Safety Zone; TriRock San Diego, San Diego Bay, San Diego, CA, 53243-53245 [2013-21062]

Download as PDF Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations Issued in Washington, DC, on August 21, 2013. Gary A. Norek, Manager, Airspace Policy and ATC Procedures Group. BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0555] RIN 1625–AA00 Safety Zone; TriRock San Diego, San Diego Bay, San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone upon the navigable waters of the San Diego Bay, San Diego, CA, in support of a triathlon bay swim. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. DATES: This rule is effective from 6:30 a.m. to 9:30 a.m. on September 22, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0555]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Bryan Gollogly, Waterways Management, U.S. Coast Guard Sector San Diego; telephone (619) 278–7656, email d11marineeventssandiego@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: participants, crew, spectators, sponsor vessels, and other users of the waterway. Table of Acronyms C. Discussion of the Final Rule This safety zone is necessary to ensure unauthorized personnel and vessels remain safe by keeping clear during the bay swim. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. 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 zone. Vessels will be able to transit the surrounding area and may be authorized to transit through the safety zone with the permission of the Captain of the Port of the designated representative. Immediately before and during the fireworks display, Coast Guard Sector San Diego Joint Harbor Operations Center will issues Broadcast Notice to Mariners on the location and enforcement of the safety zone. DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking [FR Doc. 2013–21009 Filed 8–28–13; 8:45 am] 53243 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) with respect to this rule because the logistical details of the San Diego Bay triathlon swim were not finalized nor presented to the Coast Guard in enough time to draft and publish an NPRM. As such, the event would occur before the rulemaking process was complete. 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 impractical and contrary to the public interest. The Coast Guard did not have the necessary event information in time to provide both a comment period and allow for a 30 day delayed effective date. 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 a temporary safety zone on the navigable waters of San Diego Bay for a swim event. The safety zone will be enforced from 6:30 a.m. to 9:30 a.m. on September 22, 2013. The limits of the safety zone will be navigable waters of the San Diego Bay in the vicinity of the San Diego Convention Center bound by the following coordinates including the marina: 32°42′16 N, 117°09′58″ W to 32°42′15″ N, 117°10′02″ W then south to 32°42′00″ N, 117°09′45″ W to 32°42′03″ N, 117°09′40″ W. This safety zone is necessary to provide for the safety of the PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 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 and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This determination is based on the size, duration and location of the safety zone. Commercial vessels will not be hindered by the safety zone. Recreational vessels may be allowed to transit through the designated safety zone during specified times if they request and obtain authorization from the Captain of the Port, or his designated representative. 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, E:\FR\FM\29AUR1.SGM 29AUR1 53244 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 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 the aforementioned portion of San Diego Bay from 6:30 a.m. to 9:30 a.m. on September 22, 2013. (2) This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This safety zone will only be in effect for three hours early in the morning when vessel traffic is low. Vessel traffic can transit safely around the zone. mstockstill on DSK4VPTVN1PROD with RULES 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). VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 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, PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 the establishment of a 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, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T11–591 to read as follows: ■ E:\FR\FM\29AUR1.SGM 29AUR1 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations § 165.T11–591 Safety Zone; TriRock San Diego, San Diego Bay, San Diego, CA. (a) Location. The limits of the safety zone will be navigable waters of the San Diego Bay behind the San Diego Convention Center bound by the following coordinates including the marina: 32°42′16″ N, 117°09′58″ W to 32°42′15″ N, 117°10′02″ W then south to 32°42′00″ N, 117°09′45″ W to 32°42′03″ N, 117°09′40″ W. (b) Enforcement Period. This safety zone will be enforced from 6:30 a.m. to 9:30 a.m. on September 22, 2013. (c) Definitions. The following definition applies to this section: Designated representative, means any commissioned, warrant, or petty officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, 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 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 the 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: August 15, 2013. S.M. Mahoney, Captain, U.S. Coast Guard, Captain of the Port San Diego. 2013. This temporary safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels 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. DATES: This rule is effective from 7 a.m. to 5:30 p.m. on September 13, 2013 to September 15, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0476]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant John Bannon, Waterways Management, U.S. Coast Guard Sector San Diego; telephone (619) 278–7261, 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: [FR Doc. 2013–21062 Filed 8–28–13; 8:45 am] Table of Acronyms BILLING CODE 9110–04–P DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking DEPARTMENT OF HOMELAND SECURITY A. Regulatory History and Information Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0476] RIN 1625–AA00 Safety Zone; San Diego Bayfair; Mission Bay, San Diego, CA Coast Guard, DHS. Temporary final rule. mstockstill on DSK4VPTVN1PROD with RULES AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone upon the navigable waters of Mission Bay in San Diego, CA for the annual San Diego Bayfair power boat races from September 13, 2013 to September 15, SUMMARY: VerDate Mar<15>2010 22:38 Aug 28, 2013 Jkt 229001 The Coast Guard is issuing this temporary final rule after publishing a Notice of Proposed Rulemaking (NPRM) on July 15, 2013 (78 FR 42027). The Coast Guard received no comments on the 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 boat race 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 53245 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 a temporary safety zone on the navigable waters of Mission Bay for the 2013 San Diego Bayfair power boat races. This event will occur between 7 a.m. and 5:30 p.m. on September 13 to September 15, 2013. The safety zone includes the waters of Mission Bay bound by the following coordinates: 32°47′32″ N, 117°13′25″ W to 32°47′32″ N, 117°13′00″ W to 32°47′ 20″ N, 117°13′00″ W then west to 32°46′45″ N, 117°14′09″ W to 32°46′ 11″ N, 117°14′01″ W. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels 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. 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 a temporary safety zone on the navigable waters of Mission Bay for the 2013 San Diego Bayfair power boat races. This event will occur between 7 a.m. and 5:30 p.m. on September 13, 2013 to September 15, 2013. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels 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 zone includes a portion of the navigable waters of Mission 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 zone. Immediately before and during the event, Coast Guard Sector San Diego Joint Harbor Operations E:\FR\FM\29AUR1.SGM 29AUR1

Agencies

[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53243-53245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21062]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0555]
RIN 1625-AA00


Safety Zone; TriRock San Diego, San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone upon 
the navigable waters of the San Diego Bay, San Diego, CA, in support of 
a triathlon bay swim. This safety zone is necessary to provide for the 
safety of the participants, crew, spectators, participating vessels, 
and other vessels and users of the waterway. Persons and vessels are 
prohibited from entering into, transiting through, or anchoring within 
this safety zone unless authorized by the Captain of the Port, or his 
designated representative.

DATES: This rule is effective from 6:30 a.m. to 9:30 a.m. on September 
22, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0555]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Bryan Gollogly, Waterways Management, U.S. 
Coast Guard Sector San Diego; telephone (619) 278-7656, email 
d11marineeventssandiego@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 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 the logistical details of the San 
Diego Bay triathlon swim were not finalized nor presented to the Coast 
Guard in enough time to draft and publish an NPRM. As such, the event 
would occur before the rulemaking process was complete.
    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 impractical and 
contrary to the public interest. The Coast Guard did not have the 
necessary event information in time to provide both a comment period 
and allow for a 30 day delayed effective date. 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 a 
temporary safety zone on the navigable waters of San Diego Bay for a 
swim event.
    The safety zone will be enforced from 6:30 a.m. to 9:30 a.m. on 
September 22, 2013. The limits of the safety zone will be navigable 
waters of the San Diego Bay in the vicinity of the San Diego Convention 
Center bound by the following coordinates including the marina: 
32[deg]42'16 N, 117[deg]09'58'' W to 32[deg]42'15'' N, 117[deg]10'02'' 
W then south to 32[deg]42'00'' N, 117[deg]09'45'' W to 32[deg]42'03'' 
N, 117[deg]09'40'' W.
    This safety zone is necessary to provide for the safety of the 
participants, crew, spectators, sponsor vessels, and other users of the 
waterway.

C. Discussion of the Final Rule

    This safety zone is necessary to ensure unauthorized personnel and 
vessels remain safe by keeping clear during the bay swim. Persons and 
vessels are prohibited from entering into, transiting through, or 
anchoring within this safety zone unless authorized by the Captain of 
the Port, or his designated representative.
    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 zone.
    Vessels will be able to transit the surrounding area and may be 
authorized to transit through the safety zone with the permission of 
the Captain of the Port of the designated representative. Immediately 
before and during the fireworks display, Coast Guard Sector San Diego 
Joint Harbor Operations Center will issues Broadcast Notice to Mariners 
on the location and enforcement of the safety zone.

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 and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This determination is 
based on the size, duration and location of the safety zone. Commercial 
vessels will not be hindered by the safety zone. Recreational vessels 
may be allowed to transit through the designated safety zone during 
specified times if they request and obtain authorization from the 
Captain of the Port, or his designated representative. 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,

[[Page 53244]]

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 the aforementioned portion of San Diego Bay from 
6:30 a.m. to 9:30 a.m. on September 22, 2013.
    (2) This safety zone will not have a significant economic impact on 
a substantial number of small entities for the following reasons: This 
safety zone will only be in effect for three hours early in the morning 
when vessel traffic is low. Vessel traffic can transit safely around 
the zone.

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 
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 the establishment of a 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, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add temporary Sec.  165.T11-591 to read as follows:

[[Page 53245]]

Sec.  165.T11-591  Safety Zone; TriRock San Diego, San Diego Bay, San 
Diego, CA.

    (a) Location. The limits of the safety zone will be navigable 
waters of the San Diego Bay behind the San Diego Convention Center 
bound by the following coordinates including the marina: 32[deg]42'16'' 
N, 117[deg]09'58'' W to 32[deg]42'15'' N, 117[deg]10'02'' W then south 
to 32[deg]42'00'' N, 117[deg]09'45'' W to 32[deg]42'03'' N, 
117[deg]09'40'' W.
    (b) Enforcement Period. This safety zone will be enforced from 6:30 
a.m. to 9:30 a.m. on September 22, 2013.
    (c) Definitions. The following definition applies to this section: 
Designated representative, means any commissioned, warrant, or petty 
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, 
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 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 the 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: August 15, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-21062 Filed 8-28-13; 8:45 am]
BILLING CODE 9110-04-P