Security Zone; Naval Exercise; Pacific Ocean, Coronado, CA, 37971-37973 [2013-15162]
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Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
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
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. Add § 165.T13–249 to read as
follows:
■
§ 165.T13–249 Safety Zone; South Park
Bridge Construction, Lower Duwamish
Waterway, Seattle, WA.
(a) Location. The following area is
designated as a safety zone: All waters
on the Lower Duwamish Waterway
within 250 yards of the South Park
Bridge located by the following points:
47° 31′45.4″ N, 122° 18′51.2″ W.
(b) Regulations. In accordance with
the general regulations in 33 CFR 165,
Subpart C, vessels wishing to enter the
zone must request permission for entry
by contacting the Joint Harbor Operation
Center at 206–217–6001 or the on-scene
patrol craft on VHF–FM CH13. Once
permission for entry is granted vessels
must proceed at a minimum speed for
safe navigation.
(c) This rule is effective from 7 a.m.
on July 29, 2013, to 12 p.m. on August
2, 2013, unless cancelled sooner by the
Captain of the Port.
tkelley on DSK3SPTVN1PROD with RULES
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0482]
RIN 1625–AA87
Security Zone; Naval Exercise; Pacific
Ocean, Coronado, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
in the vicinity of Naval Anchorage 172,
offshore of Silver Strand Beach,
Coronado, CA. This security zone is to
restrict vessels to a 1000 yard exclusion
zone and a 1500 yard minimum speed
zone from an anchored naval high value
unit vessel during a Naval exercise,
which will be conducted by the United
States Navy. This temporary security
zone is necessary to protect the public
from the hazards associated with this
evolution.
SUMMARY:
Harbors, Marine Safety, Navigation
(water), Reporting and Record Keeping
Requirements, Security Measures,
Waterways.
Dated: June 4, 2013.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
DEPARTMENT OF HOMELAND
SECURITY
This rule will be enforced with
actual notice from 12:01 a.m. on June 8,
2013, until June 25, 2013. This rule is
effective in the Code of Federal
Regulations from June 25, 2013, until
11:59 p.m. on July 3, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0482]. 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
Waterways Management, U.S. Coast
Guard Sector San Diego; Coast Guard;
telephone 619–278–7267, email
John.E.Bannon@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:
DATES:
[FR Doc. 2013–15098 Filed 6–24–13; 8:45 am]
Table of Acronyms
BILLING CODE 9110–04–P
DHS
VerDate Mar<15>2010
16:29 Jun 24, 2013
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Department of Homeland Security
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37971
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 an
NPRM would have been impracticable.
Logistical details surrounding this
exercise were not finalized nor
presented to the Coast Guard in time to
draft and publish an NPRM as well as
the sensitive nature of the cargo handled
and security of a national high value
unit and not alerting the public in
greater detail to the exercise dates,
times, and location.
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. An NPRM would be
impracticable and contrary to the public
interest because details of this exercise
were not known in time and immediate
action is needed to ensure public safety
due to the nature of the operation.
B. Basis and Purpose
The United States Navy will lead a
naval exercise offshore of Silver Strand,
Coronado at Naval Anchorage 172. This
temporary security zone is necessary to
ensure non-authorized vessels remain
safely away from naval operations by
keeping clear of the restricted area
during the proposed 26-day exercise.
The Naval Vessel Protection Zone
provides for security of naval vessels,
however an increased secure zone is
necessary due to the nature of the
operation. Should operations end before
the final proposed exercise date, the
temporary security will end also.
C. Discussion of the Final Rule
The Coast Guard is establishing this
temporary security zone that would be
enforced from 12:01 a.m. on June 8,
2013, through 11:59 p.m. on July 3,
2013. The limits of the security zone
will encompass all waters within a 1000
yard exclusion zone and a 1500 yard
minimum speed zone from the United
States Naval vessels. This security zone
is necessary to ensure non-authorized
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25JNR1
37972
Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations
personnel and vessels remain safe by
keeping clear of the hazardous area
during the naval operations. Persons
and vessels are prohibited from entering
into, transiting through, or anchoring
within this security 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.
tkelley on DSK3SPTVN1PROD with RULES
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. We expect the economic impact
of this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the
size and location of the security zone.
Recreational vessels will not be allowed
to transit through the designated
security zone during the specified times,
however ample space to maneuver and
use the waterway around the anchorage
zone exists. This portion of the
waterway is administered by the U.S.
Navy for anchorage use and naval
exercises are historically common in the
vicinity of shoreside Naval bases. The
limited access area will only be
enforced as long as the operation is
ongoing. Should operations end before
the final proposed exercise date, the
temporary security will end also.
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.
Vessel traffic can pass safely around the
security zone.
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16:29 Jun 24, 2013
Jkt 229001
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
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
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
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
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Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a temporary security
zone to support the security of a naval
vessel. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A Categorical
Exclusion Determination and
environmental checklist 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
San Diego or the designated U.S. Navy
representative.
(2) Mariners requesting permission to
transit through the security zone may
request authorization to do so from the
Naval Vessel at anchorage, U.S. Naval
security team or from the Coast Guard
Sector San Diego Joint Harbor
Operations Center.
(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. The Coast Guard may be
assisted by other federal, state, or local
agencies.
Dated: June 7, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2013–15162 Filed 6–24–13; 8:45 am]
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T11–577 to
read as follows:
■
tkelley on DSK3SPTVN1PROD with RULES
Change of Address for Region 7;
Technical Correction
(a) Location. The limits of the security
zone will encompass all waters within
a 1000 yard exclusion zone and a 1500
yard minimum speed zone from the
United States Naval vessels at the Naval
Anchorage 172 approximate position:
32°38′30.8″ N, 117°11′30.0″ W.
(b) Enforcement Period. This section
will be enforced from 12:01 a.m. on June
8, 2013 through 11:59 p.m. on July 3,
2013. If the operation is concluded prior
to the scheduled termination time, the
Captain of the Port will cease
enforcement of this security 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 officers
of the Coast Guard, Coast Guard
Auxiliary, and local, state, and federal
law enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this
security zone is prohibited unless
authorized by the Captain of the Port of
16:29 Jun 24, 2013
Jkt 229001
40 CFR Parts 1, 2, 21, 35, 52, 59, 60,
61, 62, 63, 65, 82, 147, 282, 374, 707,
and 763
[EPA–R07–OAR–2013–0410; FRL–9825–5]
§ 165.T11–577 Security Zone; Naval
Exercise; Pacific Ocean, Coronado, CA.
VerDate Mar<15>2010
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendment.
AGENCY:
EPA is amending its
regulations to reflect a change in
address for EPA’s Region 7 office. This
action is editorial in nature and is
intended to provide accuracy and clarity
to the Agency’s regulations.
DATES: This final rule is effective June
25, 2013.
FOR FURTHER INFORMATION CONTACT: Jan
Simpson, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at (913) 551–
7089, or by email at
simpson.jan@epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
EPA is amending its regulations in 40
CFR parts 1, 2, 21, 35, 52, 59, 60, 61, 62,
63, 65, 82, 147, 282, 374, 707 and 763
to reflect a change in the address for
EPA’s Region 7 office. This technical
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37973
amendment merely updates and corrects
the address for EPA’s Region 7 office.
EPA has determined that today’s rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the thirty day delayed
effective date otherwise provided for in
the APA). Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the address for
Region 7 has changed and immediate
notice in the CFR benefits the public by
updating citations.
II. Statutory and Executive Order
Reviews
This final rule implements technical
amendments to 40 CFR parts 1, 2, 21,
35, 52, 59, 60, 61, 62, 63, 65, 82, 147,
282, 374, 707 and 763 to reflect a change
in the address for EPA’s Region 7 office.
It does not otherwise impose or amend
any requirements. Consequently, under
Executive Order 12866 (58 FR 51735,
October 4, 1993), this action is not a
‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. The
rule would not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Because this
action is merely editorial in nature, the
Administrator certifies that it would not
have a significant economic impact on
a substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The rule does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This action does not have Federalism
implications because it would not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). Additionally, it does
not have Tribal implications 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
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Agencies
[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Rules and Regulations]
[Pages 37971-37973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15162]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0482]
RIN 1625-AA87
Security Zone; Naval Exercise; Pacific Ocean, Coronado, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone in
the vicinity of Naval Anchorage 172, offshore of Silver Strand Beach,
Coronado, CA. This security zone is to restrict vessels to a 1000 yard
exclusion zone and a 1500 yard minimum speed zone from an anchored
naval high value unit vessel during a Naval exercise, which will be
conducted by the United States Navy. This temporary security zone is
necessary to protect the public from the hazards associated with this
evolution.
DATES: This rule will be enforced with actual notice from 12:01 a.m. on
June 8, 2013, until June 25, 2013. This rule is effective in the Code
of Federal Regulations from June 25, 2013, until 11:59 p.m. on July 3,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0482]. 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 Waterways Management, U.S.
Coast Guard Sector San Diego; Coast Guard; telephone 619-278-7267,
email John.E.Bannon@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:
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 an NPRM would have been
impracticable. Logistical details surrounding this exercise were not
finalized nor presented to the Coast Guard in time to draft and publish
an NPRM as well as the sensitive nature of the cargo handled and
security of a national high value unit and not alerting the public in
greater detail to the exercise dates, times, and location.
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. An NPRM would be impracticable and
contrary to the public interest because details of this exercise were
not known in time and immediate action is needed to ensure public
safety due to the nature of the operation.
B. Basis and Purpose
The United States Navy will lead a naval exercise offshore of
Silver Strand, Coronado at Naval Anchorage 172. This temporary security
zone is necessary to ensure non-authorized vessels remain safely away
from naval operations by keeping clear of the restricted area during
the proposed 26-day exercise. The Naval Vessel Protection Zone provides
for security of naval vessels, however an increased secure zone is
necessary due to the nature of the operation. Should operations end
before the final proposed exercise date, the temporary security will
end also.
C. Discussion of the Final Rule
The Coast Guard is establishing this temporary security zone that
would be enforced from 12:01 a.m. on June 8, 2013, through 11:59 p.m.
on July 3, 2013. The limits of the security zone will encompass all
waters within a 1000 yard exclusion zone and a 1500 yard minimum speed
zone from the United States Naval vessels. This security zone is
necessary to ensure non-authorized
[[Page 37972]]
personnel and vessels remain safe by keeping clear of the hazardous
area during the naval operations. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this
security 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. We expect the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
is unnecessary.
This determination is based on the size and location of the
security zone. Recreational vessels will not be allowed to transit
through the designated security zone during the specified times,
however ample space to maneuver and use the waterway around the
anchorage zone exists. This portion of the waterway is administered by
the U.S. Navy for anchorage use and naval exercises are historically
common in the vicinity of shoreside Naval bases. The limited access
area will only be enforced as long as the operation is ongoing. Should
operations end before the final proposed exercise date, the temporary
security will end also.
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. Vessel traffic can pass safely around the security
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 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
[[Page 37973]]
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves the
establishment of a temporary security zone to support the security of a
naval vessel. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A
Categorical Exclusion Determination and environmental checklist are
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T11-577 to read as follows:
Sec. 165.T11-577 Security Zone; Naval Exercise; Pacific Ocean,
Coronado, CA.
(a) Location. The limits of the security zone will encompass all
waters within a 1000 yard exclusion zone and a 1500 yard minimum speed
zone from the United States Naval vessels at the Naval Anchorage 172
approximate position: 32[deg]38'30.8'' N, 117[deg]11'30.0'' W.
(b) Enforcement Period. This section will be enforced from 12:01
a.m. on June 8, 2013 through 11:59 p.m. on July 3, 2013. If the
operation is concluded prior to the scheduled termination time, the
Captain of the Port will cease enforcement of this security 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
officers of the Coast Guard, Coast Guard Auxiliary, and local, state,
and federal law enforcement vessels who have been authorized to act on
the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit through or anchoring
within this security zone is prohibited unless authorized by the
Captain of the Port of San Diego or the designated U.S. Navy
representative.
(2) Mariners requesting permission to transit through the security
zone may request authorization to do so from the Naval Vessel at
anchorage, U.S. Naval security team or from the Coast Guard Sector San
Diego Joint Harbor Operations Center.
(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. The Coast Guard may be assisted by other
federal, state, or local agencies.
Dated: June 7, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-15162 Filed 6-24-13; 8:45 am]
BILLING CODE 9110-04-P