[Date Prev][Date Next][Date Index]

E-M:/ Security in Lake St. Clair, Selfridge air base

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

hey....Osama Bin Laden can now go boating in Lake St.
Clair by the Selfridge air base....

[Federal Register: October 30, 2002 (Volume 67, Number 210)]
[Rules and Regulations]
[Page 66054-66055]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]


Coast Guard
33 CFR Part 165
RIN 2115-AA97

Security Zones; Captain of the Port Detroit Zone, Selfridge Air
National Guard Base, Lake St. Clair

AGENCY: Coast Guard, DOT.
ACTION: Final rule.


SUMMARY: The Coast Guard is removing the permanent security zone on the
navigable waters of Lake St. Clair around the Selfridge Air National
Guard Base. This security zone is no longer necessary to protect the
Selfridge Army National Guard Base from possible acts of terrorism.
This security zone will no longer restrict vessel traffic from areas of
Lake St. Clair in the vicinity of Selfridge Army National Guard Base.

DATES: This rule is effective on October 30, 2002.

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 CGD09-02-523 and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office, 110 Mt. Elliott Ave,
Detroit, Michigan between 8 a.m. and 4 p.m., Monday through Friday,
except Federal Holidays. The telephone number is (313) 568-9580.

Guard Marine Safety Office Detroit, at (313) 568-9580.


Regulatory Information

     On April 11, 2002, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone; Captain of the Port Detroit Zone,
Selfridge Army National Guard Base, Lake St. Clair'' in the Federal
Register (67 FR 17667). Following that on June 7, 2002, we published a
final rule with the same title in the Federal Register (67 FR 39294).
We also published a correction to the final rule with same title in the
Federal Register updating the section numbers (67 FR 47299, July 18,
2002). We received no letters commenting on either the proposed, final,
or correction to the final rule. No public hearing was requested, and
none was held.
     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, and, 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. In response to the
terrorist's attacks on September 11, 2001, the Coast Guard implemented
security zones around critical facilities throughout the U.S. One such
facility was the Selfridge Army National Guard Base. This security zone
was established at the request of Commander, Selfridge Air National
Guard Base. Due to recent improvements and additions to base security,
Commander, Selfridge Air National Guard Base has indicated that the
security zone is no longer necessary. As such, the Coast Guard is
removing this security zone and thereby reducing the restriction placed
on the public of not having access to this portion of Lake St. Clair.

Background and Purpose

     On September 11, 2001, the United States was the target of
coordinated attacks by international terrorists resulting in
catastrophic loss of life, the destruction of the World Trade Center,
and significant damage to the Pentagon. National security and
intelligence officials warn that future terrorists attacks are likely.
To protect from such, we published a NPRM followed by a final rule to
establish a permanent security zone off the waters of Selfridge Army
National Guard Base in Harrison Township, Michigan.
     This security zone was believed to be necessary to ensure the
protection of the public, facilities, and the surrounding area from
possible sabotage or other subversive acts. All persons other than
those approved by the Captain of the Port Detroit, or his authorized
representative, were prohibited from entering or moving within this
zone. In addition to publication in the Federal Register, the public
was made aware of the existence of this security zone, exact location
and the restrictions involved via the Broadcast Notice to Mariners.
     Due to recent improvements and enhancements to base security at
Selfridge Air National Guard base, the Commanding Officer of that base
no longer believes the security zone is necessary. The security zone
provided the necessary barrier while the base improved its security,
but now that such improvements have been completed, adequate security
can be provided by security personnel. As the request by the U.S. Army
Garrison Commander was the primary factor for establishment of the
security zone and this justification no longer exists, Captain of the
Port Detroit is removing this security zone. The U.S. Army Garrison
Commander concurs with the COTP decision.

Discussion of Final Rule

     This final rule will remove the security zone from the waters of
Lake St. Clair off Selfridge National Guard Base.

Regulatory Evaluation

     This Final 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 unnecessary.

Small Entities

     Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this final 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

[[Page 66055]]

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 final
rule would not have a significant economic impact on a substantial
number of small entities.

Assistance for Small Entities

     Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this final 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 the office listed in ADDRESSES
in this preamble. 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

Collection of Information

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


     We have analyzed this final rule under Executive Order 13132,
Federalism, and have determined that this rule does not have
implications for federalism under that Order.

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

Taking of Private Property

     This final 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 final 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 final 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 final 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.

Energy Effects

     We have analyzed this final 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


     We have considered the environmental impact of this final rule and
concluded that, under figure 2-1, paragraph (34) (g), of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation.

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:


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

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

Sec.  165.908  [Removed]

     2. Remove Sec.  165.908.

     Dated: October 21, 2002.
P.G. Gerrity,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 02-27609 Filed 10-29-02; 8:45 am]

Alex J. Sagady & Associates  http://my.voyager.net/~ajs/sagady.pdf

Environmental Enforcement, Technical Review, Public Policy and
Communications on Air, Water and Waste/Community Environmental Protection

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com
"NO" on Michigan Proposal 4 ---   Say "no" to public money grab by private 
organizations when state faces a $1 billion deficit.

NO on Prop 4 Flyer:  http://www.protectmiconstitution.com/PPKCpdf2.pdf

ENVIRO-MICH:  Internet List and Forum for Michigan Environmental
and Conservation Issues and Michigan-based Citizen Action.   Archives at

Postings to:  enviro-mich@great-lakes.net      For info, send email to
majordomo@great-lakes.net  with a one-line message body of  "info enviro-mich"