Special Local Regulation; San Francisco Bay Navy Fleetweek Parade of Ships and Blue Angels Demonstration, 43161-43164 [2012-17946]
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Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Rules and Regulations
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T01–0629 to read as
follows:
■
Emcdonald on DSK67QTVN1PROD with RULES
§ 100.35T01–0629 Special Local
Regulation; Battle on the Bay Powerboat
Race Atlantic Ocean, Fire Island, NY.
(a) Regulated Areas. All coordinates
are North American Datum 1983 (NAD
83).
(1) ‘‘Regatta Course Area’’: All
navigable waters of the Atlantic Ocean
off Smith Point Park within the
following boundaries: Beginning at
point ‘‘A’’ at position 40°43′42″ N,
072°51′57″ W, then south to point ‘‘B’’
at position 40°43′17″ N, 072°51′43″ W,
then east to point ‘‘C’’ at position
40°43′40″ N, 072°50′23″ W, then east to
point ‘‘D’’ at position 40°44′5″ N,
072°49′0″ W, then north to point ‘‘E’’ at
position 40°44′31″ N, 072°49′10″ W then
following the shoreline west to the point
of origin point ‘‘A’’.
(2) ‘‘No Entry Area’’: A buffer zone
comprising all navigable waters of the
Atlantic Ocean extending 500 feet
outwards from the border of the
‘‘Regatta Course Area’’ described above.
(3) ‘‘Spectator Viewing Area’’: All
navigable waters of the Atlantic Ocean
between 500 feet and 1,000 feet outward
from the portion of the southern
boundary of the ‘‘Regatta Course Area’’
between the center of the course marked
by point ‘‘C’’ and the eastern boundary
marked by point ‘‘D’’. The sponsor will
mark this area with white striped blue
buoys.
(b) Special Local Regulations.
(1) In accordance with the general
regulations found in § 100.35 of this
part, entering into, transiting through,
anchoring or remaining within the
regulated areas is prohibited unless
authorized by the Captain of the Port
(COTP) Sector Long Island Sound, or
designated representative.
(2) All persons and vessels are
authorized by the COTP Sector Long
Island Sound to enter areas of this
special local regulation in accordance
with the following restrictions:
(i) ‘‘Regatta Course Area’’: Access is
limited to registered regatta participants,
safety and support vessels, and official
vessels.
(ii) ‘‘No Entry Area’’: Access is limited
to safety and support vessels, official
vessels, and registered regatta
participants when actively transiting
into or out of the ‘‘Regatta Course Area’’.
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(iii) ‘‘Spectator Viewing Area’’: Access
is limited to spectator vessels engaged
in watching the event.
(3) All persons and vessels shall
comply with the instructions of the
COTP Sector Long Island Sound or
designated representative. These
designated representatives are
comprised of commissioned, warrant,
and petty officers of the Coast Guard.
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
lights, or other means the operator of a
vessel shall proceed as directed.
(4) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated areas must
contact the COTP Sector Long Island
Sound by telephone at (203) 468–4401,
or designated representative via VHF
radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated areas is granted by
the COTP Sector Long Island Sound or
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the COTP Sector Long Island Sound or
designated representative.
(5) The Coast Guard will provide
notice of the regulated areas prior to the
event through appropriate means, which
may include but are not limited to the
Local Notice to Mariners and Broadcast
Notice to Mariners.
(c) Enforcement Period: This section
will be enforced from 7:00 a.m. until
7:00 p.m. on both August 25, 2012 and
August 26, 2012.
Dated: July 10, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2012–17606 Filed 7–23–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0459]
RIN 1625–AA00
Special Local Regulation; San
Francisco Bay Navy Fleetweek Parade
of Ships and Blue Angels
Demonstration
Coast Guard, DHS.
Interim rule and request for
comments.
AGENCY:
ACTION:
The Coast Guard is amending
the special local regulation for the San
SUMMARY:
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43161
Francisco Bay Navy Fleetweek Parade of
Ships and Blue Angels Demonstration.
The amendment will increase the
restricted area surrounding U.S. Navy
parade vessels operating in regulated
area ‘‘Alpha’’ from 200 yards to 500
yards. When the special local regulation
is activated and subject to enforcement,
this rule would limit the movement of
vessels within 500 yards of any Navy
parade vessel.
DATES: This rule is effective August 23,
2012. Comments and related material
must be received by the Coast Guard on
or before August 23, 2012.
Requests for public meetings must be
received by the Coast Guard on or before
August 13, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of Docket Number
USCG–2012–0459. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Open Docket
Folder’’ on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
You may submit comments identified
by docket number USCG–2012–0459
using any one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant DeCarol Davis, U.S.
Coast Guard Sector San Francisco,
Waterways Management Division;
telephone 415–399–7443, email
DeCarol.A.Davis@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
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Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SLR Special Local Regulation
A. 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.
Emcdonald on DSK67QTVN1PROD with RULES
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, 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 at 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, 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 email 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, type the
docket number (USCG–2012–0459) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
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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2. 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, type the
docket number (USCG–2012–0459) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. 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).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the 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.
B. Regulatory History and Information
The special local regulation for the
San Francisco Bay Navy Fleetweek
Parade of Ships and Blue Angels
Demonstration (‘‘SLR’’) is established in
33 CFR 100.1105. This rule amends
section (1), paragraph (c) of 33 CFR
100.1105 to expand the restricted area
surrounding Navy parade vessels
operating in the regulated area from 200
yards to 500 yards. The reason for this
amendment is that we wish to align the
SLR with the most up-to-date Coast
Guard security enforcement procedures
and incorporate language that adds to
the transparency of the regulation for
the public, enabling potential spectators
of the San Francisco Fleetweek events to
better understand, and prepare for, the
Coast Guard’s forthcoming enforcement
actions.
The most recent Coast Guard security
procedures, which generally call for a
500-yard restricted area around
patrolled vessels, are still being
evaluated to determine whether 500
yards can be effectively enforced given
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the level of on-water activity
experienced during the San Francisco
Bay Fleetweek events. During
Fleetweek, there are substantially more
recreational users on the water as
spectators, and this crowding may
ultimately require the Coast Guard to
enforce a perimeter that is larger or
smaller than the 500 yards prescribed in
this rule. This amendment is being
promulgated as an interim rule to
implement immediate security measures
needed for safety during Fleetweek
events and to allow for subsequent
changes to the rule should the restricted
area surrounding parade vessels need to
increase or decrease.
The Coast Guard is issuing this
interim 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)(1)(B), we find that good cause
exists for not publishing a notice of
proposed rulemaking (NPRM) with
respect to this rule because publishing
an NPRM would be unnecessary.
The existing SLR, which this rule
intends to amend, presently authorizes
the Coast Guard to forbid and control
the movement of vessels in the
regulated areas defined in 33 CFR
100.1105(b). Although this rule amends
the SLR to expand the restricted area
surrounding the Navy parade vessel,
this expansion remains within the
previously defined regulated area in
which the Coast Guard already has the
authority to control vessel movement.
This interim rule does not expand or
contract the authorities promulgated in
the existing SLR. The rule merely
amends the current SLR language to
reflect the most up-to-date Coast Guard
enforcement procedures and provide the
public notice of the enforcement actions
that will be implemented within the
existing regulated area. As this
amendment provides the public with
notice of the Coast Guard’s enforcement
strategies and does not change the scope
of the SLR, we find it unnecessary to
publish an NPRM.
C. Basis and Purpose
The San Francisco Bay Navy
Fleetweek Parade of Ships and Blue
Angels Demonstration occurs annually
in early October on the navigable waters
of San Francisco Bay in California. The
SLR for these events does not currently
contain language that mirrors the
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Emcdonald on DSK67QTVN1PROD with RULES
current Coast Guard security zone
enforcement procedures. Coast Guard
security zone enforcement actions
require that there be an adequate space
cushion surrounding U.S. naval vessels,
so that Coast Guard enforcement assets
may respond to security threats at an
appropriate distance from U.S. naval
vessels to prevent injury, loss of life or
property damage. This amendment is
necessary to reflect the enforcement
actions needed to provide for the safety
and security of the participating U.S.
Navy parade vessels, spectators, event
participants, and other waterways users
from sabotage, subversive acts,
accidents, criminal actions, or other
causes of a similar nature.
The effect of this amendment will be
to communicate to the public the Coast
Guard’s intention to further restrict
general navigation in the vicinity of the
Navy Fleetweek Parade of Ships, within
the existing regulated area, from the
start of the event until the conclusion of
the event. When the special local
regulation is activated, and thus subject
to enforcement, this rule would limit
the movement of vessels within 500
yards of any Navy parade vessel.
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
D. Discussion of the Interim Rule
The Coast Guard is amending
paragraph (c)(1) of 33 CFR 100.1105, the
special local regulation for the San
Francisco Bay Navy Fleetweek Parade of
Ships and Blue Angels Demonstration.
The amendment will increase the
restricted area surrounding U.S. Navy
parade vessels operating in regulated
area ‘‘Alpha,’’ which is defined in 33
CFR 100.1105(b)(1), from 200 yards to
500 yards.
Experiences during security zone
enforcement operations, observations
during boat tactics training, and
discussions with Commanding Officers/
Officers in Charge and tactical
coxswains from Sector San Francisco’s
boat stations, has led the Coast Guard to
determine that a 200-yard (183 meters)
security zone is not adequate for
protecting transiting vessels from
sabotage, subversive acts, accidents,
criminal actions, or other causes of a
similar nature. A 500 yard (457 meters)
security zone increases reaction time,
allows proper assessment of the
situation, and improves the ability of
the tactical coxswains to properly
execute protective measures.
The amendment will prohibit persons
or vessels from entering or remaining
within 500 yards of any Navy parade
vessel.
2. Impact on Small Entities
E. Regulatory Analyses
We developed this rule after
considering numerous statutes and
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1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This interim rule does not
expand or contract the authorities
promulgated in the existing SLR
established in 33 CFR 100.1105. The
rule merely amends the current SLR
language to reflect the most up-to-date
Coast Guard enforcement procedures
and provide the public notice of the
enforcement actions that will be
implemented within the existing
regulated area.
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this rule on small entities.
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. We
expect this rule will affect the following
entities, some of which may be small
entities: owners and operators of vessels
intending to fish, sightsee, transit, or
anchor in the waters affected by the
regulated areas. These regulations will
not have a significant economic impact
on a substantial number of small entities
for several reasons: small vessel traffic
will be able to pass safely around the
area and vessels engaged in event
activities, sightseeing and commercial
fishing have ample space outside of the
area governed by the special local
regulations to engage in these activities.
Small entities and the maritime public
will be advised of implementation of the
special local regulation via public notice
to mariners or notice of implementation
published in the Federal Register.
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.
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43163
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this rule or
any policy or action of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520.).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. Taking of Private Property
This rule 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.
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9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children From
Environmental Health Risks
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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it 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.
12. Energy Effects
This rule is not a ‘‘significant energy
action’’ under Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use 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.
Emcdonald on DSK67QTVN1PROD with RULES
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule will increase the
restricted area surrounding U.S. Navy
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parade vessels operating in regulated
area ‘‘Alpha,’’ which is defined in 33
CFR 100.1105(b)(1), from 200 yards to
500 yards. This rule is categorically
excluded from further review under
paragraph 34(a) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—REGATTAS AND MARINE
PARADES
1. The authority citation for part 100
continues to read as follows: 33 U.S.C.
1233.
■ 2. In § 100.1105 revise paragraph
(c)(1) to read as follows:
■
§ 100.1105 San Francisco Bay Navy
Fleetweek Parade of Ships and Blue Angels
Demonstration.
*
*
*
*
*
(c) * * *
(1) Except for persons or vessels
authorized by the Coast Guard Patrol
Commander, in regulated area ‘‘Alpha’’
no person may enter or remain within
500 yards of any Navy parade vessel. No
person or vessel shall anchor, block,
loiter in, or impede the through transit
of ship parade participants or official
patrol vessels in regulated area ‘‘Alpha.’’
*
*
*
*
*
Dated: July 12, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2012–17946 Filed 7–23–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0666]
Drawbridge Operation Regulation;
Willamette River, Portland, OR
AGENCY:
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Notice of temporary deviation
from regulations.
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs four Multnomah
County bridges: The Broadway Bridge,
mile 11.7, the Burnside Bridge, mile
12.4, the Morrison Bridge, mile 12.8,
and the Hawthorne Bridge, mile 13.1, all
crossing the Willamette River at
Portland, OR. This deviation is
necessary to accommodate the annual
Portland Providence Bridge Pedal event.
This deviation allows the bridges to
remain in the closed position to allow
safe movement of event participants.
DATES: This deviation is effective from
5 a.m. August 12, 2012 through
12:30 p.m. August 12, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0666 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0666 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 rule, call or
email the Bridge Administrator, Coast
Guard Thirteenth District; telephone
206–220–7282 email
randall.d.overton@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Multnomah County, has requested a
temporary deviation from the operating
schedule for the Broadway Bridge, mile
11.7, the Burnside Bridge, mile 12.4, the
Morrison Bridge, mile 12.8, and the
Hawthorne Bridge, mile 13.1, all
crossing the Willamette River at
Portland, OR. The requested deviation is
to accommodate the annual Providence
Bridge Pedal event. To facilitate this
event, the draws of the bridges will be
maintained in the closed-to-navigation
positions as follows: the Broadway
Bridge, mile 11.7; the Burnside Bridge,
mile 12.4; Morrison Bridge, mile 12.8;
and the Hawthorne Bridge, mile 13.1,
need not open for vessel traffic from 5
a.m. August 12, 2012 until 12:30 a.m.
August 12, 2012. Vessels which do not
require bridge openings may continue to
transit beneath these bridges during the
closure period. The Broadway Bridge,
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Rules and Regulations]
[Pages 43161-43164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17946]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0459]
RIN 1625-AA00
Special Local Regulation; San Francisco Bay Navy Fleetweek Parade
of Ships and Blue Angels Demonstration
AGENCY: Coast Guard, DHS.
ACTION: Interim rule and request for comments.
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SUMMARY: The Coast Guard is amending the special local regulation for
the San Francisco Bay Navy Fleetweek Parade of Ships and Blue Angels
Demonstration. The amendment will increase the restricted area
surrounding U.S. Navy parade vessels operating in regulated area
``Alpha'' from 200 yards to 500 yards. When the special local
regulation is activated and subject to enforcement, this rule would
limit the movement of vessels within 500 yards of any Navy parade
vessel.
DATES: This rule is effective August 23, 2012. Comments and related
material must be received by the Coast Guard on or before August 23,
2012.
Requests for public meetings must be received by the Coast Guard on
or before August 13, 2012.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2012-0459. To view documents mentioned in this preamble as
being available in the docket, go to https://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
You may submit comments identified by docket number USCG-2012-0459
using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant DeCarol Davis, U.S. Coast Guard Sector San
Francisco, Waterways Management Division; telephone 415-399-7443, email
DeCarol.A.Davis@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V.
[[Page 43162]]
Wright, Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SLR Special Local Regulation
A. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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 at
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, 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 email 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,
type the docket number (USCG-2012-0459) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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.
2. 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,
type the docket number (USCG-2012-0459) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the 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.
B. Regulatory History and Information
The special local regulation for the San Francisco Bay Navy
Fleetweek Parade of Ships and Blue Angels Demonstration (``SLR'') is
established in 33 CFR 100.1105. This rule amends section (1), paragraph
(c) of 33 CFR 100.1105 to expand the restricted area surrounding Navy
parade vessels operating in the regulated area from 200 yards to 500
yards. The reason for this amendment is that we wish to align the SLR
with the most up-to-date Coast Guard security enforcement procedures
and incorporate language that adds to the transparency of the
regulation for the public, enabling potential spectators of the San
Francisco Fleetweek events to better understand, and prepare for, the
Coast Guard's forthcoming enforcement actions.
The most recent Coast Guard security procedures, which generally
call for a 500-yard restricted area around patrolled vessels, are still
being evaluated to determine whether 500 yards can be effectively
enforced given the level of on-water activity experienced during the
San Francisco Bay Fleetweek events. During Fleetweek, there are
substantially more recreational users on the water as spectators, and
this crowding may ultimately require the Coast Guard to enforce a
perimeter that is larger or smaller than the 500 yards prescribed in
this rule. This amendment is being promulgated as an interim rule to
implement immediate security measures needed for safety during
Fleetweek events and to allow for subsequent changes to the rule should
the restricted area surrounding parade vessels need to increase or
decrease.
The Coast Guard is issuing this interim 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)(1)(B), we find that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule because publishing an NPRM would be unnecessary.
The existing SLR, which this rule intends to amend, presently
authorizes the Coast Guard to forbid and control the movement of
vessels in the regulated areas defined in 33 CFR 100.1105(b). Although
this rule amends the SLR to expand the restricted area surrounding the
Navy parade vessel, this expansion remains within the previously
defined regulated area in which the Coast Guard already has the
authority to control vessel movement. This interim rule does not expand
or contract the authorities promulgated in the existing SLR. The rule
merely amends the current SLR language to reflect the most up-to-date
Coast Guard enforcement procedures and provide the public notice of the
enforcement actions that will be implemented within the existing
regulated area. As this amendment provides the public with notice of
the Coast Guard's enforcement strategies and does not change the scope
of the SLR, we find it unnecessary to publish an NPRM.
C. Basis and Purpose
The San Francisco Bay Navy Fleetweek Parade of Ships and Blue
Angels Demonstration occurs annually in early October on the navigable
waters of San Francisco Bay in California. The SLR for these events
does not currently contain language that mirrors the
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current Coast Guard security zone enforcement procedures. Coast Guard
security zone enforcement actions require that there be an adequate
space cushion surrounding U.S. naval vessels, so that Coast Guard
enforcement assets may respond to security threats at an appropriate
distance from U.S. naval vessels to prevent injury, loss of life or
property damage. This amendment is necessary to reflect the enforcement
actions needed to provide for the safety and security of the
participating U.S. Navy parade vessels, spectators, event participants,
and other waterways users from sabotage, subversive acts, accidents,
criminal actions, or other causes of a similar nature.
The effect of this amendment will be to communicate to the public
the Coast Guard's intention to further restrict general navigation in
the vicinity of the Navy Fleetweek Parade of Ships, within the existing
regulated area, from the start of the event until the conclusion of the
event. When the special local regulation is activated, and thus subject
to enforcement, this rule would limit the movement of vessels within
500 yards of any Navy parade vessel.
D. Discussion of the Interim Rule
The Coast Guard is amending paragraph (c)(1) of 33 CFR 100.1105,
the special local regulation for the San Francisco Bay Navy Fleetweek
Parade of Ships and Blue Angels Demonstration. The amendment will
increase the restricted area surrounding U.S. Navy parade vessels
operating in regulated area ``Alpha,'' which is defined in 33 CFR
100.1105(b)(1), from 200 yards to 500 yards.
Experiences during security zone enforcement operations,
observations during boat tactics training, and discussions with
Commanding Officers/Officers in Charge and tactical coxswains from
Sector San Francisco's boat stations, has led the Coast Guard to
determine that a 200-yard (183 meters) security zone is not adequate
for protecting transiting vessels from sabotage, subversive acts,
accidents, criminal actions, or other causes of a similar nature. A 500
yard (457 meters) security zone increases reaction time, allows proper
assessment of the situation, and improves the ability of the tactical
coxswains to properly execute protective measures.
The amendment will prohibit persons or vessels from entering or
remaining within 500 yards of any Navy parade vessel.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This interim rule does
not expand or contract the authorities promulgated in the existing SLR
established in 33 CFR 100.1105. The rule merely amends the current SLR
language to reflect the most up-to-date Coast Guard enforcement
procedures and provide the public notice of the enforcement actions
that will be implemented within the existing regulated area.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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.
We expect this rule will affect the following entities, some of which
may be small entities: owners and operators of vessels intending to
fish, sightsee, transit, or anchor in the waters affected by the
regulated areas. These regulations will not have a significant economic
impact on a substantial number of small entities for several reasons:
small vessel traffic will be able to pass safely around the area and
vessels engaged in event activities, sightseeing and commercial fishing
have ample space outside of the area governed by the special local
regulations to engage in these activities. Small entities and the
maritime public will be advised of implementation of the special local
regulation via public notice to mariners or notice of implementation
published in the Federal Register.
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.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule 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.
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9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it 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.
12. Energy Effects
This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use 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.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule will increase the restricted area surrounding
U.S. Navy parade vessels operating in regulated area ``Alpha,'' which
is defined in 33 CFR 100.1105(b)(1), from 200 yards to 500 yards. This
rule is categorically excluded from further review under paragraph
34(a) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
0
1. The authority citation for part 100 continues to read as follows: 33
U.S.C. 1233.
0
2. In Sec. 100.1105 revise paragraph (c)(1) to read as follows:
Sec. 100.1105 San Francisco Bay Navy Fleetweek Parade of Ships and
Blue Angels Demonstration.
* * * * *
(c) * * *
(1) Except for persons or vessels authorized by the Coast Guard
Patrol Commander, in regulated area ``Alpha'' no person may enter or
remain within 500 yards of any Navy parade vessel. No person or vessel
shall anchor, block, loiter in, or impede the through transit of ship
parade participants or official patrol vessels in regulated area
``Alpha.''
* * * * *
Dated: July 12, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-17946 Filed 7-23-12; 8:45 am]
BILLING CODE 9110-04-P
