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E-M:/ Lake St. Clair offlimits by Selfridge

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

Federal Register: September 24, 2001 (Volume 66, Number 185)]
[Rules and Regulations]
[Page 48795-48796]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Coast Guard

33 CFR Part 165

RIN 2115-AA97

Security Zone; Selfridge Air National Guard Base, MI

AGENCY: Coast Guard, DOT.

ACTION: Final rule.


SUMMARY: The Coast Guard is establishing a security zone. The security
zone has been implemented in Lake St. Clair in the vicinity of
Selfridge Air National Guard Base in Michigan. The zone extends one
half mile from shore, between the Hall Road launch ramp and the
entrance to Mac and Rays Marina, where Coast Guard vessels will be
patrolling. The security zone is needed to protect the Selfridge area
from terrorist threats.

DATES: This final rule becomes effective at 2 p.m. on September 11,

ADDRESSES: You may mail comments to the Captain of the Port, Detroit,
Michigan, or deliver them to the Coast Guard Marine Safety Office, 110
Mt. Elliott Ave, Detroit, Michigan. The telephone number is (313) 568-
9580. Marine Safety Office, Detroit maintains the public docket.
Comments and documents as indicated in this preamble will be available
for inspection or copying between 9:30 a.m. and 2 p.m., Monday through
Friday, except Federal Holidays.

Marine Safety Office, 110 Mt. Elliott Ave, Detroit, Michigan 48207. The
telephone number is (313) 568-9580.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking was not published for this regulation and good
cause exists for making it effective in less than 30 days after
publication in the Federal Register. Publication of a notice of
proposed rulemaking and delay of effective date would be contrary to
the public interest because immediate action is necessary to ensure the
public safety from terrorist activity.

Background and Purpose

     Due to recent terrorist attacks the Captain of the Port Detroit has
deemed this security zone appropriate to ensure public safety. Entry
into, transit through or anchoring within this security zone is
prohibited unless authorized by the Captain of the Port, Detroit or his
on scene representative which may be contacted on VHF Channel 16.

Regulatory Evaluation

     This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 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 exempted it from review under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is

Small Entities

     Under the Regulatory Flexibility Act (5 U.S.C. 601-612) the Coast
Guard considered whether this rule will have a significant impact on a
substantial number of small businesses and not-for-profit organizations
that are not dominant in their respective fields, and governmental
jurisdictions with populations less than 50,000. For the same reasons
set forth in the above regulatory evaluation, the Coast Guard certifies
under 5 U.S.C. 605(b) that this final rule will not have a significant
economic impact on a substantial number of small entities.

Assistance for Small Entities

     In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this rule so that they
can better evaluate its effectiveness and participate in the rulemaking
process. If your small business or organization is affected by this
rule, and you have questions concerning its provisions or options for
compliance, please contact the office listed in ADDRESSES in this

Collection of Information

     This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501-3520).


     The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 13132 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.

[[Page 48796]]

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

Taking of Private Property

     This rule would not affect 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 the 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

     The Coast Guard has 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.


     We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph 34(g) of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A written categorical exclusion
determination is available in the docket for inspection or copying
where indicated under ADDRESSES.

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 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy

List of Subjects in 33 CFR Part 165

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

     For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
     1. The authority citation for part 165 continues to read as

     Authority: 33 U.S.C.1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 6.04-
1, 6.04-6, 160.5; and 49 CFR 1.46.

     2. A new Sec. 165.T09-998 is added to read as follows:

Sec. 165.T09-998  Security Zone: Selfridge Army National Guard Base,

     (a) Location. The following area is a Security Zone: The waters off
Selfridge Army National Guard Base in Michigan one half mile from shore
between the Hall Road Launch Ramp and the entrance to Mac and Rays
     (b) Effective dates. This section becomes effective at 2 p.m.
September 11, 2001.
     (c) Regulations.
     (1) The general regulations contained in 33 CFR 165.23 apply.
     (2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means,
the operator shall proceed as directed. Coast Guard Auxiliary and local
or state officials may be present to inform vessel operators of this
regulation and other applicable laws.
     (3) Commercial vessels may request permission to transit the safety
zone from the Captain of the Port Detroit. Approval in such cases will
be case by case. Request must be made in advance to and approved by the
Captain of the Port before such transits will be authorized.

     Dated: September 11, 2001.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 01-23712 Filed 9-21-01; 8:45 am]

Alex J. Sagady & Associates        Email:  ajs@sagady.com

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