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. 


pmangrum on DSK3VPTVN1PROD with RULES
2454 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

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 24th Annual North 

American International Auto Show 

being held at Cobo Hall in downtown 

Detroit, MI. The security zone will be in 

effect from 8 a.m. on January 8, 2012, 

until 12:01 a.m. on January 23, 2012. 

The zone will be enforced from 8 a.m. 

to 12:01 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). 

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 onscene representative may be contacted 

via VHF Channel 16. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 14 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, 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 that Order. The Office 

of Management and Budget has not 

reviewed it under Order 12866 or under 

section 1 of Executive Order 13563. 

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, 

moreover, vessels may still transit 

through the security zone when 

permitted by the Captain of the Port. We 

expect the economic impact of this 

proposed 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 short time that vessels 

will be restricted from the area of water 

impacted by the security zone. 

Moreover, vessels may still transit freely 

in Canadian waters adjacent to the 

security zone. 

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 or operators of 

vessels intending to transit or anchor in 

a portion of the Detroit River, Detroit, 

Michigan, beginning at a point of origin 

on land 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 at 42°19.79′ N, 

083°01.90′ W; then returning to the 

point of origin from 8 a.m. January 8, 

2012, through 12:01 a.m. on January 23, 

2012. 

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 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 

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 (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. 


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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 2455 

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. 

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 

procedure; 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 that 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 because it 

involves the establishment of a 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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–1157 to read as 

follows: 

§ 165.T09–1157 Security Zone; 24th 

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 

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 a.m. 

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

January 23, 2012. However, the security 

zone will be enforced from 8 a.m. to 

12:01 a.m. daily from January 8, 2012, 

through January 23, 2012. 

(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. 

(5) 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 5, 2012. 

J.E. Ogden, 

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

Port Detroit. 

[FR Doc. 2012–787 Filed 1–17–12; 8:45 am] 

BILLING CODE 9110–04–P 


pmangrum on DSK3VPTVN1PROD with RULES