Security Zone; 25th Annual North American International Auto Show, Detroit River, Detroit, MI, 76411-76414 [2012-31193]
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Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations
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 which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
restricting vessel traffic on a cumulative
30 mile stretch of the UMR to keep
waterway users safe during a USACE
contractor’s rock pinnacle removal
operations. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist and a
categorical exclusion determination will
be made available as indicated under
the ADDRESSES section.
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:
contractors are conducting rock removal
operations. The Captain of the Port
(COTP) Ohio Valley or designated
representatives will provide advance
notice to the public of the enforcement
periods and locations for the safety zone
and of any changes in the effective
period of the safety zone through
broadcast notices to mariners and
through coordination with River
Industry Action Committee.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into this zone by all
vessels during the enforcement period is
prohibited unless authorized by the
COTP Ohio Valley or a designated
representative.
(2) Vessels requiring entry into or
passage through the zone must contact
the lead vessel on scene, or Coast Guard
Sector Ohio Valley on VHF–FM channel
13 or 16. The lead vessel on scene will
be announced via broadcast notice to
mariners.
(3) All persons and vessels shall
comply with the instructions of the
COTP Ohio Valley and designated onscene patrol personnel. On-scene patrol
personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
76411
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:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Dated: December 12, 2012.
L. W. Hewett,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2012–31136 Filed 12–27–12; 8:45 am]
Table of Acronyms
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.
BILLING CODE 9110–04–P
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Coast Guard
■
2. A new temporary § 165.T08–0998 is
added to read as follows:
■
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§ 165.T08–0998 Safety Zone; Upper
Mississippi River MM 35.0 to 55.0, Thebes,
IL and Cape Girardeau, MO, and MM 75.0 to
85.0, Grand Tower, IL.
(a) Location. The following area is a
safety zone: All waters of the Upper
Mississippi River between miles 35.0
and 55.0, extending the entire width of
the river, and all waters of the Upper
Mississippi River between miles 75.0
and 85.0, extending the entire width of
the river.
(b) Effective dates. This safety zone is
effective from December 15, 2012 to
March 31, 2013.
(c) Enforcement Period and
Informational Broadcasts: This safety
zone will only be enforced for certain
periods between the effective dates,
when the Army Corps of Engineer’s
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DEPARTMENT OF HOMELAND
SECURITY
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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
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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
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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
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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°
19.44′ N., 083° 03.11′ W.; then
extending offshore approximately 150
yards to 42° 19.39′ N., 083° 03.07′ W.;
then proceeding upriver approximately
2000 yards to a point at 42° 19.72′ N.,
083° 01.88′ W.; then proceeding onshore
to a point on land adjacent the
Tricentennial State Park at 42° 19.79′ N.,
083° 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
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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
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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).
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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
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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.
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76413
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
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.
2. Add § 165.T09–1077 to read as
follows:
■
§ 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° 19.44′ N., 083°
03.11′ W.; then extending offshore
approximately 150 yards to 42° 19.39′
N., 083° 03.07′ W.; then proceeding
upriver approximately 2000 yards to a
point at 42° 19.72′ N., 083° 01.88′ W.;
then proceeding onshore to a point on
land adjacent to the Tricentennial State
Park at 42° 19.79′ N., 083° 01.90′ W.;
then proceeding downriver along the
shoreline to connect back to the point of
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Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations
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 onscene 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
DEPARTMENT OF EDUCATION
34 CFR Part 685
RIN 1840–AC94
[Docket ID ED–2008–OPE–0009]
William D. Ford Federal Direct Loan
Program
Department of Education.
ACTION: Final regulations; correction.
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AGENCY:
SUMMARY: On October 23, 2008, the
Department of Education amended the
regulations for the Federal Perkins Loan
(Perkins Loan) Program; the Federal
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18:32 Dec 27, 2012
Jkt 229001
Family Education Loan (FFEL) Program;
and the William D. Ford Federal Direct
Loan (Direct Loan) Program, including
the Public Service Loan Forgiveness
(PSLF) Program offered within the
Direct Loan Program. This document
makes corrections to the October 23,
2008, final regulations.
DATES: Effective December 28, 2012.
FOR FURTHER INFORMATION CONTACT:
Pamela Moran, U.S. Department of
Education, 1990 K Street NW., Room
8023, Washington, DC 20006–8502.
Telephone: (202) 502–7732. Email:
Pamela.Moran@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or compact disc) on request
to the contact person listed in this
section.
SUPPLEMENTARY INFORMATION: Within the
regulations issued on October 23, 2008,
the Secretary included rules to
implement the Public Service Loan
Forgiveness benefit offered within the
Direct Loan Program. 73 FR 63232. One
of the matters addressed by those rules
was the extent to which service for an
organization engaged in religious
activities qualifies a borrower for the
loan forgiveness benefit. The
Department’s intent in regulating in this
area was to be consistent with the
treatment of such service in
corresponding regulations for the FFEL
Program (34 CFR 682.210(m)), the
Perkins Loan Program (34 CFR
674.36(c)(4)), and the Department of
Defense Program to Encourage Public
and Community Service (32 CFR
77.3(a)). However, as a result of a
drafting error, the Department omitted
wording from paragraph (3) of the
definition of ‘‘public service
organization’’ in 34 CFR 685.219(b) that
would have corresponded with language
in paragraph (5)(ii) of the definition and
been consistent with language in the
regulations for the FFEL, Perkins Loan,
and Department of Defense programs.
This language would have made clear
that service for a non-profit organization
that qualifies a borrower for the loan
forgiveness benefit cannot be comprised
of activities that are related to religious
instruction, worship services, or any
form of proselytizing. To correct the
drafting error, the Department is
publishing this technical correction to
add the omitted language. This
correction clarifies the intended
meaning of the regulations. The
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Department also corrects a
typographical error—the spelling of the
word ‘‘health’’ under paragraph (5)(i) of
the definition of ‘‘public service
organization.’’
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
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List of Subjects in 34 CFR Part 685
Administrative practice and
procedure, Colleges and universities,
Loan programs—education, Reporting
and recordkeeping requirements,
Student aid, Vocational education.
Dated: December 21, 2012.
David Bergeron,
Acting Assistant Secretary for Postsecondary
Education.
Accordingly, 34 CFR part 685 is
corrected as follows:
PART 685—WILLIAM D. FORD
FEDERAL DIRECT LOAN PROGRAM
1. The authority citation for part 685
continues to read as follows:
■
Authority: 20 U.S.C. 1070g, 1087a, et seq.,
unless otherwise noted.
2. Section 685.219(b) is amended by:
A. In the definition of ‘‘public service
organization,’’ revising paragraph (3).
■ B. In paragraph (5)(i) of the definition
of ‘‘public service organization,’’
removing the word ‘‘heath’’ and adding,
in its place, the word, ‘‘health’’.
The revision reads as follows:
■
■
§ 685.219 Public Service Loan Forgiveness
Program.
*
*
*
*
*
(b) * * *
(3) A non-profit organization under
section 501(c)(3) of the Internal Revenue
Code that—
(i) Is exempt from taxation under
section 501(a) of the Internal Revenue
Code; and
E:\FR\FM\28DER1.SGM
28DER1
]]>Agencies
[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
