[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Rules and Regulations]
[Pages 43161-43164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17946]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0459]
RIN 1625-AA00
Special Local Regulation; San Francisco Bay Navy Fleetweek Parade
of Ships and Blue Angels Demonstration
AGENCY: Coast Guard, DHS.
ACTION: Interim rule and request for comments.
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SUMMARY: The Coast Guard is amending the special local regulation for
the San Francisco Bay Navy Fleetweek Parade of Ships and Blue Angels
Demonstration. The amendment will increase the restricted area
surrounding U.S. Navy parade vessels operating in regulated area
``Alpha'' from 200 yards to 500 yards. When the special local
regulation is activated and subject to enforcement, this rule would
limit the movement of vessels within 500 yards of any Navy parade
vessel.
DATES: This rule is effective August 23, 2012. Comments and related
material must be received by the Coast Guard on or before August 23,
2012.
Requests for public meetings must be received by the Coast Guard on
or before August 13, 2012.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2012-0459. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. 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.
You may submit comments identified by docket number USCG-2012-0459
using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant DeCarol Davis, U.S. Coast Guard Sector San
Francisco, Waterways Management Division; telephone 415-399-7443, email
DeCarol.A.Davis@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V.
[[Page 43162]]
Wright, Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SLR Special Local Regulation
A. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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 at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email 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,
type the docket number (USCG-2012-0459) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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 may change the rule
based on your comments.
2. 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,
type the docket number (USCG-2012-0459) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. 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.
3. 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the 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.
B. Regulatory History and Information
The special local regulation for the San Francisco Bay Navy
Fleetweek Parade of Ships and Blue Angels Demonstration (``SLR'') is
established in 33 CFR 100.1105. This rule amends section (1), paragraph
(c) of 33 CFR 100.1105 to expand the restricted area surrounding Navy
parade vessels operating in the regulated area from 200 yards to 500
yards. The reason for this amendment is that we wish to align the SLR
with the most up-to-date Coast Guard security enforcement procedures
and incorporate language that adds to the transparency of the
regulation for the public, enabling potential spectators of the San
Francisco Fleetweek events to better understand, and prepare for, the
Coast Guard's forthcoming enforcement actions.
The most recent Coast Guard security procedures, which generally
call for a 500-yard restricted area around patrolled vessels, are still
being evaluated to determine whether 500 yards can be effectively
enforced given the level of on-water activity experienced during the
San Francisco Bay Fleetweek events. During Fleetweek, there are
substantially more recreational users on the water as spectators, and
this crowding may ultimately require the Coast Guard to enforce a
perimeter that is larger or smaller than the 500 yards prescribed in
this rule. This amendment is being promulgated as an interim rule to
implement immediate security measures needed for safety during
Fleetweek events and to allow for subsequent changes to the rule should
the restricted area surrounding parade vessels need to increase or
decrease.
The Coast Guard is issuing this interim 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)(1)(B), we find that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule because publishing an NPRM would be unnecessary.
The existing SLR, which this rule intends to amend, presently
authorizes the Coast Guard to forbid and control the movement of
vessels in the regulated areas defined in 33 CFR 100.1105(b). Although
this rule amends the SLR to expand the restricted area surrounding the
Navy parade vessel, this expansion remains within the previously
defined regulated area in which the Coast Guard already has the
authority to control vessel movement. This interim rule does not expand
or contract the authorities promulgated in the existing SLR. The rule
merely amends the current SLR language to reflect the most up-to-date
Coast Guard enforcement procedures and provide the public notice of the
enforcement actions that will be implemented within the existing
regulated area. As this amendment provides the public with notice of
the Coast Guard's enforcement strategies and does not change the scope
of the SLR, we find it unnecessary to publish an NPRM.
C. Basis and Purpose
The San Francisco Bay Navy Fleetweek Parade of Ships and Blue
Angels Demonstration occurs annually in early October on the navigable
waters of San Francisco Bay in California. The SLR for these events
does not currently contain language that mirrors the
[[Page 43163]]
current Coast Guard security zone enforcement procedures. Coast Guard
security zone enforcement actions require that there be an adequate
space cushion surrounding U.S. naval vessels, so that Coast Guard
enforcement assets may respond to security threats at an appropriate
distance from U.S. naval vessels to prevent injury, loss of life or
property damage. This amendment is necessary to reflect the enforcement
actions needed to provide for the safety and security of the
participating U.S. Navy parade vessels, spectators, event participants,
and other waterways users from sabotage, subversive acts, accidents,
criminal actions, or other causes of a similar nature.
The effect of this amendment will be to communicate to the public
the Coast Guard's intention to further restrict general navigation in
the vicinity of the Navy Fleetweek Parade of Ships, within the existing
regulated area, from the start of the event until the conclusion of the
event. When the special local regulation is activated, and thus subject
to enforcement, this rule would limit the movement of vessels within
500 yards of any Navy parade vessel.
D. Discussion of the Interim Rule
The Coast Guard is amending paragraph (c)(1) of 33 CFR 100.1105,
the special local regulation for the San Francisco Bay Navy Fleetweek
Parade of Ships and Blue Angels Demonstration. The amendment will
increase the restricted area surrounding U.S. Navy parade vessels
operating in regulated area ``Alpha,'' which is defined in 33 CFR
100.1105(b)(1), from 200 yards to 500 yards.
Experiences during security zone enforcement operations,
observations during boat tactics training, and discussions with
Commanding Officers/Officers in Charge and tactical coxswains from
Sector San Francisco's boat stations, has led the Coast Guard to
determine that a 200-yard (183 meters) security zone is not adequate
for protecting transiting vessels from sabotage, subversive acts,
accidents, criminal actions, or other causes of a similar nature. A 500
yard (457 meters) security zone increases reaction time, allows proper
assessment of the situation, and improves the ability of the tactical
coxswains to properly execute protective measures.
The amendment will prohibit persons or vessels from entering or
remaining within 500 yards of any Navy parade vessel.
E. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This interim rule does
not expand or contract the authorities promulgated in the existing SLR
established in 33 CFR 100.1105. The rule merely amends the current SLR
language to reflect the most up-to-date Coast Guard enforcement
procedures and provide the public notice of the enforcement actions
that will be implemented within the existing regulated area.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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.
We expect this rule will affect the following entities, some of which
may be small entities: owners and operators of vessels intending to
fish, sightsee, transit, or anchor in the waters affected by the
regulated areas. These regulations will not have a significant economic
impact on a substantial number of small entities for several reasons:
small vessel traffic will be able to pass safely around the area and
vessels engaged in event activities, sightseeing and commercial fishing
have ample space outside of the area governed by the special local
regulations to engage in these activities. Small entities and the
maritime public will be advised of implementation of the special local
regulation via public notice to mariners or notice of implementation
published in the Federal Register.
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.
3. 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. 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 person listed in the FOR FURTHER INFORMATION CONTACT,
above. 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.
4. 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.).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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 would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This 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.
[[Page 43164]]
9. 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.
10. Protection of Children From Environmental Health Risks
We have 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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This 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.
12. Energy Effects
This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use 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.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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 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 will increase the restricted area surrounding
U.S. Navy parade vessels operating in regulated area ``Alpha,'' which
is defined in 33 CFR 100.1105(b)(1), from 200 yards to 500 yards. This
rule is categorically excluded from further review under paragraph
34(a) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
0
1. The authority citation for part 100 continues to read as follows: 33
U.S.C. 1233.
0
2. In Sec. 100.1105 revise paragraph (c)(1) to read as follows:
Sec. 100.1105 San Francisco Bay Navy Fleetweek Parade of Ships and
Blue Angels Demonstration.
* * * * *
(c) * * *
(1) Except for persons or vessels authorized by the Coast Guard
Patrol Commander, in regulated area ``Alpha'' no person may enter or
remain within 500 yards of any Navy parade vessel. No person or vessel
shall anchor, block, loiter in, or impede the through transit of ship
parade participants or official patrol vessels in regulated area
``Alpha.''
* * * * *
Dated: July 12, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-17946 Filed 7-23-12; 8:45 am]
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