Safety Zone; Coronado Fourth of July Fireworks, Glorietta Bay; Coronado, CA, 36656-36658 [2013-14559]
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36656
Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Rules and Regulations
raised. Vessels that can transit the
bridge, while in the closed-to-navigation
position, may continue to do so at any
time.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: June 7, 2013.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2013–14555 Filed 6–18–13; 8:45 am]
BILLING CODE 9110–04–P
If
you have questions on this rule, call or
email Lieutenant John Bannon, Chief of
Waterways, U.S. Coast Guard Sector San
Diego, Coast Guard; telephone 619–278–
7261, email John.E.Bannon@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0301]
RIN 1625–AA00
Safety Zone; Coronado Fourth of July
Fireworks, Glorietta Bay; Coronado,
CA
Coast Guard, DHS.
Temporary Final Rule.
AGENCY:
tkelley on DSK3SPTVN1PROD with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
upon the navigable waters of Glorietta
Bay for the Coronado Fourth of July
Fireworks on July 4, 2013. This
temporary safety zone is a modification
of an existing permanent safety zone,
made due to a change in location of the
fireworks barge. The safety zone is
necessary to provide for the safety of the
crew, spectators, and other users and
vessels of the waterway and is the direct
result of ongoing event planning with
the Coast Guard and event stakeholders.
DATES: This rule is effective from 8:45
p.m. to 10:00 p.m. on July 4, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0301. 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.
VerDate Mar<15>2010
16:08 Jun 18, 2013
Jkt 229001
The Coast Guard published a Notice
of Proposed Rulemaking (NPRM) on
May 17, 2013 (78 FR 29094), that
highlighted the movement of the
fireworks barge and intention to notify
the public of the change from the
existing permanent annual one-day
safety zone listed in 33 CFR 165.1123.
We received no comments on this
proposed rule. In addition, the Coast
Guard has not received a request for a
public meeting.
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. The fireworks are planned for
July 4, 2013, so a 30-day delay would
be impracticable. Earlier
implementation is needed to ensure the
safety zone is in place to protect
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway during the
event.
B. Basis and Purpose
The Ports and Waterways Safety Act
gives the Coast Guard authority to create
and enforce safety zones. The Coast
Guard is establishing a temporary safety
zone modification to a recurring safety
zone listed in 33 CFR § 165.1123 for this
annual event on the navigable waters of
Glorietta Bay in support of a fireworks
show sponsored by the City of
Coronado. This event will occur
between 8:45 p.m. and 10 p.m. on July
4, 2013. The safety zone will include all
navigable waters within 800 feet of the
fireworks barge located in approximate
position: 32°40′41.0″ N, 117°10′7.4″ W.
This temporary safety zone is necessary
to provide for the safety of the crew,
spectators, and participants of the event,
participating vessels, and other vessels
and users of the waterway.
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Fmt 4700
Sfmt 4700
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard has previously
established a permanent safety zone in
33 CFR 165.1123 table for this annual
event. A NPRM was made to notify the
public that the regulated area has been
moved 100-yards to the north from
location noted in 33 CFR 165.1123. This
change was made in consultation with
event stakeholders to help mitigate
environmental concerns. No concerns
for this event were made on the docket.
D. 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.
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 small size, and limited duration of
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.
(1) 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
specified portions of Glorietta Bay from
8:45 p.m. to 10 p.m. on July 4, 2013.
(2) This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This one day
safety zone will only be in effect for one
hour and fifteen minutes late in the
evening when vessel traffic is low.
Vessel traffic can transit safely around
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Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Rules and Regulations
the safety zone while the zone is in
effect.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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).
tkelley on DSK3SPTVN1PROD with RULES
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
16:08 Jun 18, 2013
Jkt 229001
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
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.
VerDate Mar<15>2010
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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
PO 00000
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Fmt 4700
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36657
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. 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 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.T11–564 to read as
follows:
■
§ 165.T11–564 Safety Zone; Coronado
Fourth of July Fireworks, Glorietta Bay;
Coronado, CA
(a) Location. This rule establishes a
temporary safety zone. This safety zone
will include all navigable waters within
800 feet of the fireworks barge located
in Glorietta Bay in approximate
position: 32°40′41.0″ N, 117°10′7.4″ W.
(b) Enforcement Period. This section
will be enforced from 8:45 p.m. to 10
p.m. on July 4, 2013. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative, means any
commissioned, warrant, or petty officer
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.
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Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Rules and Regulations
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated representative.
(2) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(3) 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.
(4) The Coast Guard may be assisted
by other federal, state, or local agencies.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Veronica Smith, Chief
Waterways Management, Sector
Delaware Bay, U.S. Coast Guard;
telephone (215) 271–4851, email
veronica.l.smith@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:
Dated: June 3, 2013.
S. M. Mahoney,
Captain, U. S. Coast Guard, Captain of the
Port San Diego.
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2013–14559 Filed 6–18–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0496]
RIN 1625–AA00
Safety Zone; Delaware River
Waterfront Corp. Fireworks Display,
Delaware River; Camden, NJ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
tkelley on DSK3SPTVN1PROD with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the Delaware River in Camden, NJ. The
safety zone will restrict vessel traffic on
a portion of the Delaware River from
operating while a fireworks event is
taking place. This temporary safety zone
is necessary to protect the surrounding
public and vessels from the hazards
associated with a fireworks display.
DATES: This rule is effective on June 19,
2013, from 9 p.m. until 10:10 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0496]. 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.
VerDate Mar<15>2010
16:08 Jun 18, 2013
Jkt 229001
Table of Acronyms
A. Regulatory History and 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)
because it is impracticable. Publishing
an NPRM is impracticable given that the
final details for this event were not
received by the Coast Guard with
sufficient time for a notice and comment
period to run before the start of the
event. Immediate action is necessary to
provide for the safety of life and
property in the navigable water, thus,
delaying this rule to wait for a notice
and comment period to run would be
impracticable and would inhibit the
Coast Guard’s ability to protect the
public from the hazards associated with
maritime fireworks displays.
Under 5 U.S.C. 553(d)(3), for the same
reasons discussed earlier, 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 establishment of
the safety zone is impracticable and
contrary to the public interest, and
could result in mariners approaching
the fireworks location, creating a
hazardous scenario with potential for
loss of life and property.
B. Basis and Purpose
On the evening of June 19, 2013,
fireworks will be launched from a barge
with a fall out zone that covers part of
the Delaware River. Delaware River
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Fmt 4700
Sfmt 4700
Waterfront Corp. has contracted with
Pyrotecnico Fireworks to arrange for
this display. The Captain of the Port,
Sector Delaware Bay, has determined
that the Delaware River Waterfront
Corp. Fireworks Display will pose
significant risks to the public. The
purpose of the rule is to promote public
and maritime safety during a fireworks
display, and to protect mariners
transiting the area from the potential
hazards associated with a fireworks
display, such as accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. This
rule is needed to ensure safety on the
waterway during the event.
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Pub. L. 107–295, 116
Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to establish and define
regulatory safety zones.
C. Discussion of the Final Rule
To mitigate the risks associated with
the Delaware River Waterfront Corp.
Fireworks Display, the Captain of the
Port, Sector Delaware Bay will enforce
a temporary safety zone in the vicinity
of the launch site. The safety zone will
encompass all waters of the Delaware
River within a 350 yard radius of the
fireworks launch platform in
approximate position 39°57′00.67″ N,
075°07′57.77″ W in Camden, NJ. The
safety zone will be effective and
enforced from 9 p.m. to 10:10 p.m. on
June 19, 2013. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Delaware
Bay, or her on-scene representative. The
Captain of the Port, Sector Delaware
Bay, or her on-scene representative may
be contacted via VHF channel 16.
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
E:\FR\FM\19JNR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Rules and Regulations]
[Pages 36656-36658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14559]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0301]
RIN 1625-AA00
Safety Zone; Coronado Fourth of July Fireworks, Glorietta Bay;
Coronado, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final Rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone upon
the navigable waters of Glorietta Bay for the Coronado Fourth of July
Fireworks on July 4, 2013. This temporary safety zone is a modification
of an existing permanent safety zone, made due to a change in location
of the fireworks barge. The safety zone is necessary to provide for the
safety of the crew, spectators, and other users and vessels of the
waterway and is the direct result of ongoing event planning with the
Coast Guard and event stakeholders.
DATES: This rule is effective from 8:45 p.m. to 10:00 p.m. on July 4,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0301. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant John Bannon, Chief of Waterways, U.S. Coast
Guard Sector San Diego, Coast Guard; telephone 619-278-7261, email
John.E.Bannon@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. 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
A. Regulatory History and Information
The Coast Guard published a Notice of Proposed Rulemaking (NPRM) on
May 17, 2013 (78 FR 29094), that highlighted the movement of the
fireworks barge and intention to notify the public of the change from
the existing permanent annual one-day safety zone listed in 33 CFR
165.1123. We received no comments on this proposed rule. In addition,
the Coast Guard has not received a request for a public meeting.
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. The fireworks are planned for July
4, 2013, so a 30-day delay would be impracticable. Earlier
implementation is needed to ensure the safety zone is in place to
protect participants, crew, spectators, participating vessels, and
other vessels and users of the waterway during the event.
B. Basis and Purpose
The Ports and Waterways Safety Act gives the Coast Guard authority
to create and enforce safety zones. The Coast Guard is establishing a
temporary safety zone modification to a recurring safety zone listed in
33 CFR Sec. 165.1123 for this annual event on the navigable waters of
Glorietta Bay in support of a fireworks show sponsored by the City of
Coronado. This event will occur between 8:45 p.m. and 10 p.m. on July
4, 2013. The safety zone will include all navigable waters within 800
feet of the fireworks barge located in approximate position:
32[deg]40'41.0'' N, 117[deg]10'7.4'' W. This temporary safety zone is
necessary to provide for the safety of the crew, spectators, and
participants of the event, participating vessels, and other vessels and
users of the waterway.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard has previously established a permanent safety zone
in 33 CFR 165.1123 table for this annual event. A NPRM was made to
notify the public that the regulated area has been moved 100-yards to
the north from location noted in 33 CFR 165.1123. This change was made
in consultation with event stakeholders to help mitigate environmental
concerns. No concerns for this event were made on the docket.
D. 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.
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 small size, and limited duration of 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.
(1) 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 specified portions of Glorietta Bay from 8:45 p.m.
to 10 p.m. on July 4, 2013.
(2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons: This
one day safety zone will only be in effect for one hour and fifteen
minutes late in the evening when vessel traffic is low. Vessel traffic
can transit safely around
[[Page 36657]]
the safety zone while the zone is in effect.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 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 an 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. 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
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.T11-564 to read as follows:
Sec. 165.T11-564 Safety Zone; Coronado Fourth of July Fireworks,
Glorietta Bay; Coronado, CA
(a) Location. This rule establishes a temporary safety zone. This
safety zone will include all navigable waters within 800 feet of the
fireworks barge located in Glorietta Bay in approximate position:
32[deg]40'41.0'' N, 117[deg]10'7.4'' W.
(b) Enforcement Period. This section will be enforced from 8:45
p.m. to 10 p.m. on July 4, 2013. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, or petty
officer 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.
[[Page 36658]]
(d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(3) 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.
(4) The Coast Guard may be assisted by other federal, state, or
local agencies.
Dated: June 3, 2013.
S. M. Mahoney,
Captain, U. S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-14559 Filed 6-18-13; 8:45 am]
BILLING CODE 9110-04-P
