
[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Proposed Rules]               
[Page 17106-17109]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap10-28]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0174]
RIN 1625-AA00

 
Safety Zone; Red Bull Air Race, Detroit River, Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a temporary safety zone 
on the Detroit River, Detroit, Michigan. This zone is intended to 
restrict vessels from portions of the Detroit River during the Red Bull 
Air Race. This temporary safety zone is necessary to protect spectators 
and vessels from the hazards associated with air races.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 5, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0174 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail CDR Joseph Snowden, Prevention Department, Sector 
Detroit, Coast Guard; telephone (313) 568-9580, e-mail 
Joseph.H.Snowden@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0174), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail or hand 
delivery, but please use only one of these means. A comment submitted 
online via http://www.regulations.gov will be considered received by 
the Coast Guard when the comment is successfully transmitted; a comment 
submitted via fax, hand delivery, or mail, will be considered as having 
been received by the Coast Guard when the comment is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0174'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and we may 
change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0174'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and the public from hazards associated with an air race. The 
Captain of the Port Detroit has determined air races in close proximity 
to watercraft and infrastructure pose a significant risk to public 
safety and property. The likely combination of large numbers of 
recreational vessels, airplanes traveling at high speeds and performing 
aerial acrobatics, and large numbers of spectators in close proximity 
on the water could easily result in serious injuries or fatalities. 
Establishing a safety zone around the location of the race's course 
will help ensure the safety of persons and property at these events and 
help minimize the associated risks.

Discussion of Proposed Rule

    This proposed rule is intended to ensure safety of the public and 
vessels

[[Page 17107]]

during the setup, course familiarization, time trials and race in 
conjunction with the Red Bull Air Race. The safety zone will be in 
effect from 9 a.m. June 3, 2010 through 6:30 p.m. June 6, 2010, to 
accommodate for the air race and its associated set-up and removal. 
During that period, the safety zone will be enforced daily from 9 a.m. 
to 6:30 p.m., June 3rd through 6th, 2010. Specifically, on June 5th and 
6th, 2010, the river closure will be enforced during any air race 
activities. Vessels seeking to transit the zone should contact the 
Captain of the Port's on-scene representative. The on-scene 
representative may permit vessels to transit the area when no air race 
activity is occurring. On June 5, 2010, the river closure will total no 
more than 5 hours between the hours of 9 a.m. to 6:30 p.m. On June 6, 
2010, the river closure will total no more than 6 hours between the 
hours of 9 a.m. to 6:30 p.m. The Coast Guard expects to have additional 
information from the event organizer before publication of the final 
rule and may adjust the hours of enforcement for each day. The Coast 
Guard also expects the temporary final rule will be effective less than 
30 days after publication in the Federal Register because delaying the 
effective date would be contrary to the public interest due to the need 
to protect the public from the dangers associated with air racing.
    The temporary safety zone will encompass all navigable waters of 
the United States on the Detroit River, Detroit, MI, bound by a line 
extending from a point on land southwest of Joe Louis Arena at position 
42[deg]19.4' N; 083[deg]3.3' W, northeast along the Detroit shoreline 
to a point on land at position 42[deg]20.0' N; 083[deg]1.2' W, 
southeast to the international border with Canada at position 
42[deg]19.8' N; 083[deg]1.0' W, southwest along the international 
border to position 42[deg]19.2'N; 083[deg]3.3' W, and northwest to the 
point of origin at position 42[deg]19.4' N; 083[deg]3.3' W. (DATUM: NAD 
83).
    The Captain of the Port will cause notice of enforcement of the 
safety zone established by this section to be made by all appropriate 
means to the affected segments of the public. Such means of 
notification will include, but is not limited to, Broadcast Notice to 
Mariners and Local Notice to Mariners. Likewise, the Windsor Port 
Authority intends to restrict vessel movement on the Canadian side of 
the Detroit River. The exclusionary area on the Canadian side will be 
aligned with the east and west borders of the U.S. safety zone and will 
extend to the shoreline along Windsor, ON. The Captain of the Port will 
issue a broadcast Notice to Mariners notifying the public when 
enforcement of the safety zone is terminated.

Regulatory Analyses

    We developed this proposed 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 proposed 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 proposed rule restricts access to the safety zone, 
the effect of this rule will not be significant because: (i) The safety 
zone will be in effect for a limited duration; (ii) zone is an area 
where the Coast Guard expects minimal adverse impact to mariners from 
the zone's activation; and (iii) the Coast Guard will make 
notifications via maritime advisories so mariners can adjust their 
plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This 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 portion of the Detroit River discussed above 
between 9 a.m. and 6 p.m. on June 3, through June 6, 2010.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: this 
safety zone will be subject to enforcement for a short duration of 
approximately six hours each day of its effective period. Additionally, 
small entities such as passenger vessels have been involved in the 
planning stages of this event and have had opportunities to make 
alternate arrangements with regards to mooring positions and business 
operations during the hours this safety zone will be in effect. 
Furthermore, prior to the event local sailing and yacht clubs will be 
provided with information by Coast Guard Station Belle Isle on what to 
expect during the event. Station Bell Isle will do this in order to 
minimize interruptions in the normal business practices of local 
sailing and yacht clubs. In the event that this temporary safety zone 
affects shipping, commercial vessels may request permission from the 
Captain of the Port Detroit to transit through the safety zone. The 
Coast Guard will give notice to the public via a Broadcast Notice to 
Mariners that the regulation is in effect. Additionally, the COTP will 
suspend enforcement of the safety zone if the event for which the zone 
is established ends earlier than the expected time.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact CDR Joseph Snowden, Prevention 
Department, Sector Detroit, Coast Guard; telephone (313) 568-9580, e-
mail Joseph.H.Snowden@uscg.mil. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    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

[[Page 17108]]

this proposed 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 proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a temporary safety zone. Based on 
our preliminary determination, there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 
figure 2-1, paragraph (34)(g) of the Instruction and neither an 
environmental assessment nor a environmental impact statement is 
required.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 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.

    2. Add Sec.  165.T09-0174 to read as follows:


Sec.  165.T09-0174  Safety Zone; Red Bull Air Race, Detroit River, 
Detroit, MI.

    (a) Location. The following area is a temporary safety zone: all 
U.S. waters of the Detroit River, Detroit, MI, bound by a line 
extending from a point on land southwest of Joe Louis Arena at position 
42[deg]19.4' N; 083[deg]3.3' W, northeast along the Detroit shoreline 
to a point on land at position 42[deg]20.0' N; 083[deg]1.2' W, 
southeast to the international border with Canada at position 
42[deg]19.8' N 083[deg]1.0' W, southwest along the international border 
to position 42[deg]19.2' N; 083[deg]3.3' W, and northwest to the point 
of origin at position 42[deg]19.4' N; 083[deg]3.3' W. (DATUM: NAD 83).
    (b) Effective Period. This regulation is effective from 9 a.m. June 
3, 2010 through 6:30 p.m. June 6, 2010. The safety zone will be 
enforced daily from 9 a.m. to 6:30 p.m. on June 3, 2010 through June 6, 
2010.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port Detroit, or his designated on-scene representative.
    (2) This safety 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

[[Page 17109]]

designated on scene representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
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 safety zone must comply with all 
directions given to them by the Captain of the Port or his on-scene 
representative.

    Dated: March 19, 2010.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2010-7689 Filed 4-1-10; 11:15 am]
BILLING CODE 9110-04-P

