation under paragraph 10(e) of the regulatory policies and
procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this final rule would have a significant economic
impact on a substantial number of small entities. 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 final
rule would not have a significant economic impact on a substantial
number of small entities.
This 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.
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 final rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 office listed in ADDRESSES
in this preamble. 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).
Collection of Information
This final rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
We have analyzed this final rule under Executive Order 13132,
Federalism, and have determined that this rule does not have
implications for federalism under that Order.
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 or more in any
one year. Though this final rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This final rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This final 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.
Protection of Children
We have analyzed this final rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action.
Environment
We have considered the environmental impact of this final rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation.
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
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
Sec. 165.T09-998 [Removed]
2. Remove Sec. 165.T09-998
3. Add Sec. 165.910 to read as follows:
Sec. 165.908 Security Zones; Captain of the Port Detroit Zone,
Selfridge Army National Guard Base.
(a) Location. The following is a security zone: All waters and
adjacent shoreline of Lake St. Clair encompassed
[[Page 39296]]
by a line commencing at the northeast corner of Selfridge Army National
Guard Base at 42 deg.37.8[min] N, 082 deg.49.1[min] W; east to
42 deg.37.8[min] N, 082 deg.48.45[min] W (approximately one half mile
from shore); south to 42 deg.37.2[min] N, 082 deg.48.45[min] W; then
southeast to 42 deg.36.8[min] N, 082 deg.47.2[min] W; then southwest to
42 deg.36.4[min] N, 082 deg.47.9[min] W (northeast corner of the
Westside breakwall at the entrance to Mac and Rays Marina); then
following the shoreline back to the beginning.
(b) Regulations. (1) In accordance with Sec. 165.33, entry into
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port Detroit. Section 165.33 also contains other general
requirements.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number (313) 568-9580, or
on VHF channel 16 to seek permission to transit the area. If permission
is granted, all persons and vessels shall comply with the instructions
of the Captain of the Port or his or her designated representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
Dated: May 31, 2002.
P.G. Gerrity,
Commander, Coast Guard, Captain of the Port Detroit.
[FR Doc. 02-14268 Filed 6-6-02; 8:45 am]
BILLING CODE 4910-15-P