Safety Zone; Centennial of Naval Aviation Kickoff, San Diego Bay, San Diego, CA, 1386-1389 [2011-175]
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Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Proposed Rules
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
DEPARTMENT OF HOMELAND
SECURITY
Technical Standards
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
33 CFR Part 165
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Environment
We have analyzed this proposed 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 made a preliminary determination,
under paragraph 34(h) of the
Instruction, 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 proposed rule
involves the establishment of a special
local regulation designating a course for
recurring tug boat racing by various
classes of tugboats in Budd Inlet, WA.
Because marine events which seek to
use these area will be required to
conduct an environmental analysis as
part of the permit process, this proposed
rule is excluded from further
environmental analysis. A preliminary
Categorical Exclusion Determination
and checklist supporting this
determination is available in the Docket,
described under ADDRESSES. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add 33 CFR 100.1308 to read as
follows:
§ 100.1308 Special Local Regulation;
Olympia Harbor Days Tug Boat Races,
Budd Inlet, WA.
(a) Regulated Area. The following area
is specified as a race area: All waters of
Budd Inlet, WA the width of the
navigation channel south of a line
connecting the following points:
47°05.530′ N 122°55.844′ W and
47°05.528′ N 122°55.680′ W until
reaching the northernmost end of the
navigation channel at a line connecting
the following points: 47°05.108′ N
122°55.799′ W and 47°05.131′ N
122°55.659′ W then southeasterly until
reaching the southernmost entrance of
the navigation channel at a line
connecting the following points:
47°03.946′ N 122°54.577′ W, 47°04.004′
N 122°54.471′ W.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
100, the regulated area shall be closed
immediately prior to, during and
immediately after the event to all
persons and vessels not participating in
the event and authorized by the event
sponsor.
(c) Authorization. All persons or
vessels who desire to enter the
designated race area created in this
section while it is enforced must obtain
permission from the on-scene patrol
craft on VHF Ch 13.
(d) Notice of Enforcement or
Suspension of Enforcement. The
Captain of the Port will provide notice
of the enforcement of this special local
regulation by all appropriate means to
ensure the widest dissemination among
the affected segments of the public, as
practicable; such means of notification
may include but are not limited to,
Broadcast Notice to Mariners and Local
Notice to Mariners.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
Dated: November 24, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander,
Thirteenth Coast Guard District.
[FR Doc. 2011–184 Filed 1–7–11; 8:45 am]
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Coast Guard
[Docket No. USCG–2010–1092]
RIN 1625–AA00
Safety Zone; Centennial of Naval
Aviation Kickoff, San Diego Bay, San
Diego, CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes a
temporary safety zone on the navigable
waters of San Diego Bay in San Diego,
CA in support of the Centennial of
Naval Aviation Kickoff. This temporary
safety zone is necessary to provide for
the safety of the participants, crew,
spectators, participating vessels, and
other vessels and users of the waterway.
Persons and vessels would be
prohibited from entering into, transiting
through, or anchoring within this
temporary safety zone unless authorized
by the Captain of the Port or his
designated representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before January 25, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–1092 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
If
you have questions on this proposed
rule, call or e-mail Petty Officer Shane
Jackson, Waterways Management, U.S.
Coast Guard Sector San Diego; Coast
Guard; telephone 619–278–7267, e-mail
Shane.E.Jackson@uscg.mil. If you have
questions on viewing or submitting
FOR FURTHER INFORMATION CONTACT:
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material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
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 https://
www.regulations.gov and will include
any personal information you have
provided.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–1092),
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 (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, 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 e-mail
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
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–1092’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 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.
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Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
1092’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
representative. The limits of the safety
zone include all navigable waters within
the following coordinates:
32°43.26′ N, 117°12.49′ W;
32°43.26′ N, 117°11.17′ W;
32°42.41′ N, 117°10.32′ W;
thence east along the shoreline to
32°42.19′ N, 117°10.03′ W;
32°41.59′ N, 117°10.17′ W;
thence west along the shoreline to
32°42.41′ N, 117°12.55′ W;
32°43.26′ N, 117°12.49′ W.
Coast Guard personnel will enforce
this safety zone. The Coast Guard may
be assisted by other Federal, State, or
local agencies, including the Coast
Guard Auxiliary. Vessels or persons
violating this section would be subject
to both criminal and civil penalties.
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).
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Analyses
Regulatory Planning and Review
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four 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.
Background and Purpose
On February 12, 2010, the Centennial
of Naval Aviation Kickoff will take
place in San Diego Bay. In support of
this event, the Coast Guard believes that
a safety zone is necessary to provide for
the safety of the crew, spectators,
participants, and other users and vessels
of the waterway.
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. We expect the economic impact
of this proposed rule to be so minimal
that a full Regulatory Evaluation is
unnecessary. This determination is
based on the size, location, and duration
of the Safety Zone. Commercial vessels
would not be hindered by this Safety
Zone. Recreational Vessels would not be
allowed to transit through the
designated Safety Zone during the
specified times.
Small Entities
Discussion of Proposed Rule
The Coast Guard proposes
establishing a temporary safety zone in
the San Diego Bay that would be
enforced from 12 p.m. to 4 p.m. on
February 12, 2010. This safety zone is
necessary to provide for the safety of the
crew, spectators, participants, and other
users and vessels of the waterway.
Persons and vessels would be
prohibited from entering into, transiting
through, or anchoring within the safety
zone unless authorized to do so by the
Captain of the Port or his designated
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Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities. The proposed rule would affect
the following entities, some of which
might be small entities: The owners or
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operators of vessels intending to transit
or anchor in the portion of the San
Diego Bay from 12 p.m. to 4 p.m. on
February 12, 2011.
This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule would
be in effect for only four hours in the
afternoon when vessel traffic is low.
Before the effective period, the Coast
Guard will publish a local notice to
mariners (LNM) and will issue
broadcast notice to mariners (BNM)
alerts via marine channel 16 VHF before
the temporary safety zone is enforced.
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.
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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
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 Petty Officer
Shane Jackson, Waterways Management,
U.S. Coast Guard Sector San Diego, U.S.
Coast Guard at (619) 278–7267. The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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
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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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed 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.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed 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.
Indian Tribal Governments
This proposed 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.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order 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
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require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves the establishment of a
temporary safety zone. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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 proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 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; Pub. L.
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107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
ENVIRONMENTAL PROTECTION
AGENCY
2. Add § 165.T11–383 to read as
follows:
40 CFR Part 55
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§ 165.T11–383 Safety Zone; Centennial of
Naval Aviation Kickoff; San Diego Bay, San
Diego, CA.
(a) Location. The limits of the safety
zone are encompassed by the following
coordinates:
32°43.26′ N, 117°12.49′ W;
32°43.26′ N, 117°11.17′ W;
32°42.41′ N, 117°10.32′ W;
thence east along the shoreline to
32°42.19′ N, 117°10.03′ W;
32°41.59′ N, 117°10.17′ W;
thence west along the shoreline to
32°42.41′ N, 117°12.55′ W;
32°43.26′ N, 117°12.49′ W.
(b) Enforcement Period. This section
will be enforced from 12 p.m. to 4 p.m.
on February 12, 2011. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
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, and petty
officers of the Coast Guard on board
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 safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated on-scene representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
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.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
Dated: December 23, 2010.
P.J. Hill,
Commander, U.S. Coast Guard, Acting
Captain of the Port San Diego.
[FR Doc. 2011–175 Filed 1–7–11; 8:45 am]
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[OAR–2004–0091; FRL–9249–8]
Outer Continental Shelf Air
Regulations Consistency Update for
California
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to update a
portion of the Outer Continental Shelf
(‘‘OCS’’) Air Regulations. Requirements
applying to OCS sources located within
25 miles of States’ seaward boundaries
must be updated periodically to remain
consistent with the requirements of the
corresponding onshore area (‘‘COA’’), as
mandated by section 328(a)(1) of the
Clean Air Act, as amended in 1990 (‘‘the
Act’’). The portion of the OCS air
regulations that is being updated
pertains to the requirements for OCS
sources for which the Santa Barbara
County Air Pollution Control District
(‘‘Santa Barbara APCD’’ or ‘‘District’’) is
the designated COA. The intended effect
of approving the OCS requirements for
the Santa Barbara APCD is to regulate
emissions from OCS sources in
accordance with the requirements
onshore. The changes to the existing
requirements discussed below are
proposed to be incorporated by
reference into the Code of Federal
Regulations and listed in the appendix
to the OCS air regulations.
DATES: Any comments must arrive by
February 9, 2011.
ADDRESSES: Submit comments,
identified by docket number OAR–
2004–0091, by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
SUMMARY:
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https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Cynthia G. Allen, Air Division (Air-4),
U.S. EPA Region 9, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
947–4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Purpose
II. EPA’s Evaluation
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On September 4, 1992, EPA
promulgated 40 CFR part 55,1 which
established requirements to control air
pollution from OCS sources in order to
attain and maintain Federal and State
ambient air quality standards and to
comply with the provisions of part C of
title I of the Act. Part 55 applies to all
OCS sources offshore of the States
except those located in the Gulf of
Mexico west of 87.5 degrees longitude.
Section 328 of the Act requires that for
such sources located within 25 miles of
a State’s seaward boundary, the
requirements shall be the same as would
be applicable if the sources were located
in the COA. Because the OCS
requirements are based on onshore
requirements, and onshore requirements
1 See Notice of Proposed Rulemaking, December
5, 1991 (56 FR 63774), and the preamble to the final
rule promulgated September 4, 1992 (57 FR 40792)
for further background and information on the OCS
regulations.
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[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Proposed Rules]
[Pages 1386-1389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-175]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-1092]
RIN 1625-AA00
Safety Zone; Centennial of Naval Aviation Kickoff, San Diego Bay,
San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes a temporary safety zone on the
navigable waters of San Diego Bay in San Diego, CA in support of the
Centennial of Naval Aviation Kickoff. This temporary safety zone is
necessary to provide for the safety of the participants, crew,
spectators, participating vessels, and other vessels and users of the
waterway. Persons and vessels would be prohibited from entering into,
transiting through, or anchoring within this temporary safety zone
unless authorized by the Captain of the Port or his designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before January 25, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-1092 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Petty Officer Shane Jackson, Waterways Management,
U.S. Coast Guard Sector San Diego; Coast Guard; telephone 619-278-7267,
e-mail Shane.E.Jackson@uscg.mil. If you have questions on viewing or
submitting
[[Page 1387]]
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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 https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-1092), 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 (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, 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 e-mail 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 https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-1092'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. 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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-1092'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
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).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four 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.
Background and Purpose
On February 12, 2010, the Centennial of Naval Aviation Kickoff will
take place in San Diego Bay. In support of this event, the Coast Guard
believes that a safety zone is necessary to provide for the safety of
the crew, spectators, participants, and other users and vessels of the
waterway.
Discussion of Proposed Rule
The Coast Guard proposes establishing a temporary safety zone in
the San Diego Bay that would be enforced from 12 p.m. to 4 p.m. on
February 12, 2010. This safety zone is necessary to provide for the
safety of the crew, spectators, participants, and other users and
vessels of the waterway. Persons and vessels would be prohibited from
entering into, transiting through, or anchoring within the safety zone
unless authorized to do so by the Captain of the Port or his designated
representative. The limits of the safety zone include all navigable
waters within the following coordinates:
32[deg]43.26' N, 117[deg]12.49' W;
32[deg]43.26' N, 117[deg]11.17' W;
32[deg]42.41' N, 117[deg]10.32' W;
thence east along the shoreline to
32[deg]42.19' N, 117[deg]10.03' W;
32[deg]41.59' N, 117[deg]10.17' W;
thence west along the shoreline to
32[deg]42.41' N, 117[deg]12.55' W;
32[deg]43.26' N, 117[deg]12.49' W.
Coast Guard personnel will enforce this safety zone. The Coast
Guard may be assisted by other Federal, State, or local agencies,
including the Coast Guard Auxiliary. Vessels or persons violating this
section would be subject to both criminal and civil penalties.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. We expect the economic
impact of this proposed rule to be so minimal that a full Regulatory
Evaluation is unnecessary. This determination is based on the size,
location, and duration of the Safety Zone. Commercial vessels would not
be hindered by this Safety Zone. Recreational Vessels would not be
allowed to transit through the designated Safety Zone during the
specified times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. The proposed rule would affect the following
entities, some of which might be small entities: The owners or
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operators of vessels intending to transit or anchor in the portion of
the San Diego Bay from 12 p.m. to 4 p.m. on February 12, 2011.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect for only four hours in the afternoon when
vessel traffic is low. Before the effective period, the Coast Guard
will publish a local notice to mariners (LNM) and will issue broadcast
notice to mariners (BNM) alerts via marine channel 16 VHF before the
temporary safety zone is enforced.
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.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Petty Officer Shane Jackson,
Waterways Management, U.S. Coast Guard Sector San Diego, U.S. Coast
Guard at (619) 278-7267. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed 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.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed 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.
Indian Tribal Governments
This proposed 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of a temporary safety zone. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 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; Pub.
L.
[[Page 1389]]
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. Add Sec. 165.T11-383 to read as follows:
Sec. 165.T11-383 Safety Zone; Centennial of Naval Aviation Kickoff;
San Diego Bay, San Diego, CA.
(a) Location. The limits of the safety zone are encompassed by the
following coordinates:
32[deg]43.26' N, 117[deg]12.49' W;
32[deg]43.26' N, 117[deg]11.17' W;
32[deg]42.41' N, 117[deg]10.32' W;
thence east along the shoreline to
32[deg]42.19' N, 117[deg]10.03' W;
32[deg]41.59' N, 117[deg]10.17' W;
thence west along the shoreline to
32[deg]42.41' N, 117[deg]12.55' W;
32[deg]43.26' N, 117[deg]12.49' W.
(b) Enforcement Period. This section will be enforced from 12 p.m.
to 4 p.m. on February 12, 2011. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety 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, and petty
officers of the Coast Guard on board 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 safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the 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.
(5) The Coast Guard may be assisted by other Federal, State, or
local agencies.
Dated: December 23, 2010.
P.J. Hill,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2011-175 Filed 1-7-11; 8:45 am]
BILLING CODE 9110-04-P
