[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Rules and Regulations]
[Pages 4820-4822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-811]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-001]
RIN 1625-AA87


Security Zone; Superbowl XL, 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 zone is intended to restrict 
vessels from a portion of the Detroit River in order to ensure the 
safety of up to 450,000 people expected to attend Super Bowl XL at Ford 
Field as well as related events at Cobo Hall, Hart Plaza and the 
Renaissance Center in downtown Detroit.

DATES: This rule is effective from 8 a.m. (local) on January 31, 2006 
through 8 a.m. (local) on February 6, 2006.

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 [CGD09-06-001] and are available for inspection or 
copying at U.S. Coast Guard Sector Detroit, 110 Mt. Elliott Ave. 
Detroit, MI 48207 between 8 a.m. (local) and 4 p.m. (local), Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Cynthia Channell, Waterways 
Management, Sector Detroit, 110 Mt. Elliott Ave., Detroit, MI 48207; 
(313) 568-9580.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The permit application was not 
received in time to publish an NPRM followed by a final rule before the 
effective date. Under 5 U.S.C. 553(d)(3), good cause exists for making 
this rule effective less than 30 days after publication in the Federal 
Register. Delaying this rule would be contrary to the public interest 
of ensuring the security of the spectators and participants during this 
event and immediate action is necessary to prevent possible loss of 
life or property. The Coast Guard has not received any complaints or 
negative comments previously with regard to this event.

Background and Purpose

    This temporary security zone is necessary to ensure the safety of 
up to 450,000 people expected to attend Super Bowl XL at Ford Field as 
well as related events at Cobo Hall, Hart Plaza and the Renaissance 
Center in downtown Detroit.
    All persons and vessels, other than those approved by the Captain 
of the Port Detroit, or his authorized representative, are prohibited 
from entering or moving within this security zone. The Captain of the 
Port Detroit, or his authorized on-scene representative, may be 
contacted via VHF Channel 16 for further instructions before transiting 
through the restricted area. The public will be made aware of the 
existence of this security zone and the restrictions involved via 
Broadcast Notice to Mariners.

[[Page 4821]]

Discussion of Rule

    A temporary security zone is necessary to ensure the safety of up 
to 450,000 people that are expected to be attending Super Bowl XL at 
Ford Field and related events at Cobo Hall, Hart Plaza and the 
Renaissance Center in downtown Detroit. The zone will be in effect from 
8 a.m. (local) on January 31, 2006 through 8 a.m. (local) on February 
6, 2006.
    The security zone will encompass an area of the Detroit River 
beginning at a point of land adjacent to Joe Louis Arena, at 
42[deg]19'26.6'' N, 083[deg]03'06.6'' W; then extending offshore to the 
3rd St. junction buoy at 42[deg]19'24.2'' N, 83[deg]03'4.7'' W; then 
northeast through the Griswold St. junction buoy at 42[deg]19'31'' N, 
83[deg]02'34.1'' W; then northeast at to 42[deg]19'40'' N, 
083[deg]02'00'' W; then north to a point on land at 42[deg]19'46.3'' N, 
083[deg]02'00'' W (near Atwater Customs station); then southeast 
following the shoreline back to the point of origin. Vessels in close 
proximity to the security zone will be subject to increased monitoring 
and boarding to ensure the safety of the security zone. All geographic 
coordinates are North American Datum of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
representative. Entry into, transit, or anchoring within the security 
zone is prohibited unless authorized by the Captain of the Port Detroit 
or his designated on-scene representative. The Captain of the Port or 
his designated on-scene representative may be contacted via VHF Channel 
16.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zone and that the zone is an area where the 
Coast Guard expects insignificant adverse impact to mariners from the 
zones'' activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners and operators of vessels intending to 
transit or anchor in a portion of the Detroit River, Detroit, Michigan, 
from 8 a.m. (local) on January 31, 2006 through 8 a.m. (local) on 
February 6, 2006.
    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. 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 zone. The Coast Guard will give notice to the 
public via a Broadcast to Mariners that the regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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 rule will not effect 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 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 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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that

[[Page 4822]]

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. The Administrator 
of the office of Information and Regulatory Affairs has not designated 
it as a significant energy action. Therefore, it does not require a 
statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedure; and related management 
system practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. Therefore, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. This event 
establishes a safety zone, therefore, paragraph (34)(g) of the 
Instruction applies.
    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether the 
rule should be categorically excluded from further environmental 
review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.


0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. A new temporary section 165.T09-001 is added as follows:


Sec.  165.T09-001  Security Zone; Superbowl XL, 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 land adjacent to Joe 
Louis Arena, at 42[deg]19'26.6'' N, 083[deg]03'06.6'' W; then extending 
offshore to the 3rd St. junction buoy at 42[deg]19'24.2'' N, 
83[deg]03'4.7'' W; then northeast through the Griswold St. junction 
buoy at 42[deg]19'31'' N, 83[deg]02'34.1'' W; then northeast at 
42[deg]19'40'' N, 083[deg]02'00'' W; then north to a point on land at 
42[deg]19'46.3'' N, 083[deg]02'00'' W (near Atwater Customs station); 
then southeast following the shoreline back to the point of origin. All 
geographic coordinates are North American Datum of 1983 (NAD 83).
    (b) Effective period. This regulation is effective from 8 a.m. 
(local) on January 31, 2006 until 8 a.m. (local) on February 6, 2006.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.33 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 is 
any Coast Guard commissioned, warrant or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on-scene representative may be contacted via VHF Channel 
16.
    (4) Vessel operators desiring to enter or operate within the 
security zone shall contact the Captain of the Port Detroit or his on-
scene representative to obtain permission to do so. Vessel operators 
given permission to enter or operate in the security zone shall comply 
with all directions given to them by the Captain of the Port Detroit or 
his on-scene representative.

    Dated: January 11, 2006.
P.W. Brennan,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 06-811 Filed 1-27-06; 8:45 am]
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