Security Zones; Cruise Ships, Port of San Diego, CA, 15216-15218 [2011-6579]
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15216
Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves implementation of regulations
within 33 CFR part 100 applicable to
organized marine events on the
navigable waters of the United States
that could negatively impact the safety
of waterway users and shore side
activities in the event area. The category
of water activities includes but is not
limited to sail boat regattas, boat
parades, power boat racing, swimming
events, crew racing, canoe and sail
board racing. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
1. The authority citation for part 100
continues to read as follows:
■
33 CFR Part 165
Authority: 33 U.S.C. 1233.
[Docket No. USCG–2011–0038]
2. Add a temporary section, § 100.35–
T05–1113 to read as follows:
■
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(a) Regulated area. The following
location is a regulated area: All waters
of the Potomac River, within lines
connecting the following positions: from
latitude 38°22′05″ N, longitude
076°59′03″ W, thence to latitude
38°21′50″ N, longitude 077°00′54″ W,
and from latitude 38°21′29″ N, longitude
077°00′54″ W to latitude 38°21′45″ N,
longitude 076°58′59″ W. All coordinates
reference Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(c) Special local regulations: (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels and persons in the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel or person
Jkt 223001
RIN 1625–AA87
Security Zones; Cruise Ships, Port of
San Diego, CA
§ 100.35–T05–1113 Special Local
Regulations for Marine Events; Potomac
River, Charles County, MD.
12:38 Mar 18, 2011
Dated: February 28, 2011.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2011–6587 Filed 3–18–11; 8:45 am]
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
VerDate Mar<15>2010
in the regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(2) All Coast Guard vessels enforcing
this regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz).
(3) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period: This section
will be enforced from 7 a.m. until 12:30
p.m. on May 22, 2011.
Coast Guard, DHS.
ACTION: Final rule.
AGENCY:
The Coast Guard is amending
its regulations for Security Zones;
Cruise Ships, Port of San Diego,
California, by providing a common
description of all security zones created
by this section to encompass only
navigable waters within a 100 yard
radius around any cruise ship that is
located within the San Diego port area
landward of the sea buoys bounding the
Port of San Diego. This final rule
removes a reference to shore area that is
no longer necessary to provide for the
safety of the cruise ship, vessels, and
users of the waterway. Entry into these
security zones will be prohibited unless
specifically authorized by the Captain of
the Port (COTP) San Diego, or a COTP
designated representative.
DATES: This rule is effective April 20,
2011.
SUMMARY:
The contents of the online
docket for this rulemaking, USCG–
2011–0038, may be viewed by going to
https://www.regulations.gov, inserting
USCG–2011–0038 in the ‘‘Keyword’’
ADDRESSES:
PO 00000
Frm 00006
Fmt 4700
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box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Commander Michael
B. Dolan, Prevention, Coast Guard
Sector San Diego, Coast Guard;
telephone 619–278–7261, e-mail
Michael.B.Dolan@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
Regulatory Information
On January 27, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Security Zones; Cruise Ships,
Port of San Diego, California in the
Federal Register (76 FR 4833). We
received no comments on the proposed
rule, either through the electronic
docket office, or directly to Coast Guard
Sector San Diego. A public meeting was
not requested, and none were held. The
telephone number listed in the
proposed rule to contact the Captain of
the Port listed was incorrect. We have
corrected it in this final rule.
Basis and Purpose
Based on experience with actual
security zone enforcement operations,
the COTP San Diego has concluded that
a security zone encompassing all
navigable waters, extending from the
surface to the sea floor, within a 100
yard radius around any cruise ship that
is within the San Diego port area inside
the sea buoys bounding the Port of San
Diego would provide for the safety of
the cruise ship, vessels, and users of the
waterway. Therefore, no reference to
shore area in security zones for moored
cruise ships is required.
Background
The Coast Guard is establishing a
permanent security zone regulation. The
security zones created by this rule will
encompass all navigable waters,
extending from the surface to the sea
floor, within a 100 yard radius around
any cruise ship that is within the San
Diego port area inside the sea buoys
bounding the Port of San Diego. These
security zones are necessary to provide
for the safety of the cruise ship, other
vessels and users of the waterway. Entry
into these zones will be prohibited
unless specifically authorized by the
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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations
Captain of the Port (COTP) San Diego,
or a COTP designated representative.
Paragraph (b)(2) of the existing 33
CFR 165.1108 includes reference to the
shore area. The COTP has determined
that security zones for moored cruise
ships in San Diego Harbor need not
include any shore area, as the shore side
passenger terminals used for cruise ship
operations are regulated under
regulations in 33 CFR part 105 issued
under authority of the Maritime
Transportation Security Act of 2002
(Pub. L. 107–295). These MTSA
regulations were published July 1 (68
FR 39315) and October 22, 2003 (68 FR
60515), months after the final rule
establishing 33 CFR 165.1108 was
published on January 8, 2003 (68 FR
1005).
The Coast Guard issued a temporary
final rule that suspends § 165.1108
(b)(2) through June 20, 2011. See 75 FR
82243, December 30, 2010. With the
issuance of this final rule, the temporary
final rule of December 30, 2010, is no
longer needed. This final rule will
remove that section.
Further, this rule amends both 33 CFR
165.1108 (b) and (c). In addition to
clarifying the area covered by security
zones created by § 165.1108 (b), this rule
simplifies the regulation by not
distinguishing between anchored cruise
ships, moored cruise ships and cruise
ships underway. Also, paragraph (c) is
amended to make it clearer that persons
and vessels may not enter these security
zones without first obtaining permission
of the Captain of the Port San Diego.
Discussion of Comments and Changes
There were no comments submitted to
the electronic docket or to Coast Guard
Sector San Diego. No changes were
made from the proposed regulation,
except to correct the telephone number
listed to contact the Captain of the Port.
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Regulatory Analyses
We developed this 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 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.
It is not ‘‘significant’’ under the
regulatory policies and procedures of
VerDate Mar<15>2010
12:38 Mar 18, 2011
Jkt 223001
the Department of Homeland Security
(DHS). We expect the economic impact
of this rule to be so minimal that full
Regulatory Evaluation is unnecessary.
Most of the entities likely to be affected
are pleasure craft engaged in
recreational activities and sightseeing.
In addition, due to National Security
interests, the implementation of this
security zone regulation is necessary for
the protection of the United States and
its people. The size of the zones is the
minimum necessary to provide adequate
protection for cruise ships.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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 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
San Diego Bay within a 100-yard radius
of cruise ships covered by this rule.
This security zone regulation will not
have a significant economic impact on
a substantial number of small entities
because vessel traffic can pass safely
around the zones.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
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
PO 00000
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15217
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls 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 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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.
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.
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.
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
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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations
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 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.
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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 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 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. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves amending a security zone
regulation by removing the reference to
shore area in security zones for moored
cruise ships. An environmental analysis
checklist and a categorical exclusion
VerDate Mar<15>2010
12:38 Mar 18, 2011
Jkt 223001
determination are available in the
docket where indicated under
ADDRESSES.
POSTAL SERVICE
List of Subjects in 33 CFR Part 165
Rules of Practice in Proceedings
Relative to Mail Disputes
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
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.
2. In § 165.1108, reinstate temporarily
suspended paragraph (b)(2), and then
revise paragraphs (b) and (c) to read as
follows:
■
§ 165.1108 Security Zones; Moored Cruise
Ships, Port of San Diego, California.
*
*
*
*
*
(b) Location. The following areas are
security zones: All navigable waters,
extending from the surface to the sea
floor, within a 100-yard radius around
any cruise ship that is located within
the San Diego port area landward of the
sea buoys bounding the Port of San
Diego.
(c) Regulations. Under regulations in
33 CFR part 165, subpart D, a person or
vessel may not enter into or remain in
the security zones created by this
section unless authorized by the Coast
Guard Captain of the Port, San Diego
(COTP) or a COTP designated
representative. Persons desiring to
transit these security zones may contact
the COTP at telephone number (619)
278–7033 or on VHF–FM channel 16
(156.8 MHz) to seek permission to
transit the area. If permission is granted,
all persons and vessels must comply
with the instructions of the Captain of
the Port or his or her designated
representative.
*
*
*
*
*
§ 165.T11–386
■
[Removed]
3. Remove § 165.T11–386.
Dated: March 7, 2011.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2011–6579 Filed 3–16–11; 4:15 pm]
BILLING CODE 9110–04–P
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39 CFR Part 965
Postal Service.
Final rule.
AGENCY:
ACTION:
The Postal Service is
amending the rules of practice of the
Office of the Judicial Officer to clarify
that parties may submit arguments as
well as sworn statements in support of
their claims to disputed mail. In
addition, the rules are being amended to
clarify some provisions and update
obsolete language.
DATES: Effective Date: March 30, 2011.
FOR FURTHER INFORMATION CONTACT:
Administrative Judge Gary E. Shapiro,
(703) 812–1910.
SUPPLEMENTARY INFORMATION:
Supporting statements. The rules
governing proceedings relative to mail
disputes are found in 39 CFR part 965.
Formerly, § 965.5 provided that each
party shall file a sworn statement of the
facts supporting its claim to the
disputed mail together with a copy of
each document on which it relies in
making such claim. The revised rule
clarifies that the submission also may
include argument as to why the factual
statement and supporting documents
should result in that party’s claim to the
disputed mail being accepted. The
change concerning inclusion of
argument in the parties’ mail dispute
submissions is intended to reflect
longstanding practice to that effect.
Clarifying this matter should avoid
confusion from unclear wording that
could, and in one recent case did lead
a disputant to believe that only factual
presentation and not argument is
permitted by the rules. Corresponding
changes are made to section 965.6.
Editorial changes. Several other
changes are made to various sections of
the rules for the purpose of clarifying
the rules, updating the rules, or
conforming the rules to current practice.
None of the changes affects the
substantive rights of disputants.
Changes in sections 965.1, 965.2, 965.3,
965.4(b)(2), 965.8(a), and 965.14 reflect
current practice and eliminate reference
to obsolete language. Section 965.9(c) is
eliminated as unnecessary.
Effective date. These revisions are
changes in agency rules of practice
before the Judicial Officer and do not
substantially affect any rights or
obligations of private parties. Therefore,
it is appropriate for their adoption by
the Postal Service to become effective at
an early date; and these revised rules
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Rules and Regulations]
[Pages 15216-15218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6579]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0038]
RIN 1625-AA87
Security Zones; Cruise Ships, Port of San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending its regulations for Security
Zones; Cruise Ships, Port of San Diego, California, by providing a
common description of all security zones created by this section to
encompass only navigable waters within a 100 yard radius around any
cruise ship that is located within the San Diego port area landward of
the sea buoys bounding the Port of San Diego. This final rule removes a
reference to shore area that is no longer necessary to provide for the
safety of the cruise ship, vessels, and users of the waterway. Entry
into these security zones will be prohibited unless specifically
authorized by the Captain of the Port (COTP) San Diego, or a COTP
designated representative.
DATES: This rule is effective April 20, 2011.
ADDRESSES: The contents of the online docket for this rulemaking,
USCG-2011-0038, may be viewed by going to https://www.regulations.gov,
inserting USCG-2011-0038 in the ``Keyword'' box, and then clicking
``Search.'' This material is also available for inspection or copying
at the 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, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
proposed rule, call or e-mail Commander Michael B. Dolan, Prevention,
Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7261, e-
mail Michael.B.Dolan@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
Regulatory Information
On January 27, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Security Zones; Cruise Ships, Port of San Diego,
California in the Federal Register (76 FR 4833). We received no
comments on the proposed rule, either through the electronic docket
office, or directly to Coast Guard Sector San Diego. A public meeting
was not requested, and none were held. The telephone number listed in
the proposed rule to contact the Captain of the Port listed was
incorrect. We have corrected it in this final rule.
Basis and Purpose
Based on experience with actual security zone enforcement
operations, the COTP San Diego has concluded that a security zone
encompassing all navigable waters, extending from the surface to the
sea floor, within a 100 yard radius around any cruise ship that is
within the San Diego port area inside the sea buoys bounding the Port
of San Diego would provide for the safety of the cruise ship, vessels,
and users of the waterway. Therefore, no reference to shore area in
security zones for moored cruise ships is required.
Background
The Coast Guard is establishing a permanent security zone
regulation. The security zones created by this rule will encompass all
navigable waters, extending from the surface to the sea floor, within a
100 yard radius around any cruise ship that is within the San Diego
port area inside the sea buoys bounding the Port of San Diego. These
security zones are necessary to provide for the safety of the cruise
ship, other vessels and users of the waterway. Entry into these zones
will be prohibited unless specifically authorized by the
[[Page 15217]]
Captain of the Port (COTP) San Diego, or a COTP designated
representative.
Paragraph (b)(2) of the existing 33 CFR 165.1108 includes reference
to the shore area. The COTP has determined that security zones for
moored cruise ships in San Diego Harbor need not include any shore
area, as the shore side passenger terminals used for cruise ship
operations are regulated under regulations in 33 CFR part 105 issued
under authority of the Maritime Transportation Security Act of 2002
(Pub. L. 107-295). These MTSA regulations were published July 1 (68 FR
39315) and October 22, 2003 (68 FR 60515), months after the final rule
establishing 33 CFR 165.1108 was published on January 8, 2003 (68 FR
1005).
The Coast Guard issued a temporary final rule that suspends Sec.
165.1108 (b)(2) through June 20, 2011. See 75 FR 82243, December 30,
2010. With the issuance of this final rule, the temporary final rule of
December 30, 2010, is no longer needed. This final rule will remove
that section.
Further, this rule amends both 33 CFR 165.1108 (b) and (c). In
addition to clarifying the area covered by security zones created by
Sec. 165.1108 (b), this rule simplifies the regulation by not
distinguishing between anchored cruise ships, moored cruise ships and
cruise ships underway. Also, paragraph (c) is amended to make it
clearer that persons and vessels may not enter these security zones
without first obtaining permission of the Captain of the Port San
Diego.
Discussion of Comments and Changes
There were no comments submitted to the electronic docket or to
Coast Guard Sector San Diego. No changes were made from the proposed
regulation, except to correct the telephone number listed to contact
the Captain of the Port.
Regulatory Analyses
We developed this 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 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.
It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security (DHS). We expect the
economic impact of this rule to be so minimal that full Regulatory
Evaluation is unnecessary. Most of the entities likely to be affected
are pleasure craft engaged in recreational activities and sightseeing.
In addition, due to National Security interests, the implementation of
this security zone regulation is necessary for the protection of the
United States and its people. The size of the zones is the minimum
necessary to provide adequate protection for cruise ships.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 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 San Diego Bay within a 100-yard radius of cruise ships
covered by this rule.
This security zone regulation will not have a significant economic
impact on a substantial number of small entities because vessel traffic
can pass safely around the zones.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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.
Collection of Information
This rule calls 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 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
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.
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.
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.
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
[[Page 15218]]
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 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 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 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. This rule is categorically excluded,
under figure 2-1, paragraph (34)(g), of the Instruction. This rule
involves amending a security zone regulation by removing the reference
to shore area in security zones for moored cruise ships. An
environmental analysis checklist 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, 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. In Sec. 165.1108, reinstate temporarily suspended paragraph (b)(2),
and then revise paragraphs (b) and (c) to read as follows:
Sec. 165.1108 Security Zones; Moored Cruise Ships, Port of San Diego,
California.
* * * * *
(b) Location. The following areas are security zones: All navigable
waters, extending from the surface to the sea floor, within a 100-yard
radius around any cruise ship that is located within the San Diego port
area landward of the sea buoys bounding the Port of San Diego.
(c) Regulations. Under regulations in 33 CFR part 165, subpart D, a
person or vessel may not enter into or remain in the security zones
created by this section unless authorized by the Coast Guard Captain of
the Port, San Diego (COTP) or a COTP designated representative. Persons
desiring to transit these security zones may contact the COTP at
telephone number (619) 278-7033 or on VHF-FM channel 16 (156.8 MHz) to
seek permission to transit the area. If permission is granted, all
persons and vessels must comply with the instructions of the Captain of
the Port or his or her designated representative.
* * * * *
Sec. 165.T11-386 [Removed]
0
3. Remove Sec. 165.T11-386.
Dated: March 7, 2011.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2011-6579 Filed 3-16-11; 4:15 pm]
BILLING CODE 9110-04-P
