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Security Zone; Captain of the Port Detroit Zone, Selfridge Air National Guard Base, Lake St. Clair
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[Federal Register: April 11, 2002 (Volume 67, Number 70)]
[Proposed Rules]
[Page 17667-17669]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap02-23]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-02-004]
RIN 2115-AA97
Security Zone; Captain of the Port Detroit Zone, Selfridge Air
National Guard Base, Lake St. Clair
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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 Air National Guard Base from possible acts of terrorism. This
security zone is intended to restrict vessel traffic from a
predetermined and specific area in Lake St. Clair off of Selfridge Air
National Guard Base.
DATES: Comments and related material must reach the Coast Guard on or
before May 13, 2002.
ADDRESSES: You may mail comments to U.S. Coast Guard Marine Safety
Office Detroit, 110 Mt. Elliott Ave, Detroit, Michigan 48207. The
telephone number is (313) 568-9580. Marine Safety Office Detroit
maintains the public docket for this rulemaking. Comments and materials
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) Brandon
Sullivan, U.S. Coast Guard Marine Safety Office Detroit, 110 Mt.
Elliott Ave, Detroit, Michigan 48207, (313) 568-9580.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD09-02-
004), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to U.S. Coast Guard Marine Safety
Office Detroit at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
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.
We propose to establish a permanent security zone in the waters off
of Selfridge Air National Guard Base in Harrison Township, Michigan.
The security zone commences at the northeast corner of Selfridge Air
National Guard Base at 42 deg. 37.8' N, 082 deg. 49.1' W; then eastward
approximately one half mile from shore to 42 deg. 37.8' N, 082 deg.
48.45' W, then south to 42 deg. 37.2' N, 082 deg. 48.45' W, then
southeast to 42 deg. 36.8' N, 082 deg. 47.2' W, then southwest to Mac
and Rays Marina 42 deg. 36.4' N, 082 deg. 47.9' W. These coordinates
are based upon North American Datum 1983 (NAD 83). The westerly
boundary is the shoreline of Selfridge Air National Guard Base.
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 Proposed Rule
Following the catastrophic nature and extent of damage realized
from the attacks of September 11, this proposed rulemaking is necessary
to protect the national security interests of the United States against
future attacks.
On September 24, 2001 we published a temporary final rule
establishing a security zone on the waters around Selfridge Air
National Guard Base (66 FR 48796), which was later amended on October
18, 2001 (66 FR 52851). The current rulemaking proposes to establish a
permanent security zone in place of that temporary security zone. This
regulation proposes to establish permanent security zone for the waters
off of Selfridge Air National Guard Base in Harrison Township,
Michigan, commencing at the northeast corner of Selfridge Air National
Guard Base at 42 deg. 37.8' N, 082 deg. 49.1' W; then eastward
approximately one half mile from shore to 42 deg. 37.8' N, 082 deg.
48.45' W; then south to 42 deg. 37.2' N, 082 deg. 48.45' W; then
southeast to 42 deg. 36.8' N, 082 deg. 47.2' W; then southwest to Mac
and Rays Marina 42 deg. 36.4' N, 082 deg. 47.9' W. These coordinates
are based upon North American Datum 1983 (NAD 83). The westerly
boundary is the shoreline of Selfridge Air National Guard Base.
Regulatory Evaluation
This proposed 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 proposed 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
[[Page 17668]]
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 proposed
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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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
The Coast Guard has analyzed this proposed 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 proposed 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
The Coast Guard has analyzed this proposed 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. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Environment
The Coast Guard has considered the environmental impact of this
proposed 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. A
written categorical exclusion determination is available in the docket
for inspection or copying where indicated under ADDRESSES.
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 proposes
to amend 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: 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. 165.910 Security Zone; Captain of the Port Detroit Zone,
Selfridge Air National Guard Base.
(a) Location. The following is a security zone: Commencing at the
northeast corner of Selfridge Air National Guard Base at 42 deg.37.8'
N, 082 deg.49.1' W; then eastward approximately one half mile from
shore to 42 deg.37.8' N, 082 deg.48.45' W; then south to 42 deg.37.2'
N, 082 deg.48.45' W; then southeast to 42 deg.36.8' N, 082 deg.47.2' W;
then southwest to Mac and Rays Marina 42 deg.36.4' N, 082 deg.47.9' W
(NAD 83). The westerly boundary is the shoreline of Selfridge Air
National Guard Base.
(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 Detroit at telephone number (313) 568-
9580, or on VHF/FM channel 16 to seek permission to transit the area.
If permission is granted, all persons and vessels shall comply with
[[Page 17669]]
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: April 4, 2002.
P. G. Gerrity,
Commander, Coast Guard, Captain of the Port Detroit.
[FR Doc. 02-8786 Filed 4-10-02; 8:45 am]
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