[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58395-58397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20432]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0756]
RIN 1625-AA87
Security Zone; U.S. Navy/U.S. Coast Guard Assets Demonstration in
Conjunction With Fleet Week San Diego, San Diego Bay; San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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[[Page 58396]]
SUMMARY: The Coast Guard is establishing a temporary 750-foot radius
security zone on the navigable waters of the U.S. in San Diego Bay, San
Diego, CA, in support of Fleet Week San Diego on September 10, 2016.
This action is necessary to provide for the safety and security of U.S.
Navy and U.S Coast Guard surface and aerial assets, crews, and support
personnel who will be performing mission capability and search and
rescue demonstrations. Unauthorized persons and vessels will be
prohibited from entering into or remaining in the security zone unless
authorized by the Captain of the Port San Diego or his designated
representative.
DATES: This rule is effective from 11 a.m. until 2 p.m. on September
10, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0756 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 on this rule,
call or email LT Robert Cole, Waterways Management, U.S. Coast Guard
Sector San Diego, Coast Guard; telephone 619-278-7656, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
SMIB Safety Marine Information Broadcast
U.S.C. United States Code
VHF Very High Frequency
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.''
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 a NPRM thirty days in advance of its
publication in the Federal Register, because publishing an NPRM would
be impracticable. The availability of assets and the desired location
of the demonstration could not be confirmed in time to allow for a
notice and comment period. Delay in this temporary rule's effective
date would be detrimental to the immediate need to ensure the safety
and security of U.S. Navy and U.S. Coast Guard assets and personnel.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be impracticable because of the immediate need
to ensure the security of the U.S. Navy and U.S. Coast Guard assets and
personnel.
III. Legal Authority and Need for Rule
The legal basis and authorities for this temporary rule are found
in 33 U.S.C. 1231, 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5,
and 165.30; and Department of Homeland Security Delegation No. 0170.1,
which collectively authorize the Coast Guard to propose, establish, and
define regulatory security zones. The Coast Guard is establishing a
temporary security zone on the navigable waters of the San Diego Bay to
ensure the safety and security of U.S. Navy and U.S. Coast Guard assets
and personnel in San Diego, CA, on September 10, 2016.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary security zone that will
be enforced from 11:00 a.m. to 2:00 p.m. on September 10, 2016. This
security zone will encompass the waters within a 750-foot radius
centered at the following coordinate: 32[deg]43'18'' N.,
117[deg]12'11'' W. The purpose of the security zone is intended to
protect the U.S. Navy and U.S. Coast Guard surface and aerial assets,
crews, and support personnel who will be performing mission capability
and search and rescues demonstrations in San Diego, CA. Persons and
vessels will be prohibited from entering into or remaining in the
security zone unless authorized by the COTP San Diego or his designated
representative. Prior to the event and during the enforcement of the
event, the Coast Guard will issue a SMIB via VHF Channel 16/22A.
V. 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.
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. E.O. 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This rule has not been designated a
``significant regulatory action,'' under E.O. 12866. Accordingly, it
has not been reviewed by the Office of Management and Budget. This
determination is based on the size, location and limited duration of
the security zone. This zone impacts a small designated area of the San
Diego bay for a very limited period. Furthermore, vessel traffic can
safely transit around the security zone.
B. 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. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit or anchor in the impacted portion of the San Diego
Bay from 11:00 a.m. through 2:00 p.m. on September 10, 2016.
This security zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can pass safely around the zone, and the zone will be enforced
for a short duration of time. The Coast Guard will issue a SMIB to
mariners via VHF Channel 16 and 22A before the security zone is
enforced.
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
section.
[[Page 58397]]
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.
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
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 it is consistent with the fundamental federalism principles and
preemption requirements described in E.O. 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 contact 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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 establishment of a security zone lasting only 3 hours on
the navigable waters of San Diego Bay. It is categorically excluded
from further review under paragraph 34(g) 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.
G. 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.
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; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6, 160.5, 165.30; Department of Homeland Security
Delegation No. 0170.01.
0
2. Add Sec. 165.T11-797 to read as follows:
Sec. 165.T11-797 Security Zone; San Diego Bay; San Diego, CA.
(a) Location. The following area is a security zone: The limits of
the security zone will include all the navigable waters within a 750-
foot radius centered at the following coordinate: 32[deg]43'18'' N.,
117[deg]12'11'' W.
(b) Definitions. The following definition applies to this section:
Designated representative means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
or local, state, or federal law enforcement vessels that have been
authorized to act on the behalf of the Captain of the Port.
(c) Regulations. (1) Under the general regulations in 33 CFR
165.33, entry into, or movement within this zone is prohibited unless
authorized by the Captain of the Port San Diego or his designated
representative.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(3) Upon being hailed by U.S. Coast Guard or designated patrol
personnel by siren, radio, flashing light or other means, the operator
of a vessel shall proceed as directed.
(4) The Coast Guard may be assisted by other federal, state, or
local agencies in patrol and notification of the regulation.
(5) Vessel operators desiring to enter or operate within this
security zone shall contact the Captain of the Port or his designated
representative via VHF channel 16 to obtain permission to do so.
(d) Enforcement period. This section will be enforced from 11:00
a.m. to 2:00 p.m. on September 10, 2016.
Dated: August 10, 2016.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2016-20432 Filed 8-24-16; 8:45 am]
BILLING CODE 9110-04-P