[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Rules and Regulations]
[Pages 57482-57485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22760]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0741]
RIN 1625-AA00
Safety Zone; America's Cup Aerobatic Box, San Francisco Bay, San
Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing safety zones in the
[[Page 57483]]
navigable waters of the San Francisco Bay near Pier 27 in San
Francisco, CA in support of 2013 America's Cup air shows. These safety
zones are established to provide a clear area on the water for pilots
to initiate maneuvers and also provide for the safety of pilots,
spectators, and other vessels transiting the area in the unlikely event
that an aircraft crashes during the air show. All persons or vessels
are prohibited from entering the safety zones and all persons or
vessels are prohibited from anchoring or otherwise loitering in the
area during the scheduled events without the permission of the Captain
of the Port or their designated representative.
DATES: This rule is effective as to persons with actual notice starting
September 6, 2013. This rule is effective September 19, 2013, for
purposes of 5 U.S.C. 552 enforcement. This rule will be in effect until
September 23, 2013. This rule will be enforced on September 6, 2013
from 6 p.m. until 7 p.m., September 7, 2013 from 11:30 a.m. until 12:30
p.m., and any other time an air show event is scheduled to take place
within the effective period as announced by America's Cup Race
Management.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2013-0741. 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 Junior Grade Joshua Dykman, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-3585 or email at [email protected]. If you have questions on viewing or submitting
material to the docket, call the Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
ACRM America's Cup Race Management
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
A. Regulatory History and Information
On January 30, 2012, the Coast Guard published a notice of proposed
rulemaking (NPRM) proposing to regulate the on-water activities
associated with the ``America's Cup World Series'' regattas in 2012 and
the ``Louis Vuitton Cup,'' ``Red Bull Youth America's Cup,'' and
``America's Cup Finals Match'' scheduled to occur in July, August, and
September, 2013 (77 FR 04501). After reviewing all comments received in
response to the NPRM, the Coast Guard published a temporary final rule
on July 17, 2012, that created a special local regulation (SLR) and
safety zone, establishing regulated areas on the water to enhance
safety and maximize access to the affected waterways during the
America's Cup sailing events (77 FR 41902).
The Coast Guard is issuing this temporary 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(d)(3), for the same reasons noted
earlier, the Coast Guard finds that good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register. The U.S. Coast Guard was notified on August 02, 2013 that
America's Cup Race Management (ACRM) was planning on conducting air
shows in the navigable waters of the San Francisco Bay near Pier 27 on
several days throughout the month of September, 2013. The America's Cup
air show activities would occur before the rulemaking process would be
completed, and delaying the effective date of this rule to allow for a
comment period would be both impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
spectators and vessels from the hazards associated aircraft performing
aerobatic maneuvers in the navigable waters of the San Francisco Bay
near Pier 27. The safety zones are necessary to provide a clear area on
the water for pilots to initiate maneuvers and also provide for the
safety of pilots, spectators, and other vessels transiting the area in
the unlikely event that an aircraft crashes during the air show. For
the safety concerns noted, it is in the public interest to have these
regulations in effect during the event.
B. Basis and Purpose
The legal basis for the proposed rule is 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, 160.5; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish safety zones.
The Coast Guard has decided to establish safety zones in the
navigable waters of the San Francisco Bay near Pier 27 in San
Francisco, CA in support of America's Cup air shows to mitigate the
dangers posed by aircraft executing aerobatic maneuvers in the
navigable waters of the San Francisco Bay near Pier 27.
C. Discussion of the Final Rule
The Coast Guard is establishing safety zones in the navigable
waters of the San Francisco Bay near Pier 27 in San Francisco, CA
during the America's Cup air shows in September of 2013 to ensure the
safety of pilots participating in the air shows and spectators viewing
the air show from the water. The safety zones will be effective from
September 6, 2013 to September 23, 2013.
The Coast Guard will enforce the safety zones on September 6, 2013
from 6 p.m. until 7 p.m., September 7, 2013 from 11:30 a.m. until 12:30
p.m., and any other time an air show event is scheduled to place within
the effective period as announced by America's Cup Race Management. The
safety zones will encompass the navigable waters of the San Francisco
Bay within a shape bounded by the following coordinates: 37[deg]49'12''
N, 122[deg]24'10'' W; 37[deg]48'50'' N, 122[deg]24'35'' W;
37[deg]48'04'' N, 122[deg]23'30'' W; 37[deg]48'26'' N, 122[deg]23'05''
W; thence back to the point of origin (NAD 83). At the conclusion of
the scheduled events the safety zones shall terminate.
The effect of the safety zones will be to provide a clear area on
the water for pilots to initiate maneuvers and also provide for the
safety of pilots, spectators, and other vessels transiting the area in
the unlikely event that an aircraft crashes during the air show. At the
conclusion of the scheduled air shows, the safety zones shall
terminate. Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in safety
zones.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on numerous statutes and executive orders.
[[Page 57484]]
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 does not rise to the
level of necessitating a full Regulatory Evaluation. The safety zone
and no loitering area are limited in duration, and are limited to a
narrowly tailored geographic area. In addition, although this rule
restricts access to a small section of the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterway users will have access to the no loitering area
during the event. The entities most likely to be affected are
waterfront facilities, commercial vessels, and pleasure craft engaged
in recreational activities.
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 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.
This rule may affect owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing. The safety zones would not have a
significant economic impact on a substantial number of small entities
for the following reasons. The safety zones would be activated, and
thus subject to enforcement, for a limited duration. When the safety
zones are activated, vessel traffic could pass safely around the safety
zone. The maritime public will be advised in advance of these safety
zones via Broadcast Notice to Mariners.
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 of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone of limited size and
duration. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant
[[Page 57485]]
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination 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, and 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; 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.
0
2. Add temporary Sec. 165-T11-594 to read as follows:
Sec. 165-T11-594 Safety zone; America's Cup Aerobatic Box, San
Francisco Bay, San Francisco, CA
(a) Location. These temporary safety zones are established for the
navigable waters of the San Francisco Bay near Pier 27 in San
Francisco, CA as depicted in National Oceanic and Atmospheric
Administration (NOAA) Chart 18650. The safety zone will encompass the
navigable waters of the San Francisco Bay within a shape bounded by the
following coordinates: 37[deg]49'12'' N, 122[deg]24'10'' W;
37[deg]48'50'' N, 122[deg]24'35'' W; 37[deg]48'04'' N, 122[deg]23'30''
W; 37[deg]48'26'' N, 122[deg]23'05'' W; thence back to the point of
origin (NAD 83).
(b) Enforcement periods. This section will be enforced on September
6, 2013 from 6 p.m. until 7 p.m., September 7, 2013 from 11:30 a.m.
until 12:30 p.m., and any other time an air show event is scheduled to
take place within the effective period as announced by America's Cup
Race Management. This section will be in effect until September 23,
2013. The Captain of the Port San Francisco (COTP) will notify the
maritime community of periods during which this zone will be enforced
via Broadcast Notice to Mariners in accordance with 33 CFR 165.7 or via
actual notice on-scene.
(c) Regulations. (1) The safety zone is closed to all persons and
vessels.
(2) The public can contact Sector San Francisco Bay at (415) 399-
3530 to obtain information concerning enforcement of this rule.
(d) Enforcement. All persons and vessels must comply with the
instructions of the COTP or the designated on-scene patrol personnel.
Patrol personnel comprise commissioned, warrant, and petty officers of
the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, local,
state, and federal law enforcement vessels. The U.S. Coast Guard may be
assisted in the patrol and enforcement of the safety zone by local law
enforcement as necessary. Upon being hailed by U.S. Coast Guard patrol
personnel by siren, radio, flashing light, or other means, the operator
of a vessel must proceed as directed.
Dated: September 5, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-22760 Filed 9-18-13; 8:45 am]
BILLING CODE 9110-04-P