Safety Zone; Bay Ferry II Maritime Security Exercise; San Francisco Bay, San Francisco, CA, 22809-22812 [2011-9891]
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Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations
records when the purposes underlying
the exemption are valid and necessary
to protect the contents of the records.
This rule is being published as a
direct final rule as the Department of
Defense does not expect to receive any
adverse comments, and so a proposed
rule is unnecessary.
DATES: The rule will be effective on July
5, 2011 unless comments are received
that would result in a contrary
determination. Comments will be
accepted on or before June 24, 2011.
FOR FURTHER INFORMATION CONTACT:
Ms. Jody Sinkler at (703) 767–5045.
SUPPLEMENTARY INFORMATION:
Direct Final Rule and Significant
Adverse Comments
DoD has determined this rulemaking
meets the criteria for a direct final rule
because it involves nonsubstantive
changes dealing with DoD’s
management of its Privacy Progams.
DoD expects no opposition to the
changes and no significant adverse
comments. However, if DoD receives a
significant adverse comment, the
Department will withdraw this direct
final rule by publishing a notice in the
Federal Register. A significant adverse
comment is one that explains: (1) Why
the direct final rule is inappropriate,
including challenges to the rule’s
underlying premise or approach; or
(2) why the direct final rule will be
ineffective or unacceptable without a
change. In determining whether a
comment necessitates withdrawal of
this direct final rule, DoD will consider
whether it warrants a substantive
response in a notice and comment
process.
jdjones on DSKHWCL6B1PROD with RULES
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
15:12 Apr 22, 2011
Jkt 223001
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
It has been determined that Privacy
Act rules for the Department of Defense
do not have significant economic impact
on a substantial number of small entities
because they are concerned only with
the administration of Privacy Act
systems of records within the
Department of Defense.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been determined that Privacy
Act rules for the Department of Defense
impose no additional information
collection requirements on the public
under the Paperwork Reduction Act of
1995.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been determined that Privacy
Act rulemaking for the Department of
Defense does not involve a Federal
mandate that may result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
and that such rulemaking will not
significantly or uniquely affect small
governments.
Executive Order 13132, ‘‘Federalism’’
It has been determined that Privacy
Act rules for the Department of Defense
do not have federalism implications.
The rules do not have substantial direct
effects 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.
2. Exemption: During the processing of a
Freedom of Information Act request, exempt
materials from other systems of records may
in turn become part of the case record in this
system. To the extent that copies of exempt
records from those ‘‘other’’ systems of records
are entered into this system, the Defense
Logistics Agency claims the same exemptions
for the records from those ‘‘other’’ systems
that are entered into this system, as claimed
for the original primary system of which they
are a part.
3. Authority: 5 U.S.C. 552a(j)(2), (k)(2),
(k)(3), (k)(4), (k)(5), (k)(6), and (k)(7).
4. Reasons: Records are only exempt from
pertinent provisions of 5 U.S.C. 552a to the
extent such provisions have been identified
and an exemption claimed for the original
record and the purposes underlying the
exemption for the original record still pertain
to the record which is now contained in this
system of records. In general, the exemptions
were claimed in order to protect properly
classified information relating to national
defense and foreign policy, to avoid
interference during the conduct of criminal,
civil, or administrative actions or
investigations, to ensure protective services
provided the President and others are not
compromised, to protect the identity of
confidential sources incident to Federal
employment, military service, contract, and
security clearance determinations, to
preserve the confidentiality and integrity of
Federal testing materials, and to safeguard
evaluation materials used for military
promotions when furnished by a confidential
source. The exemption rule for the original
records will identify the specific reasons why
the records are exempt from specific
provisions of 5 U.S.C. 552a.
Dated: April 8, 2011.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2011–9748 Filed 4–22–11; 8:45 am]
BILLING CODE 5001–06–P
List of Subjects in 32 CFR Part 323
It has been determined that Privacy
Act rules for the Department of Defense
are not significant rules. The rules do
not (1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a sector of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another Agency; (3) Materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs, or
the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
VerDate Mar<15>2010
President’s priorities, or the principles
set forth in these Executive orders.
22809
DEPARTMENT OF HOMELAND
SECURITY
Privacy.
Accordingly, 32 CFR part 323 is
amended as follows:
Coast Guard
PART 323—DEFENSE LOGISTICS
AGENCY PRIVACY PROGRAM
[Docket No. USCG–2011–0196]
33 CFR Part 165
RIN 1625–AA00
1. The authority citation for 32 CFR
part 323 continues to read as follows:
■
Authority: Pub. L. 93–579, 88 Stat. 1896
(5 U.S.C. 552a).
Safety Zone; Bay Ferry II Maritime
Security Exercise; San Francisco Bay,
San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
■
2. In Appendix H to part 323, add
paragraph (g) to read as follows:
AGENCY:
Appendix H to Part 323—DLA
Exemption Rules
SUMMARY:
*
*
*
*
*
g. ID: S510.30
1. System name: Freedom of Information
Act/Privacy Act Requests and Administrative
Appeal Records.
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ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the San
Francisco Bay in support of the Bay
Ferry II Maritime Security Exercise, a
multi-agency exercise that tests the
proficiency of teams called upon in real
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jdjones on DSKHWCL6B1PROD with RULES
life emergency situations onboard
ferries or other vessels in the San
Francisco Bay. The temporary safety
zone is necessary to provide for the
safety of the public and those
participating in the exercise, many of
whom will be traveling at high speeds
while interfacing with law enforcement
responders. Persons and vessels are
prohibited from entering into, transiting
through, or anchoring within the
temporary safety zone unless authorized
by the Captain of the Port or the Captain
of the Port’s designated representative.
DATES: This rule is effective from 5:50
a.m. until 12:10 p.m. on April 28, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0196 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2011–0196 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. They are
also available for inspection or copying
at two locations: 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 temporary
rule, call or e-mail Lieutenant Junior
Grade Allison A. Natcher, Waterways
Management, U.S. Coast Guard Sector
San Francisco, Coast Guard; telephone
415–399–7442, e-mail D11-PFMarineEvents@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it was
impracticable since the logistical details
of the operations were not presented to
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the Coast Guard in enough time to draft
and publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Any delay in the effective date
of this rule would expose the public to
the dangers posed when conducting a
live practical exercise with a multiagency underway response by United
States Coast Guard, regional law
enforcement, including SWAT and
special tactics units, and fire
department marine units.
Background and Purpose
The California Maritime Academy has
requested that the Coast Guard enforce
a temporary safety zone for operations
during the Bay Ferry II Maritime
Security Exercise from 5:50 a.m. until
12:10 p.m. on April 28, 2011. The Bay
Ferry II Maritime Security Exercise is a
multi-agency exercise that tests the
proficiency of teams called upon in real
life emergency situations onboard
ferries or other vessels in the San
Francisco Bay. The temporary safety
zone will encompass General Anchorage
5 between the North and South
Shipping Channels to the west and
Southampton Shoal Channel to the east
in San Francisco Bay. The temporary
safety zone is needed to protect exercise
participants and provide for the safety
of the passenger ferry operators, first
responders, their crews, and the public
during the full scale security exercise
from accidents or other causes of a
similar nature.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone that will be
enforced on April 28, 2011 from 5:50
a.m. until 12:10 p.m. The limits of the
safety zone include the navigable waters
of General Anchorage 5 between the
North and South Shipping Channels to
the west and Southampton Shoals
Channel to the east in San Francisco
Bay. The safety zone will be located at
approximately 37°54′ N and 122°26′10″
W; 37°54′ N and 122°25′30″ W;
37°56′30″ N and 122°26′30″ W; and
37°56′30″ N and 122°25′50″ W (NAD
83).
The temporary safety zone is
necessary to protect the public from
exercise participants and provide for the
safety of the United States Coast Guard,
passenger ferry operators, first
responders, and their crews during the
full scale security exercise from
accidents or other causes of a similar
nature. Persons and vessels will be
prohibited from entering into, transiting
through, or anchoring within the
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temporary safety zone unless authorized
by the Captain of the Port, or the
Captain of the Port’s designated
representative.
The temporary safety zone will be
enforced by Coast Guard patrol craft and
San Francisco Harbor Police as
authorized by the Captain of the Port.
See 33 CFR 6.04–11, Assistance of Other
Agencies.
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.
Although this regulation will restrict
access to the area, the effect of this rule
will not be significant because: (1) The
safety zone will be in effect for a limited
period of time; (2) the Coast Guard will
give advance notification via maritime
advisories so mariners can adjust their
plans accordingly, and (3) the size of the
zone is at the minimum necessary to
provide adequate protection for the
United States Coast Guard, passenger
ferry operators, first responders, their
crews, and the public.
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
General Anchorage 5 in the San
Francisco Bay between 5:50 a.m. and
12:10 p.m. on April 28, 2011.
The temporary safety zone will not
have a significant economic impact on
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Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations
a substantial number of small entities
for the following reasons. Vessel traffic
can pass safely around the zone. Before
the effective period, the Coast Guard
will issue local notice to mariners
(LNM) and broadcast notice to mariners
(BNM) alerts via VHF–FM marine
channel 16 before the safety zone is
enforced.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
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).
jdjones on DSKHWCL6B1PROD with RULES
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 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.
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Taking of Private Property
This rule will not effect 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
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
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22811
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 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 concluded this action is one of a
category of actions which 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 the establishment of a
temporary safety zone.
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
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, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T11–407 to read as
follows:
■
§ 165.T11–407 Safety Zone; Bay Ferry II
Maritime Security Exercise; San Francisco
Bay, San Francisco, CA.
(a) Location. The limits of this safety
zone include the navigable waters
within General Anchorage 5 at
positions: 37°54′ N and 122°26′10″ W;
37°54′ N and 122°25′30″ W; 37°56′30″ N
and 122°26′30″ W; and 37°56′30″ N and
122°25′50″ W (NAD 83).
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(b) Enforcement Period. This section
will be enforced from 5:50 a.m. through
12:10 p.m. on April 28, 2011. If the
operation concludes prior to the
scheduled termination time, the Captain
of the Port will cease enforcement of the
safety zones and will announce that fact
via Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to these sections:
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) In accordance
with 33 CFR Part 165 Subpart C, entry
into, transit through or anchoring within
this safety zone is prohibited unless
authorized by the Captain of the Port of
San Francisco or the Captain of the
Port’s 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: April 11, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2011–9891 Filed 4–22–11; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0201]
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RIN 1625–AA00
Safety Zone; Sea World Fireworks;
Mission Bay, San Diego, CA
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
SUMMARY:
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the specified navigable waters of
Mission Bay in support of the Sea World
Fireworks. This 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 are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
DATES: This rule is effective in the CFR
from April 25, 2011 through 10:15 p.m.
on December 31, 2011. This rule is
effective with actual notice for the
purposes of enforcement from 8:45 p.m.
on April 2, 2011 through 10:15 p.m. on
December 31, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0201 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0201 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are 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 temporary
rule, call or e-mail Petty Officer Cody
McLaughlin, Waterways Management,
U.S. Coast Guard Sector San Diego, CA;
telephone (619) 278–7233, e-mail
Cody.C.McLaughlin@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
standard notice procedures are
impracticable. Immediate action is
necessary to ensure the safety of vessels,
spectators, participants, and others in
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the vicinity of the marine event on the
dates and times this rule will be in
effect.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be impracticable, because
immediate action is needed to ensure
the public’s safety.
Basis and Purpose
Sea World is sponsoring the Sea
World Fireworks, which will include a
fireworks presentation from a barge in
Mission Bay. Fireworks displays are
scheduled to occur on various dates
between April 2 and December 31, 2011.
This temporary safety zone is necessary
to provide for the safety of the crew,
spectators, participants, and other
vessels and users of the waterway.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone in support of Sea
World Fireworks. It will be enforced
from 8:45 p.m. to 10:15 p.m. on
evenings with a fireworks show.
Fireworks shows are currently
scheduled for the following dates in
2011: April 2, 9, 16 and 23; May 28, 29
and 30; June 4 and 5, 11 and 12; June
16 through August 21; August 26, 27,
and 28; September 3, 4, and 5;
November 18; and December 9 and 31.
If this schedule changes the Coast Guard
will announce the changes via
Broadcast Notice to Mariners no less
than 24 hours before the event. The
safety zone will cover a 600 foot radius
surrounding the fireworks barge in
approximate position 32°46′03″ N,
117°13′11″ W. The safety zone is
necessary to provide for the safety of the
crew, spectators, participants, and other
vessels and users of the waterway.
When this temporary safety zone is
being enforced, persons and vessels are
prohibited from entering into, transiting
through, or anchoring within this safety
zone unless authorized by the Captain
of the Port, or his designated
representative.
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
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]]>Agencies
[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Rules and Regulations]
[Pages 22809-22812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9891]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0196]
RIN 1625-AA00
Safety Zone; Bay Ferry II Maritime Security Exercise; San
Francisco Bay, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay in support of the Bay Ferry
II Maritime Security Exercise, a multi-agency exercise that tests the
proficiency of teams called upon in real
[[Page 22810]]
life emergency situations onboard ferries or other vessels in the San
Francisco Bay. The temporary safety zone is necessary to provide for
the safety of the public and those participating in the exercise, many
of whom will be traveling at high speeds while interfacing with law
enforcement responders. Persons and vessels are prohibited from
entering into, transiting through, or anchoring within the temporary
safety zone unless authorized by the Captain of the Port or the Captain
of the Port's designated representative.
DATES: This rule is effective from 5:50 a.m. until 12:10 p.m. on April
28, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0196 and are available online
by going to https://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2011-0196
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: 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
temporary rule, call or e-mail Lieutenant Junior Grade Allison A.
Natcher, Waterways Management, U.S. Coast Guard Sector San Francisco,
Coast Guard; telephone 415-399-7442, e-mail D11-PF-MarineEvents@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it was impracticable since the
logistical details of the operations were not presented to the Coast
Guard in enough time to draft and publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay in the effective date of
this rule would expose the public to the dangers posed when conducting
a live practical exercise with a multi-agency underway response by
United States Coast Guard, regional law enforcement, including SWAT and
special tactics units, and fire department marine units.
Background and Purpose
The California Maritime Academy has requested that the Coast Guard
enforce a temporary safety zone for operations during the Bay Ferry II
Maritime Security Exercise from 5:50 a.m. until 12:10 p.m. on April 28,
2011. The Bay Ferry II Maritime Security Exercise is a multi-agency
exercise that tests the proficiency of teams called upon in real life
emergency situations onboard ferries or other vessels in the San
Francisco Bay. The temporary safety zone will encompass General
Anchorage 5 between the North and South Shipping Channels to the west
and Southampton Shoal Channel to the east in San Francisco Bay. The
temporary safety zone is needed to protect exercise participants and
provide for the safety of the passenger ferry operators, first
responders, their crews, and the public during the full scale security
exercise from accidents or other causes of a similar nature.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone that will
be enforced on April 28, 2011 from 5:50 a.m. until 12:10 p.m. The
limits of the safety zone include the navigable waters of General
Anchorage 5 between the North and South Shipping Channels to the west
and Southampton Shoals Channel to the east in San Francisco Bay. The
safety zone will be located at approximately 37[deg]54' N and
122[deg]26'10'' W; 37[deg]54' N and 122[deg]25'30'' W; 37[deg]56'30'' N
and 122[deg]26'30'' W; and 37[deg]56'30'' N and 122[deg]25'50'' W (NAD
83).
The temporary safety zone is necessary to protect the public from
exercise participants and provide for the safety of the United States
Coast Guard, passenger ferry operators, first responders, and their
crews during the full scale security exercise from accidents or other
causes of a similar nature. Persons and vessels will be prohibited from
entering into, transiting through, or anchoring within the temporary
safety zone unless authorized by the Captain of the Port, or the
Captain of the Port's designated representative.
The temporary safety zone will be enforced by Coast Guard patrol
craft and San Francisco Harbor Police as authorized by the Captain of
the Port. See 33 CFR 6.04-11, Assistance of Other Agencies.
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.
Although this regulation will restrict access to the area, the
effect of this rule will not be significant because: (1) The safety
zone will be in effect for a limited period of time; (2) the Coast
Guard will give advance notification via maritime advisories so
mariners can adjust their plans accordingly, and (3) the size of the
zone is at the minimum necessary to provide adequate protection for the
United States Coast Guard, passenger ferry operators, first responders,
their crews, and the public.
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 General Anchorage 5 in the San Francisco Bay between 5:50
a.m. and 12:10 p.m. on April 28, 2011.
The temporary safety zone will not have a significant economic
impact on
[[Page 22811]]
a substantial number of small entities for the following reasons.
Vessel traffic can pass safely around the zone. Before the effective
period, the Coast Guard will issue local notice to mariners (LNM) and
broadcast notice to mariners (BNM) alerts via VHF-FM marine channel 16
before the safety zone is enforced.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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 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 effect 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 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 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 concluded
this action is one of a category of actions which 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 the establishment of a
temporary safety zone.
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. 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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T11-407 to read as follows:
Sec. 165.T11-407 Safety Zone; Bay Ferry II Maritime Security
Exercise; San Francisco Bay, San Francisco, CA.
(a) Location. The limits of this safety zone include the navigable
waters within General Anchorage 5 at positions: 37[deg]54' N and
122[deg]26'10'' W; 37[deg]54' N and 122[deg]25'30'' W; 37[deg]56'30'' N
and 122[deg]26'30'' W; and 37[deg]56'30'' N and 122[deg]25'50'' W (NAD
83).
[[Page 22812]]
(b) Enforcement Period. This section will be enforced from 5:50
a.m. through 12:10 p.m. on April 28, 2011. If the operation concludes
prior to the scheduled termination time, the Captain of the Port will
cease enforcement of the safety zones and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following definition applies to these
sections: 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) In accordance with 33 CFR Part 165 Subpart C,
entry into, transit through or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port of San
Francisco or the Captain of the Port's 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: April 11, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2011-9891 Filed 4-22-11; 8:45 am]
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