[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Rules and Regulations]
[Pages 37971-37973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15162]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0482]
RIN 1625-AA87
Security Zone; Naval Exercise; Pacific Ocean, Coronado, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone in
the vicinity of Naval Anchorage 172, offshore of Silver Strand Beach,
Coronado, CA. This security zone is to restrict vessels to a 1000 yard
exclusion zone and a 1500 yard minimum speed zone from an anchored
naval high value unit vessel during a Naval exercise, which will be
conducted by the United States Navy. This temporary security zone is
necessary to protect the public from the hazards associated with this
evolution.
DATES: This rule will be enforced with actual notice from 12:01 a.m. on
June 8, 2013, until June 25, 2013. This rule is effective in the Code
of Federal Regulations from June 25, 2013, until 11:59 p.m. on July 3,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0482]. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant John Bannon, Chief Waterways Management, U.S.
Coast Guard Sector San Diego; Coast Guard; telephone 619-278-7267,
email [email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, 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
A. Regulatory History and Information
The Coast Guard is issuing this final 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 an NPRM would have been
impracticable. Logistical details surrounding this exercise were not
finalized nor presented to the Coast Guard in time to draft and publish
an NPRM as well as the sensitive nature of the cargo handled and
security of a national high value unit and not alerting the public in
greater detail to the exercise dates, times, and location.
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. An NPRM would be impracticable and
contrary to the public interest because details of this exercise were
not known in time and immediate action is needed to ensure public
safety due to the nature of the operation.
B. Basis and Purpose
The United States Navy will lead a naval exercise offshore of
Silver Strand, Coronado at Naval Anchorage 172. This temporary security
zone is necessary to ensure non-authorized vessels remain safely away
from naval operations by keeping clear of the restricted area during
the proposed 26-day exercise. The Naval Vessel Protection Zone provides
for security of naval vessels, however an increased secure zone is
necessary due to the nature of the operation. Should operations end
before the final proposed exercise date, the temporary security will
end also.
C. Discussion of the Final Rule
The Coast Guard is establishing this temporary security zone that
would be enforced from 12:01 a.m. on June 8, 2013, through 11:59 p.m.
on July 3, 2013. The limits of the security zone will encompass all
waters within a 1000 yard exclusion zone and a 1500 yard minimum speed
zone from the United States Naval vessels. This security zone is
necessary to ensure non-authorized
[[Page 37972]]
personnel and vessels remain safe by keeping clear of the hazardous
area during the naval operations. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this
security zone unless authorized by the Captain of the Port, or his
designated representative.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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. We expect the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
is unnecessary.
This determination is based on the size and location of the
security zone. Recreational vessels will not be allowed to transit
through the designated security zone during the specified times,
however ample space to maneuver and use the waterway around the
anchorage zone exists. This portion of the waterway is administered by
the U.S. Navy for anchorage use and naval exercises are historically
common in the vicinity of shoreside Naval bases. The limited access
area will only be enforced as long as the operation is ongoing. Should
operations end before the final proposed exercise date, the temporary
security will end also.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. Vessel traffic can pass safely around the security
zone.
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.
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). 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 will 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 will 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.
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
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 does not create an
environmental risk to health or risk to safety that may
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 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
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
[[Page 37973]]
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves the
establishment of a temporary security zone to support the security of a
naval vessel. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A
Categorical Exclusion Determination and environmental checklist are
available in the docket where indicated under ADDRESSES.
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:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T11-577 to read as follows:
Sec. 165.T11-577 Security Zone; Naval Exercise; Pacific Ocean,
Coronado, CA.
(a) Location. The limits of the security zone will encompass all
waters within a 1000 yard exclusion zone and a 1500 yard minimum speed
zone from the United States Naval vessels at the Naval Anchorage 172
approximate position: 32[deg]38'30.8'' N, 117[deg]11'30.0'' W.
(b) Enforcement Period. This section will be enforced from 12:01
a.m. on June 8, 2013 through 11:59 p.m. on July 3, 2013. If the
operation is concluded prior to the scheduled termination time, the
Captain of the Port will cease enforcement of this security zone and
will announce that fact via Broadcast Notice to Mariners.
(c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, or petty
officers of the Coast Guard, Coast Guard Auxiliary, and local, state,
and federal law enforcement vessels who have been authorized to act on
the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit through or anchoring
within this security zone is prohibited unless authorized by the
Captain of the Port of San Diego or the designated U.S. Navy
representative.
(2) Mariners requesting permission to transit through the security
zone may request authorization to do so from the Naval Vessel at
anchorage, U.S. Naval security team or from the Coast Guard Sector San
Diego Joint Harbor Operations Center.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed. The Coast Guard may be assisted by other
federal, state, or local agencies.
Dated: June 7, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-15162 Filed 6-24-13; 8:45 am]
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