Sea World San Diego Fireworks 2013 Season; Mission Bay, San Diego, CA, 29025-29027 [2013-11828]

Download as PDF 29025 Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations 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 involves the amendment of safety zones listed in 33 CFR 165.1332. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3707; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 2. In § 165.1332, amend the table in paragraph (a)(1) by: ■ a. Revising the entries for ‘‘Tacoma Freedom Fair,’’ ‘‘City of Renton Fireworks,’’ ‘‘Bainbridge Island Fireworks,’’ ‘‘Brewster Fire Department Fireworks,’’ and ‘‘Port Townsend Sunrise Rotary;’’and ■ b. Adding entries for ‘‘Port Ludlow Fireworks,’’ ‘‘Boston Harbor 4th of July,’’ and ‘‘Everett 4th of July.’’ The revisions and additions read as follows: ■ § 165.1332 Safety Zones; Annual Fireworks Displays within the Captain of the Port Puget Sound Zone. (a) * * * (1) * * * Event name (typically) Event location Latitude Tacoma Freedom Fair .................... Commencement Bay .................... 47°17.103′ N ................................. 122°28.410′ W * * City of Renton Fireworks ................ * * * Renton, Lake Washington ............ 47°30.386′ N ................................. * 122°12.502′ W * * * Bainbridge Island Fireworks ........... * * * Eagle Harbor ................................ 47°37.142′ N ................................. * 122°30.397′ W * * * Brewster Fire Department Fireworks. * * * Brewster ....................................... 48°05.362′ N ................................. * 119°47.147′ W * * * Port Townsend Sunrise Rotary ...... * * * Port Townsend ............................. 48°08.413′ N ................................. * 122°45.531′ W * * * Port Ludlow Fireworks .................... Boston Harbor 4th of July .............. Everett 4th of July .......................... * * * Port Ludlow .................................. 47°55.161′ N ................................. Boston Harbor .............................. 47°08.626′ N ................................. Port Gardner ................................. 48°00.672′ N ................................. * 122°41.157′ W 122°54.149′ W 122°13.391′ W * * * * * * [FR Doc. 2013–11750 Filed 5–16–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 wreier-aviles on DSK5TPTVN1PROD with RULES [Docket No. USCG–2013–0274] RIN 1625–AA00 Sea World San Diego Fireworks 2013 Season; Mission Bay, San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: VerDate Mar<15>2010 15:13 May 16, 2013 The Coast Guard is establishing a safety zone on the navigable waters of Mission Bay in support of the Sea World San Diego Fireworks 2013 season. 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 from 8:50 p.m. on May 25, 2013, until 10 p.m. on December 31, 2013. This rule will be enforced during the time periods mentioned in the SUPPLEMENTARY INFORMATION section below. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0274]. To view documents mentioned in this preamble as being available in the docket, go to http:// SUMMARY: Dated: April 24, 2013. S. J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. Jkt 229001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Longitude 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. If you have questions on this rule, call or email Petty Officer Deborah Metzger, Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619–278–7656, email d11-pfmarineeventssandiego@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: E:\FR\FM\17MYR1.SGM 17MYR1 29026 Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information The Coast Guard is issuing this 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 publishing an NPRM would be impracticable. The Coast Guard did not receive necessary information from the event sponsor in time to publish a notice of proposed rulemaking. The event is scheduled to take place, and as such, immediate action is necessary to ensure the safety of vessels, spectators, participants, and others in 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), for the same reasons mentioned above, 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 contrary to the public interest, since immediate action is needed to ensure the public’s safety. wreier-aviles on DSK5TPTVN1PROD with RULES B. Basis and Purpose The legal basis for this temporary rule is the Ports and Waterways Safety Act which authorizes the Coast Guard to establish safety zones (33 U.S.C 1221 et seq.). Sea World is sponsoring the Sea World Fireworks, which will include a fireworks presentation from a barge in Mission Bay. This safety zone is necessary to provide for the safety of the crew, spectators, participants, and other vessels and users of the waterway. C. Discussion of the Final Rule The Coast Guard is establishing a safety zone that will be effective from 8:50 p.m. on May 25, 2013, to 10 p.m. on December 31, 2013. This rule will be enforced from 8:50 p.m. to 10 p.m. on the following evenings: May 25 through May 27, June 1, 2, 8, 9, and 13 through 30, July 1 through 31, August 1 through 18, August 23 through 25, August 31, and September 1 through 2, November 15, and December 31, 2013. VerDate Mar<15>2010 15:13 May 16, 2013 Jkt 229001 The safety zone will cover all navigable waters within 600 feet of the fireworks barge, located 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 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. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 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 determination is based on the size, location and timing of the safety zone. The safety zone will be enforced for a relatively short time, 70 minutes, late at night when vessel traffic is low. It impacts a very small area of Mission Bay, a circle about 1,200 feet in diameter. Commercial vessels will not be hindered by the safety zone. Recreational vessels can transit around the safety zone. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit or anchor in a portion of Mission Bay between 8:50 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 p.m. on May 25, 2013, and 10 p.m. on December 31, 2013. This rule will be enforced from 8:50 p.m. to 10 p.m. on the following evenings; May 25 through May 27, June 1, 2, 8, 9, and 13 through 30, July 1 through 31, August 1 through 18, August 23 through 25, August 31, and September 1 through 2, November 15, and December 31, 2013. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: The safety zone will only be in effect for one hour and 10 minutes late in the evening when vessel traffic is low. It impacts a very small area of Mission Bay, a circle about 1,200 feet in diameter. Vessel traffic can transit safely around the safety zone. 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. 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. 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 E:\FR\FM\17MYR1.SGM 17MYR1 Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Rules and Regulations 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 will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 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. wreier-aviles on DSK5TPTVN1PROD with RULES 10. 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. 11. 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order VerDate Mar<15>2010 15:13 May 16, 2013 Jkt 229001 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 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 involves establishment of a temporary safety zone. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. 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: 29027 evenings; May 25 through May 27, June 1, 2, 8, 9, and 13 through 30, July 1 through 31, August 1 through 18, August 23 through 25, August 31, and September 1 through 2, November 15, and December 31, 2013. (c) Definitions. The following definition applies to this section: designated representative means any commissioned, warrant, or petty officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state, or 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 general regulations in 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 Diego or his designated representative. (2) Mariners requesting permission to transit through the safety zone may request authorization to do so from the Sector San Diego Command Center. The Command Center 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 his 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 30, 2013. S. M. Mahoney, Captain, United States Coast Guard, Captain of the Port San Diego. [FR Doc. 2013–11828 Filed 5–16–13; 8:45 am] BILLING CODE 9110–04–P ■ 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.T11–560 to read as follows: ■ § 165.T11–560 Safety Zone; Sea World San Diego Fireworks 2013 Season, Mission Bay; San Diego, CA. (a) Location. The safety zone will include the area within 600 feet of the fireworks barge in approximate position 32°46′03″ N, 117°13′11″ W. (b) Enforcement period. This rule will be enforced from 8:50 p.m. on May 25, 2013 to 10 p.m. on December 31, 2013. This rule will be enforced from 8:50 p.m. to 10 p.m. on the following PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2013–0044 (a); FRL–9814–5 ] Approval and Promulgation of Implementation Plans; Tennessee; Transportation Conformity Revisions Environmental Protection Agency. ACTION: Direct final rule. AGENCY: EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), SUMMARY: E:\FR\FM\17MYR1.SGM 17MYR1

Agencies

[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29025-29027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11828]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0274]
RIN 1625-AA00


Sea World San Diego Fireworks 2013 Season; Mission Bay, San 
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of Mission Bay in support of the Sea World San Diego Fireworks 
2013 season. 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 from 8:50 p.m. on May 25, 2013, until 10 
p.m. on December 31, 2013. This rule will be enforced during the time 
periods mentioned in the SUPPLEMENTARY INFORMATION section below.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0274]. To view documents mentioned in this preamble as being 
available in the docket, go to http://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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Deborah Metzger, Waterways Management, U.S. 
Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, 
email d11-pf-marineeventssandiego@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

[[Page 29026]]

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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 publishing an NPRM would be 
impracticable. The Coast Guard did not receive necessary information 
from the event sponsor in time to publish a notice of proposed 
rulemaking. The event is scheduled to take place, and as such, 
immediate action is necessary to ensure the safety of vessels, 
spectators, participants, and others in 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), for the same reasons mentioned above, 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 contrary to the public interest, since 
immediate action is needed to ensure the public's safety.

B. Basis and Purpose

    The legal basis for this temporary rule is the Ports and Waterways 
Safety Act which authorizes the Coast Guard to establish safety zones 
(33 U.S.C 1221 et seq.).
    Sea World is sponsoring the Sea World Fireworks, which will include 
a fireworks presentation from a barge in Mission Bay. This safety zone 
is necessary to provide for the safety of the crew, spectators, 
participants, and other vessels and users of the waterway.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone that will be 
effective from 8:50 p.m. on May 25, 2013, to 10 p.m. on December 31, 
2013. This rule will be enforced from 8:50 p.m. to 10 p.m. on the 
following evenings: May 25 through May 27, June 1, 2, 8, 9, and 13 
through 30, July 1 through 31, August 1 through 18, August 23 through 
25, August 31, and September 1 through 2, November 15, and December 31, 
2013.
    The safety zone will cover all navigable waters within 600 feet of 
the fireworks barge, located in approximate position 32[deg]46'03'' N, 
117[deg]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 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.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

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 determination is 
based on the size, location and timing of the safety zone. The safety 
zone will be enforced for a relatively short time, 70 minutes, late at 
night when vessel traffic is low. It impacts a very small area of 
Mission Bay, a circle about 1,200 feet in diameter. Commercial vessels 
will not be hindered by the safety zone. Recreational vessels can 
transit around the safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in a portion of Mission Bay between 8:50 p.m. on May 25, 
2013, and 10 p.m. on December 31, 2013. This rule will be enforced from 
8:50 p.m. to 10 p.m. on the following evenings; May 25 through May 27, 
June 1, 2, 8, 9, and 13 through 30, July 1 through 31, August 1 through 
18, August 23 through 25, August 31, and September 1 through 2, 
November 15, and December 31, 2013.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
safety zone will only be in effect for one hour and 10 minutes late in 
the evening when vessel traffic is low. It impacts a very small area of 
Mission Bay, a circle about 1,200 feet in diameter. Vessel traffic can 
transit safely around the safety zone.

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.
    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.

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

[[Page 29027]]

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 will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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

    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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

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 involves establishment of a temporary safety 
zone. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES.

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.T11-560 to read as follows:


Sec.  165.T11-560  Safety Zone; Sea World San Diego Fireworks 2013 
Season, Mission Bay; San Diego, CA.

    (a) Location. The safety zone will include the area within 600 feet 
of the fireworks barge in approximate position 32[deg]46'03'' N, 
117[deg]13'11'' W.
    (b) Enforcement period. This rule will be enforced from 8:50 p.m. 
on May 25, 2013 to 10 p.m. on December 31, 2013. This rule will be 
enforced from 8:50 p.m. to 10 p.m. on the following evenings; May 25 
through May 27, June 1, 2, 8, 9, and 13 through 30, July 1 through 31, 
August 1 through 18, August 23 through 25, August 31, and September 1 
through 2, November 15, and December 31, 2013.
    (c) Definitions. The following definition applies to this section: 
designated representative means any commissioned, warrant, or petty 
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, 
local, state, or 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 general regulations in 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 Diego or his designated representative.
    (2) Mariners requesting permission to transit through the safety 
zone may request authorization to do so from the Sector San Diego 
Command Center. The Command Center 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 his 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 30, 2013.
S. M. Mahoney,
Captain, United States Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-11828 Filed 5-16-13; 8:45 am]
BILLING CODE 9110-04-P