2450 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

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 which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves the establishment of a Special 

Local Regulation in conjunction with a 

marine event permit. Under the terms of 

the instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this regulation. 

List of Subjects in 33 CFR Part 100 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a new temporary § 100.35T08– 

0785 to read as follows: 

§ 100.35T08–0785 Special Local 

Regulations for Marine Events; HITS 

Triathlon; Corpus Christi Bayfront, Corpus 

Christi, TX. 

(a) Definitions. 

(1) As used in this section 

‘‘Participant Vessel’’ means all vessels 

officially registered with event officials 

to race or work in the event. These 

vessels include race boats, rescue boats, 

tow boats, and picket boats associated 

with the race. 

(2) The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, State, and local 

officers designated by or assisting the 

Captain of the Port Corpus Christi in the 

enforcement of the regulated area 

(b) Location. The following area is a 

special local regulation: All waters of 

the Corpus Christi Bayfront area 

contained within the North Entrance to 

the Corpus Christi Marina. The western 

and eastern boundaries are the 

structures that physically construct the 

North Entrance to the Corpus Christi 

Marina; respectively, S. Southshore Line 

Blvd. and the three Breakwater walls. 

The northern boundary is a straight line 

running from the entrance of the Corpus 

Christi Art Museum Pier Security Fence 

(approx 27°48′37.6′′ N/097°32′34.3′′ W) 

to the northern most tip of the 

breakwater walls (approx 27°48′31.1′′ N/ 

097°23′27.2′′ W). The southern 

boundary is a straight line running from 

the intersection of Mann St. and S. 

Southshore Line Blvd. (approx 

27°48′03.5′′ N/097°23′28.1′′ W) to the 

southernmost tip of the breakwater 

walls (approx 27°48′09.5′′ N/ 

097°23′18.1′′ W). 

(c) Enforcement Period. This 

regulation will be enforced on February 

18, 2012 from 6:45 a.m. to 8:15 a.m. and 

11:45 a.m. to 1:15 p.m., and on February 

19, 2012 from 6:45 a.m. to 9:45 a.m., or 

until swim the for each race is complete. 

(d) Regulations. 

(1) In accordance with the general 

regulations for marine events detailed in 

§ 100.35, 100.40, and 100.801 of this 

part, entry into this zone is prohibited 

to all vessels except participant vessels 

and those vessels specifically 

authorized by the Captain of the Port, 

Corpus Christi, designated Coast Guard 

Patrol Commander or a designated 

representative. 

(2) Persons or vessels requiring entry 

into or passage through must request 

permission from the Captain of the Port, 

Corpus Christi, designated Coast Guard 

Patrol Commander or a designated 

representative. They may be contacted 

on VHF Channel 13 or 16, or by 

telephone at (361) 939–6349. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port, Corpus Christi, 

designated Coast Guard Patrol 

Commander or a designated 

representative. 

(e) Informational Broadcasts. The 

Captain of the Port Corpus Christi or a 

designated representative will inform 

the public through broadcast notice to 

mariners when special local regulations 

have been established and if there are 

changes to the enforcement period for 

this special local regulation. 

Dated: November 23, 2011. 

J.R. Pasch, 

Captain, U.S. Coast Guard, Captain of the 

Port, Corpus Christi. 

[FR Doc. 2012–785 Filed 1–17–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1165] 

RIN 1625–AA87 

Security Zone; Potomac and Anacostia 

Rivers, Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

encompassing certain waters of the 

Potomac River and Anacostia River in 

order to safeguard high-ranking public 

officials from terrorist acts and 

incidents. This action is necessary to 

ensure the safety of persons and 

property, and prevent terrorist acts or 

incidents. This rule prohibits vessels 

and people from entering the security 

zone and requires vessels and persons 

in the security zone to depart the 

security zone, unless specifically 

exempt under the provisions in this rule 

or granted specific permission from the 

Coast Guard Captain of the Port 

Baltimore. 

DATES: This rule is effective from 4 p.m. 

until 11:59 p.m. on January 24, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1165 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–1165 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. 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 

rule, call or email Mr. Ronald L. Houck, 

at Sector Baltimore Waterways 

Management Division, Coast Guard; 

telephone (410) 576–2674, email 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 


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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 2451 

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 it is 

contrary to public interest to delay the 

effective date of this rule. The Coast 

Guard is establishing the security zone 

to protect high-ranking government 

officials, mitigate potential terrorist acts, 

and enhance public and maritime safety 

and security. The Coast Guard was 

unable to publish a NPRM due to the 

short time period between event 

planners notifying the Coast Guard of 

the event and publication of the security 

zone. Furthermore, delaying the 

effective date would be contrary to the 

security zone’s intended objectives of 

protecting high-ranking government 

officials, mitigating potential terrorist 

acts and enhancing public and maritime 

safety security. 

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. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment, therefore, a 30-day 

notice period is impracticable. Delaying 

the effective date would be contrary to 

the security zone’s intended objectives 

of protecting high-ranking government 

officials, mitigating potential terrorist 

acts and enhancing public and maritime 

safety and security. 

Background and Purpose 

The President will address the nation 

on January 24, 2012. During this event, 

a gathering of high-ranking United 

States officials will take place at the 

U.S. Capitol Building in Washington, 

DC, in close proximity to navigable 

waterways within the Captain of the 

Port’s Area of Responsibility. 

The Coast Guard has given each Coast 

Guard Captain of the Port the ability to 

implement comprehensive port security 

regimes designed to safeguard human 

life, vessels, and waterfront facilities 

while still sustaining the flow of 

commerce. The Captain of the Port 

Baltimore is establishing this security 

zone to protect high-ranking 

government officials, mitigate potential 

terrorist acts, and enhance public and 

maritime safety and security in order to 

safeguard life, property, and the 

environment on or near the navigable 

waters. 

Discussion of Rule 

Through this regulation, the Coast 

Guard will establish a security zone. 

The security zone will be in effect from 

4 p.m. until 11:59 p.m. on January 24, 

2012. The security zone will include all 

navigable waters of the Potomac River, 

from shoreline to shoreline, bounded on 

the north by the Francis Scott Key (U.S. 

Route 29) Bridge at mile 113.0, 

downstream to and bounded on the 

south between the Virginia shoreline 

and the District of Columbia shoreline 

along latitude 38°51′00′′ N, including 

the waters of the Georgetown Channel 

Tidal Basin; and all waters of the 

Anacostia River, from shoreline to 

shoreline, bounded on the north by the 

11th Street (I–295) Bridge at mile 2.1, 

downstream to and bounded on the 

south by its confluence with the 

Potomac River. This location is entirely 

within the Area of Responsibility of the 

Captain of the Port Baltimore, as set 

forth at 33 CFR 3.25–15. 

This rule provides that entry into, 

attempted entry into, or remaining in 

this security zone is prohibited unless 

authorized by the Coast Guard Captain 

of the Port Baltimore. Except for persons 

or vessels authorized by the Captain of 

the Port Baltimore, no person or vessel 

may enter or remain in the regulated 

area during the effective period. Vessels 

already at berth, mooring, or anchor at 

the time the security zone is 

implemented do not have to depart the 

security zone. All vessels underway 

within the security zone at the time it 

becomes effective are to depart the zone 

immediately. To seek permission to 

transit the area, the Captain of the Port 

Baltimore can be contacted at telephone 

number (410) 576–2693 or on Marine 

Band Radio, VHF–FM channel 16 (156.8 

MHz). Coast Guard vessels enforcing the 

security zone can be contacted on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard will 

issue Broadcast Notices to Mariners to 

further publicize the security zone. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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. Although this security zone 

restricts vessel traffic through the 

affected area, vessels may seek 

permission from the Captain of the Port 

Baltimore to enter and transit the zone. 

Furthermore, the effect of this regulation 

will not be significant due to the limited 

size and duration that the regulated area 

will be in effect. In addition, 

notifications will be made to the 

maritime community via marine 

information broadcasts so mariners may 

adjust their plans accordingly. 

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 may affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to operate or transit 

through or within the security zone 

during the enforcement period. The 

security zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. The security zone is 

of limited duration. Although the 

security zone will apply to the entire 

width of the Potomac and Anacostia 

Rivers, traffic may be allowed to pass 

through the zone with the permission of 

the Captain of the Port Baltimore. Before 

the effective period, maritime advisories 

will be widely available to the maritime 

community. Additionally, given the 

time of year this event is scheduled, the 

vessel traffic is expected to be minimal. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

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 


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2452 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

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. 

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 a 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 will 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 create 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 

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 

procedures; and related management 

systems 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 

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 which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a temporary 

security zone. An environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket 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 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–1165 to read as 

follows: 

§ 165.T05–1165 Security Zone; Potomac 

and Anacostia Rivers, Washington, DC. 

(a) Location. The following area is a 

security zone: All waters of the Potomac 

River, from shoreline to shoreline, 

bounded on the north by the Francis 

Scott Key (U.S. Route 29) Bridge at mile 

113.0, downstream to and bounded on 

the south between the Virginia shoreline 

and the District of Columbia shoreline 

along latitude 38°51′00′′ N, including 

the waters of the Georgetown Channel 

Tidal Basin; and all waters of the 

Anacostia River, from shoreline to 

shoreline, bounded on the north by the 

11th Street (I–295) Bridge at mile 2.1, 

downstream to and bounded on the 

south by its confluence with the 

Potomac River (North American Datum 

1983). 

(b) Definitions. As used in this 

section: 

Captain of the Port Baltimore means 

the Commander, U.S. Coast Guard 

Sector Baltimore, Maryland. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port Baltimore to 

assist in enforcing the security zone 

described in paragraph (a) of this 

section. 

(c) Regulations. The general security 

zone regulations found in 33 CFR 


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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 2453 

165.33 apply to the security zone 

created by this temporary section, 

§ 165.T05.1165. 

(1) All persons are required to comply 

with the general regulations governing 

security zones found in 33 CFR 165.33. 

(2) Entry into or remaining in this 

zone is prohibited unless authorized by 

the Coast Guard Captain of the Port 

Baltimore. Vessels already at berth, 

mooring, or anchor at the time the 

security zone is implemented, however, 

do not have to depart the security zone. 

All vessels underway within this 

security zone at the time it is 

implemented are to depart the zone. The 

Captain of the Port Baltimore may, in 

his discretion, grant waivers or 

exemptions to this rule, either on a caseby-case basis or categorically to a 

particular class of vessel that otherwise 

is subject to adequate control measures. 

(3) Persons desiring to transit the area 

of the security zone must first obtain 

authorization from the Captain of the 

Port Baltimore or his designated 

representative. To seek permission to 

transit the area, the Captain of the Port 

Baltimore and his designated 

representatives can be contacted at 

telephone number (410) 576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio, VHF– 

FM channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel, or other Federal, State, or local 

agency vessel, by siren, radio, flashing 

light, or other means, the operator of a 

vessel shall proceed as directed. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Baltimore or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(4) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zones by Federal, 

State, and local agencies. 

(d) Enforcement period. This section 

will be enforced from 4 p.m. through 

11:59 p.m. on January 24, 2012. 

Dated: January 4, 2012. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2012–786 Filed 1–17–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1157] 

RIN 1625–AA87 

Security Zone; 24th Annual North 

American International Auto Show, 

Detroit River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

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 and security 

of participants, visitors, and public 

officials at the 24th Annual North 

American International Auto Show 

(NAIAS), which is being held at Cobo 

Hall in downtown Detroit, MI. Vessels 

and persons may not enter this security 

zone without permission of the Captain 

of the Port Detroit or the COTP on-scene 

representative. 

DATES: This rule is effective from 8 a.m. 

on January 8, 2012, until 12:01 a.m. on 

January 23, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1157 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–1157 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. 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 

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: 

Regulatory 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 notice of this 

year’s event was not received in 

sufficient time for the Coast Guard to 

solicit public comments before the 

event’s start. Thus, waiting for a notice 

and comment period to run would be 

impracticable and contrary to the public 

interest because it would inhibit the 

Coast Guard’s ability to protect the 

spectators of and participants in this 

event from the hazards discussed below. 

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. Delaying the effective date of 

this rule would be contrary to the public 

interest for the same reasons discussed 

in the preceding paragraph. 

Background and Purpose 

The 24th 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 14 and extend through January 

22. Prior to the public showing, there 

will also be multiple high profile events; 

including the press preview days 

(January 9–10, 2012), industry preview 

days (January 11–12, 2012), and the 

charity preview event (January 13, 

2012). 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 2012 NAIAS is anticipated to rival 

last year’s attendance and will likely be 

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 safeguard portions of the 

Detroit River from destruction, loss, or 

injury from sabotage or other subversive 

acts. 


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