Safety Zone; Big Bay Boom, San Diego Bay; San Diego, CA, 39610-39613 [2013-15828]
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Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations
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.
emcdonald on DSK67QTVN1PROD with RULES
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.
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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 the
establishment of a safety zone and,
therefore it 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 parts 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, 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.T09–0541 to read as
follows:
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port, Lake Michigan or
his designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Lake Michigan or his designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port,
Lake Michigan to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Lake
Michigan or his on-scene representative
to obtain permission to do so. The
Captain of the Port, Lake Michigan or
his on-scene representative may be
contacted via VHF Channel 16.
Vessel operators given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the Captain of the Port, Lake
Michigan, or his on-scene
representative.
Dated: June 21, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2013–15837 Filed 7–1–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0059]
RIN 1625–AA00
■
§ 165.T09–0541 Safety Zone; Summer in
the City Water Ski Show; Fox River, Green
Bay, WI.
(a) Location. All waters of the Fox
River in Green Bay, WI from the
Highway 141 Bridge in position
44°31′5.7″ N 88°0′54.7″ W to the West
Walnut Street Bridge in position
44°30′54.3″ N 88°1′5.3″ W (NAD 83).
(b) Effective and Enforcement Period.
This rule is effective from 6 p.m. on July
10, 2013 until 7:30 p.m. on August 28,
2013. This rule will be enforced from 6
p.m. until 6:30 p.m., and again from 7
p.m. until 7:30 p.m. on each day of July
10, 17, 24, 31, and August 7, 14, 21, and
28, 2013.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
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Safety Zone; Big Bay Boom, San Diego
Bay; San Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing four temporary safety zones
upon the navigable waters of the San
Diego Bay for the annual Port of San
Diego Fourth of July Big Bay Boom
Fireworks display on the evening of July
4, 2013. These temporary safety zones
are necessary to provide for the safety of
the crew, spectators, and other users
and vessels of the waterway. Persons
and vessels are prohibited from entering
into, transiting through, or anchoring
within these temporary safety zones
unless authorized by the Captain of the
Port or his designated representative.
SUMMARY:
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Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations
This rule is effective from 8:45
p.m. to 10 p.m. on July 4, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0059. 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
d11marineeventssd@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:
Table of Acronyms
emcdonald on DSK67QTVN1PROD with RULES
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule after publishing a
Notice of Proposed Rulemaking (NPRM)
on May 20, 2013 (78 FR 29289). The
Coast Guard received no comments on
that NPRM and as such, no changes
have been made to this safety zone.
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 because it is impracticable and
contrary to the public interest. The
Coast Guard did not have the necessary
event information about this fireworks
display in time to provide both a
comment period and allow for a 30 day
delayed effective date. The Coast Guard
was able to take comments on this safety
zone prior to publication and
enforcement. Immediate action is
required 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
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and enforce safety zones. The Coast
Guard is establishing four temporary
safety zones on the navigable waters of
the San Diego Bay for the Fourth of July
Big Bay Boom. This event will occur
between 8:45 p.m. and 10 p.m. on July
4, 2013. The safety zones will include
all navigable waters within 1,000 feet of
each tug and barge. The tugs and barges
will be located in the following
approximate positions:
Shelter Island Barge: 32°42.8′ N,
117°13.2′ W
Harbor Island Barge: 32°43.3′ N,
117°12.0′ W
Embarcadero Barge: 32°42.9′ N,
117°10.8′ W
Seaport Village Barge: 32°42.2′ N,
117°10.0′ W
These temporary safety zones are
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 received 0 comments
on the NPRM for this rule and as such,
no changes have been made to the final
rule.
The Coast Guard is establishing safety
zones that will be enforced from 8:45
p.m. until 10 p.m. on July 4, 2013.
These safety zones are necessary to
provide for the safety of the crews,
spectators, participants, and other
vessels and users of the waterway.
Persons and vessels would be
prohibited from entering into, transiting
through, or anchoring within this safety
zone unless authorized by the Captain
of the Port, or his designated
representative. The temporary safety
zones include a portion of waters in the
San Diego Bay.
Before the effective period, the Coast
Guard will publish a Coast Guard
District Eleven Local Notice to Mariners
information on the event and associated
safety zones. Immediately before and
during the fireworks display, Coast
Guard Sector San Diego Joint Harbor
Operations Center will issue Broadcast
Notice to Mariners on the location and
enforcement of the safety zones.
Vessels will be able to transit the
surrounding area and may be authorized
to transit through the safety zones with
the permission of the Captain of the Port
or the designated representative. Before
activating the zones, the Coast Guard
will notify mariners by appropriate
means including but not limited to
Local Notice to Mariners and Broadcast
Notice to Mariners.
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39611
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This determination is based on
the size, duration and location of the
safety zones. The safety zones are
relatively small in size, less than half a
mile across, and short in duration, 75
minutes long. Although the safety zones
would apply to multiple parts of San
Diego Bay, traffic would be allowed to
pass through the zone with the
permission of the Captain of the Port.
Additionally, before the effective
period, the Coast Guard will publish a
Local Notice to Mariners.
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 San Diego 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: The 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 the safety zones
while the zones are in effect.
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Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations
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.
emcdonald on DSK67QTVN1PROD 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
INTFORMATION 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
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16:51 Jul 01, 2013
Jkt 229001
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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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:
■
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 § 165.T11–548 to read as
follows:
■
§ 165.T11–548 Safety Zone; Big Bay Boom,
San Diego Bay; San Diego, CA.
(a) Location. This rule establishes four
temporary safety zones. The safety
zones will include all navigable waters
within 1,000 feet each tug and barge
site. The tug and barge sites will be
located in the following approximate
positions:
Shelter Island Barge: 32°42.8′ N,
117°13.2′ W
Harbor Island Barge: 32°43.3′ N,
117°12.0′ W
Embarcadero Barge: 32°42.9′ N,
117°10.8′ W
Seaport Village Barge: 32°42.2′ N,
117°10.0′ 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
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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 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 21, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2013–15828 Filed 7–1–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 690
[Docket ID ED–2012–OPE–0006]
RIN 1840–AD11
Federal Pell Grant Program
Office of Postsecondary
Education, Department of Education.
ACTION: Final rule.
AGENCY:
The Secretary adopts as final,
without change, the interim final rule
published on May 2, 2012, that
amended regulations for the Federal Pell
Grant program, to prohibit a student
from receiving two consecutive Federal
Pell Grants in a single award year. The
final amendments implement provisions
of the Higher Education Act of 1965
(HEA), as amended by the Department
of Defense and Full-Year Continuing
Appropriations Act, 2011.
DATES: Effective July 2, 2013.
FOR FURTHER INFORMATION CONTACT:
Jacquelyn C. Butler, U.S. Department of
Education, Office of Postsecondary
Education, 1990 K Street NW., Room
8053, Washington, DC 20006–8542.
Telephone: (202) 502–7890.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or compact disc) on request
to the program contact person listed
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
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under FOR FURTHER INFORMATION
CONTACT.
On May 2,
2012, the Secretary published an
interim final rule in the Federal
Register (77 FR 25893), corrected on
July 11, 2012 (77 FR 40805),
implementing provisions of the Higher
Education Act of 1965 (HEA), as
amended by the Department of Defense
and Full-Year Continuing
Appropriations Act, 2011, Public Law
112–10, § 1860(a)(2), 125 Stat. 169–70
(2011).
In the interim final rule, the
Secretary—
• Delineated the conditions for
calculating a Federal Pell Grant for a
payment period (77 FR 25894);
• Removed the provision for
awarding Federal Pell Grant payments
from two Scheduled Awards (77 FR
25894);
• Specified when an institution may
assign a crossover payment period that
occurs over two award years (77 FR
25894);
• Specified when an institution may
pay a transfer student attending more
than one institution during an award
year (77 FR 25894); and
• Removed regulations that
established procedures for awarding a
student his or her second Scheduled
Award in an award year (77 FR 25895).
The interim final rule was effective on
the date of publication, May 2, 2012,
and the Secretary requested public
comment on whether changes to the
regulations were warranted.
Additionally, the interim final rule was
corrected on July 11, 2012 (77 FR
40805). After considering all comments,
the Secretary adopts the interim final
rule without change. This document
contains a discussion of the comments
we received.
SUPPLEMENTARY INFORMATION:
Analysis of Comments and Changes
In response to the Secretary’s
invitation, 10 parties submitted
comments on the interim final rule.
An analysis of the comments received
since publication of the interim final
rule follows. We group major issues
according to subject, with appropriate
sections of the regulations referenced in
parentheses. Generally, we do not
address technical and other minor
changes—and suggested changes the
law does not authorize the Secretary to
make.
General Comments
Comments: Several commenters
expressed support for the regulatory
changes in the interim final rule. One
commenter objected to the Secretary’s
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39613
decision to waive rulemaking. The
commenter noted that the public should
have the opportunity to comment on
proposed regulations through a notice of
proposed rulemaking.
Discussion: The Secretary appreciates
the commenters’ support. We disagree
with the comment that these regulations
should have been submitted to the
public as proposed regulations for
notice and comment. As we discussed
in the interim final rule, under the
Waiver of Rulemaking and Delayed
Effective Date section, the Department
generally offers interested parties the
opportunity to comment on proposed
regulations in accordance with the
Administrative Procedure Act (APA) (5
U.S.C. 553). However, the APA provides
that an agency is not required to
conduct notice and comment
rulemaking when the agency for good
cause finds that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest (5 U.S.C. 553(b)(B)). The
Secretary determined that there was
good cause to waive rulemaking under
the APA because the statutory change to
prohibit a student from receiving two
Federal Pell Grants in a single award
year would have resulted in some
students losing their Federal Pell Grant
eligibility if we delayed making the
regulatory change to amend § 690.64 (77
FR 25897). Notice and comment to
amend §§ 690.63, 690.65, and 690.67
was unnecessary because we merely
updated these sections to reflect
statutory changes in Public Law 112–10
that prohibit a student from receiving
two Federal Pell Grants in a single
award year.
Changes: None.
Payment Period in Two Award Years
(§ 690.64)
Comments: One commenter asked if,
for a crossover payment period, more
than six months of a payment period
occurs in an award year, must the
Federal Pell Grant award be made from
that award year. Another commenter
thanked the Department for the
regulatory change under § 690.64(a) and
(b), noting that the change would allow
an institution to comply with the
regulations governing the standards of
administrative capability under 34 CFR
668.16 when awarding a Federal Pell
Grant.
Discussion: In August 2008, the
Higher Education Opportunity Act
(HEOA), Public Law 110–315, added
section 401(b)(5) to the HEA, and
allowed an eligible student to receive
two Federal Pell Grant Scheduled
Awards during a single award year.
Before then, institutions were required
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]]>Agencies
[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39610-39613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15828]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0059]
RIN 1625-AA00
Safety Zone; Big Bay Boom, San Diego Bay; San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing four temporary safety zones
upon the navigable waters of the San Diego Bay for the annual Port of
San Diego Fourth of July Big Bay Boom Fireworks display on the evening
of July 4, 2013. These temporary safety zones are necessary to provide
for the safety of the crew, spectators, and other users and vessels of
the waterway. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within these temporary safety zones
unless authorized by the Captain of the Port or his designated
representative.
[[Page 39611]]
DATES: This rule is effective from 8:45 p.m. to 10 p.m. on July 4,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0059. 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
d11marineeventssd@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 temporary final rule after
publishing a Notice of Proposed Rulemaking (NPRM) on May 20, 2013 (78
FR 29289). The Coast Guard received no comments on that NPRM and as
such, no changes have been made to this safety zone.
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 because it is impracticable and
contrary to the public interest. The Coast Guard did not have the
necessary event information about this fireworks display in time to
provide both a comment period and allow for a 30 day delayed effective
date. The Coast Guard was able to take comments on this safety zone
prior to publication and enforcement. Immediate action is required 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
four temporary safety zones on the navigable waters of the San Diego
Bay for the Fourth of July Big Bay Boom. This event will occur between
8:45 p.m. and 10 p.m. on July 4, 2013. The safety zones will include
all navigable waters within 1,000 feet of each tug and barge. The tugs
and barges will be located in the following approximate positions:
Shelter Island Barge: 32[deg]42.8' N, 117[deg]13.2' W
Harbor Island Barge: 32[deg]43.3' N, 117[deg]12.0' W
Embarcadero Barge: 32[deg]42.9' N, 117[deg]10.8' W
Seaport Village Barge: 32[deg]42.2' N, 117[deg]10.0' W
These temporary safety zones are 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 received 0 comments on the NPRM for this rule and
as such, no changes have been made to the final rule.
The Coast Guard is establishing safety zones that will be enforced
from 8:45 p.m. until 10 p.m. on July 4, 2013. These safety zones are
necessary to provide for the safety of the crews, spectators,
participants, and other vessels and users of the waterway. Persons and
vessels would be prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port, or his designated representative. The temporary safety zones
include a portion of waters in the San Diego Bay.
Before the effective period, the Coast Guard will publish a Coast
Guard District Eleven Local Notice to Mariners information on the event
and associated safety zones. Immediately before and during the
fireworks display, Coast Guard Sector San Diego Joint Harbor Operations
Center will issue Broadcast Notice to Mariners on the location and
enforcement of the safety zones.
Vessels will be able to transit the surrounding area and may be
authorized to transit through the safety zones with the permission of
the Captain of the Port or the designated representative. Before
activating the zones, the Coast Guard will notify mariners by
appropriate means including but not limited to Local Notice to Mariners
and Broadcast Notice to Mariners.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size, duration and location of the safety zones. The
safety zones are relatively small in size, less than half a mile
across, and short in duration, 75 minutes long. Although the safety
zones would apply to multiple parts of San Diego Bay, traffic would be
allowed to pass through the zone with the permission of the Captain of
the Port. Additionally, before the effective period, the Coast Guard
will publish a Local Notice to Mariners.
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 San Diego 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: The
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 the safety zones while the zones are in effect.
[[Page 39612]]
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
INTFORMATION 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.
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 Sec. 165.T11-548 to read as follows:
Sec. 165.T11-548 Safety Zone; Big Bay Boom, San Diego Bay; San Diego,
CA.
(a) Location. This rule establishes four temporary safety zones.
The safety zones will include all navigable waters within 1,000 feet
each tug and barge site. The tug and barge sites will be located in the
following approximate positions:
Shelter Island Barge: 32[deg]42.8' N, 117[deg]13.2' W
Harbor Island Barge: 32[deg]43.3' N, 117[deg]12.0' W
Embarcadero Barge: 32[deg]42.9' N, 117[deg]10.8' W
Seaport Village Barge: 32[deg]42.2' N, 117[deg]10.0' 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
[[Page 39613]]
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 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 21, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-15828 Filed 7-1-13; 8:45 am]
BILLING CODE 9110-04-P
