Rule2024-08303
Security Zone; 2024 NFL Draft, Detroit River, Detroit, MI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 18, 2024
Effective
April 25, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone on the Detroit River, in the vicinity of Detroit, MI. This zone is intended to restrict vessels from a portion of the Detroit River for the security of the spectators and participance of the 2024 NFL Draft from the public, and surrounding waterways from terrorist acts, sabotage or other subversive acts, accidents, or other causes of a similar nature. Persons and vessels are prohibited from entering into, transiting through, or anchoring within the security zone unless authorized by the Captain of the Port Detroit (COTP), or a designated representative. This temporary security zone is necessary to protect national security.
Full Text
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<title>Federal Register, Volume 89 Issue 76 (Thursday, April 18, 2024)</title>
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[Federal Register Volume 89, Number 76 (Thursday, April 18, 2024)]
[Rules and Regulations]
[Pages 27670-27672]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08303]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0266]
RIN 1625-AA87
Security Zone; 2024 NFL Draft, Detroit River, Detroit, MI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone on
the Detroit River, in the vicinity of Detroit, MI. This zone is
intended to restrict vessels from a portion of the Detroit River for
the security of the spectators and participance of the 2024 NFL Draft
from the public, and surrounding waterways from terrorist acts,
sabotage or other subversive acts, accidents, or other causes of a
similar nature. Persons and vessels are prohibited from entering into,
transiting
[[Page 27671]]
through, or anchoring within the security zone unless authorized by the
Captain of the Port Detroit (COTP), or a designated representative.
This temporary security zone is necessary to protect national security.
DATES: This regulation is effective from 8 a.m. on April 25, 2024,
through 6 p.m. April 27, 2024, and will be enforced during event times.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0266 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Tracy Girard, Waterways Division, Sector Detroit, Coast
Guard; telephone (313) 568-9564, email <a href="/cdn-cgi/l/email-protection#75010714160c5b185b121c0714071135000616125b181c19"><span class="__cf_email__" data-cfemail="77030516140e591a59101e051605133702041410591a1e1b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 because the Coast Guard was notified with
insufficient time to accommodate the comment period. Delaying the
effective date of this rule to wait for the comment period to run would
be impracticable and contrary to the public interest because it would
prevent the COTP Detroit from keeping the public and public figures
safe from known and unknown threats.
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 impracticable because immediate action is needed to
protect the public and participants from known and unknown threats.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of
Homeland Security Delegation No. 0170.1. The COTP has determined that
potential risks are associated with the event. These hazards include
potential security threats, violent or disruptive public disorder,
delivery of a weapon of mass destruction, launch of a stand-off attack
weapon, or delivery of an armed assault force. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the security zone throughout the duration of the event.
IV. Discussion of the Rule
This rule establishes a security zone that will be in effect from 8
a.m. on April 25, 2024, through 6 p.m. on April 27, 2024, and enforced
during event times. The security zone will encompass all U.S. navigable
waters of the Detroit River that are within the following boundary to
the shore: Starting from a point at 42[deg]19'32.88'' North Latitude
and 083[deg]2'45.48'' West Longitude and proceeding South-Southeast
until intersecting a point at position 42[deg]19'27.06'' North Latitude
and 083[deg]2'43.56'' West Longitude; thence proceeding East-Northeast
until intersecting a point at 42[deg]19'31.26'' North Latitude and
083[deg]2'28.8'' West Longitude; thence proceeding North-Northwest
until intersecting a point at position 42[deg]19'37.38'' North Latitude
and 083[deg]2'31.26'' West Longitude.
The duration of the zone is intended to protect the spectators and
participants from potential risks in these navigable waters during the
event. Entry into, transiting, or anchoring within the security zone is
prohibited unless authorized by the COTP, Sector Detroit, or a
designated representative. The COTP or his designated representative
may be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the security zone. The majority of vessel
traffic will be able to safely transit prior to and immediately after
the security zone enforcement period, which will impact only portions
of the Detroit River in Detroit, MI for a period of 12 hours per day.
Vessels will be able to transit around the security zone on the Detroit
River. Under certain conditions, moreover, vessels may still transit
through the security zone only when permitted by the COTP.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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
[[Page 27672]]
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
E. 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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that 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 involves a
security zone lasting 12 hours per day that will prohibit entry within
all U.S. navigable waters of the Detroit River within a Detroit River
that are within the following boundary to the shore: Starting from a
point at 42[deg]19'32.88'' North Latitude and 083[deg]2'45.48'' West
Longitude and proceeding South-Southeast until intersecting a point at
position 42[deg]19'27.06'' North Latitude and 083[deg]2'43.56'' West
Longitude; thence proceeding East-Northeast until intersecting a point
at 42[deg]19'31.26'' North Latitude and 083[deg]2'28.8'' West
Longitude; thence proceeding North-Northwest until intersecting a point
at position 42[deg]19'37.38'' North Latitude and 083[deg]2'31.26'' West
Longitude. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0266 to read as follows:
Sec. 165.T09-0266 Security Zone; 2024 NFL Draft, Detroit River,
Detroit, MI.
(a) Location. The following area is the temporary security zone:
All U.S. navigable waters of the Detroit River that are within the
following boundary to the shore: Starting from a point at
42[deg]19'32.88'' North Latitude and 083[deg]2'45.48'' West Longitude
and proceeding South-Southeast until intersecting a point at position
42[deg]19'27.06'' North Latitude and 083[deg]2'43.56'' West Longitude;
thence proceeding East-Northeast until intersecting a point at
42[deg]19'31.26'' North Latitude and 083[deg]2'28.8'' West Longitude;
thence proceeding North-Northwest until intersecting a point at
position 42[deg]19'37.38'' North Latitude and 083[deg]2'31.26'' West
Longitude.
(b) Enforcement period. This section is in effect from 8 a.m. on
April 25, 2024, through 6 p.m. April 27, 2024, and will be enforced
during event times.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33, entry into, transiting or anchoring within the security
zone in paragraph (a) of this section is prohibited unless authorized
by the Captain of the Port Detroit (COTP) or his designated
representative.
(2) The security zone is closed to all vessel traffic, except as
may be permitted by the COTP Detroit or his designated representative.
(3) The ``designated representative'' of the COTP is any Coast
Guard commissioned, warrant, or petty officer who has been designated
by the COTP to act on his behalf. The designated representative of the
COTP will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The COTP or his designated representative may be contacted via
VHF Channel 16.
(4) Vessel operators desiring to enter or operate within the
security zone shall contact the COTP or his designated representative
to obtain permission to do so. Vessel operators given permission to
enter or operate in the security zone must comply with all directions
given to them by the COTP or a designated representative.
Dated: April 1, 2024.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2024-08303 Filed 4-17-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 18, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.