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E-M:/ Clinton River Safety Zone by Selfridge



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[Federal Register: July 22, 2003 (Volume 68, Number 140)]
[Rules and Regulations]
[Page 43308-43309]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy03-13]

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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-245]
RIN 1625-AA00

Safety Zone; Selfridge ANGB Air Show, Harrison Twp., MI

AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone during
the Selfridge ANGB Air Show on July 24, 25, and 26, 2003. This safety
zone is necessary to prevent waterway distractions during the
Thunderbird aircraft aerial display, as required by the Federal
Aviation Administration. The safety zone is intended to restrict vessel
traffic in a portion of the Clinton River during specific periods on
the affected dates. Specific closure periods will be announced via
Broadcast Notice to Mariners on VHF Channel 16. Only authorized vessels
are permitted to enter or remain within the safety zone.

DATES: This rule is effective from 4:30 p.m. on July 24, 2003, until 3
p.m. on July 26, 2003.

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 CGD09-03-245 and are available for inspection or
copying at: U.S. Coast Guard Marine Safety Office Detroit, 110 Mt.
Elliott St., Detroit, MI 48207, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Brandon Sullivan, U. S. Coast
Guard Marine Safety Office Detroit, at (313) 568-9558.

SUPPLEMENTARY INFORMATION:

Regulatory Information

     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),
the Coast Guard finds that good cause exists for making this rule
effective less than 30 days after publication in the Federal Register.
The permit application was not received in time to publish an NPRM
followed by a final rule before the effective date. Delaying this rule
would be contrary to the public interest of ensuring the safety of
spectators and vessels during this event and immediate action is
necessary to prevent possible loss of life or property. In addition,
the Federal Aviation Administration requires certain safety precautions
be in place prior to particular airshows, this rule ensures some of
those precautions are in place.

Background and Purpose

     A temporary safety zone is necessary to ensure the safety of
recreational watercraft and air show participants from the hazards
associated with aerial displays as required by the Federal Aviation
Administration. The combination of waterway distractions, and aerial
displays, could easily result in serious injuries or fatalities.
Establishing a temporary safety zone to control vessel movement through
a portion of the Clinton River will help ensure the safety of persons
and property at this event and help minimize the associated risk.
     The temporary safety zone will encompass all waters approximately 4
miles West of the mouth of the Clinton River from a center point from
the West at position 42[deg]35.4' N, 082[deg]50.3' W, and extending to
the north and south shorelines of the Clinton River; from the East at
center point position 42[deg]35.8' N, 082[deg]49.8' W to the north and
south shorelines of the Clinton River. These coordinates are based upon
North American Datum (NAD 83).
     All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene patrol
representative. Entry into, transiting, or anchoring within the safety
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 on scene representative may be contacted via 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 not reviewed this rule under that
Order. It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security. 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 minimal time that vessels will
be restricted from the zone, and therefore minor if any impacts to
Mariners.

Small Entities

     Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant 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
would not have a significant economic impact on a substantial number of
small entities.
     This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the activated safety zone.
     This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zone is only in effect from 4:30 p.m. to 5:30 p.m. on July 24,
2003, from 4 p.m. to 5 p.m. on July 25, 2003, and from 2 p.m. to 3 p.m.
on July 26, 2003. It is expected that effects on vessel traffic will be
minimal due to the short duration of the event on each day. The event
does not interfere with the commercial shipping lanes. Before the
effective period, we will issue maritime advisories widely available to
users of the Clinton River by the Ninth Coast Guard District Local
Notice to Mariners, and Marine Information Broadcasts. Facsimile
broadcasts may also be made.
     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 rule so that they can better evaluate
its effects and participate in the rulemaking process. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions

[[Page 43309]]

concerning its provisions or options for compliance, please contact
Marine Safety Office Detroit (see ADDRESSES).
     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).

Collection of Information

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

Federalism

     We have analyzed this rule under Executive Order 13132 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 rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

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 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.

Environment

     We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph 32(g) of Commandant
Instruction M16475.1C, 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 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
action.

List of Subjects in 33 CFR Part 165

     Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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. 1226, 1231; 46 U.S.C. Chapter 701; 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. A new temporary Sec.  165.T09-245 is added to read as follows:

Sec.  165.T09-245  Safety Zone; Selfridge ANGB Air Show, Harrison Twp,
MI.

     (a) Location. The temporary safety zone will encompass all waters
approximately 4 miles West of the mouth of the Clinton River from a
center point from the West at position 42[deg]35.4' N, 082[deg]50.3' W,
and extending to the north and south shorelines of the Clinton River;
from the East at center point position 42[deg]35.8' N, 082[deg]49.8' W
to the north and south shorelines of the Clinton River. These
coordinates are based upon North American Datum (NAD 83).
     (b) Enforcement periods. This rule is effective from 4:30 p.m. on
July 24, 2003, until 3 p.m. on July 26, 2003. This section will be
enforced from 4:30 p.m. to 5:30 p.m. on July 24, 2003; from 4 p.m. to 5
p.m. on July 25, 2003; and again from 2 p.m. to 3 p.m. on July 26,
2003. Enforcement periods will be announced via Broadcast Notice to
Mariners on VHF Channel 16.
     (c) Regulations. In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
the safety 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 on scene representative may be contacted via
VHF Channel 16.

     Dated: July 8, 2003.
S.K. Moon,
Lieutenant Commander, Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 03-18524 Filed 7-21-03; 8:45 am]
BILLING CODE 4910-15-P


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