Safety Zone: Urban Shield 2014, South San Francisco Bay, Oakland, CA, 52199-52201 [2014-20958]
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Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Rules and Regulations
PART 73—Electronic Signatures;
Electronic Submission of Forms
1. The authority citation for part 73
continues to read as follows:
■
Authority: 26 U.S.C. 6011(f), 6061(b),
7502(c); 44 U.S.C. 3504 Note.
§ 73.3
[Amended]
2. In § 73.3, the definition of the term
‘‘Form(s)’’ is amended by adding the
words ‘‘or any other agency’’ before the
period at the end of the definition.
■
§ 73.40
[Amended]
3. In § 73.40, the first sentence is
amended by adding the parenthetical
phrase ‘‘(as that term is defined in
§ 73.3)’’ after the words ‘‘to submit a
form’’.
■
Dated: August 25, 2014.
John J. Manfreda,
Administrator.
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2014–20925 Filed 9–2–14; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0658]
RIN 1625–AA00
Safety Zone: Urban Shield 2014, South
San Francisco Bay, Oakland, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of South San
Francisco Bay in Oakland, CA in
support of the Urban Shield maritime
training exercises. This safety zone is
established to ensure the safety of the
exercise participants and mariners
transiting the area. Unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
remaining in the safety zone without
permission of the Captain of the Port or
their designated representative.
DATES: This rule is effective on
September 6 and 7, 2014. This rule will
be enforced from 8 a.m. to 7 p.m. on
September 6 and 7, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0658. 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
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:42 Sep 02, 2014
‘‘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 temporary
rule, call or email Lieutenant Junior
Grade Joshua Dykman, U.S. Coast Guard
Sector San Francisco; telephone (415)
399–3585 or email at D11-PFMarineEvents@uscg.mil. If you have
questions on viewing the docket, call
Program Manager, Docket Operations,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Jkt 232001
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(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The Coast Guard received the
information about the event on July 12,
2014, and the event would occur before
the rulemaking process would be
completed. Law enforcement officers
will be conducting maritime
interdiction operations that require
freedom of movement in a defined area.
The safety zone is necessary to provide
for the safety of the law enforcement
officers participating in the training
exercises as well as provide for the
safety of vessels transiting near the
training area. For the safety concerns
noted, it is in the public interest to have
these regulations in effect during the
event.
B. Basis and Purpose
The legal basis for the proposed rule
is 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;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security
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Fmt 4700
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52199
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zones.
The Alameda County Fire Department
will host Urban Shield 2014 on
September 6 and 7, 2014 in the
navigable waters of South San Francisco
Bay in Oakland, CA. The safety zone is
issued to establish a temporary
restricted area on the waters
surrounding the training exercise. This
restricted area is necessary to provide
freedom of movement for law
enforcement officers conducting
maritime interdiction training and to
ensure the safety of mariners transiting
the area.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety
zone in navigable waters around the
Urban Shield maritime training
exercises. The Urban Shield 2014 Safety
Zone establishes a temporary restricted
area on the water within an area
connecting the following points:
37°41′57″ N, 122°13′17″ W; 37°41′49″ N,
122°17′42″ W; 37°40′16″ N, 122°17′42″
W; 37°40′27″ N, 122°14′49″ W; thence
back to the point of origin (NAD 83).
This safety zone will be enforced from
8 a.m. until 7 p.m. on September 6 and
7, 2014. At the conclusion of the
training exercises the safety zone shall
terminate.
The effect of the temporary safety
zone will be to restrict navigation in the
vicinity of the training exercise. Except
for persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the restricted area. These regulations are
needed to keep vessels a safe distance
away from the vicinity of the training
exercise to ensure the safety of law
enforcement officers conducting
training and other mariners transiting
the area.
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
E:\FR\FM\03SER1.SGM
03SER1
52200
Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Rules and Regulations
Budget has not reviewed it under those
Orders.
We expect the economic impact of
this rule will not rise to the level of
necessitating a full Regulatory
Evaluation. The safety zone is limited in
duration, and is limited to a narrowly
tailored geographic area. In addition,
although this rule restricts access to the
waters encompassed by the safety zone,
the effect of this rule will not be
significant because the local waterway
users will be notified via public
Broadcast Notice to Mariners to ensure
the safety zone will result in minimum
impact. The entities most likely to be
affected are waterfront facilities,
commercial vessels, and pleasure craft
engaged in recreational activities.
wreier-aviles on DSK5TPTVN1PROD with RULES
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.
This rule may affect owners and
operators of waterfront facilities,
commercial vessels, and pleasure craft
engaged in recreational activities and
sightseeing. This safety zone would not
have a significant economic impact on
a substantial number of small entities
for the following reasons. This safety
zone would be activated, and thus
subject to enforcement, for a limited
duration. When the safety zone is
activated, vessel traffic could pass safely
around the safety zone. The maritime
public will be advised in advance of this
safety zone via Broadcast Notice to
Mariners.
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
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14:42 Sep 02, 2014
Jkt 232001
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
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Fmt 4700
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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 concluded 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 a safety
zone of limited size and duration. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
E:\FR\FM\03SER1.SGM
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Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Rules and Regulations
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
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:
■
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zone on VHF–23A or through the 24hour Command Center at telephone
(415) 399–3547.
Dated: August 18, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2014–20958 Filed 9–2–14; 8:45 am]
■
2. Add temporary § 165.T11–652 to
read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.T11–652 Safety zone; Urban Shield
2014, South San Francisco Bay, Oakland,
CA.
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Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
40 CFR Part 62
(a) Location. This temporary safety
zone will encompass the navigable
waters of the South San Francisco Bay
within an area connecting the following
points: 37°41′57″ N, 122°13′17″ W;
37°41′49″ N, 122°17′42″ W; 37°40′16″ N,
122°17′42″ W; 37°40′27″ N, 122°14′49″
W; thence back to the point of origin
(NAD 83), as depicted in National
Oceanic and Atmospheric
Administration (NOAA) Chart 18651.
(b) Enforcement Period. The zone
described in paragraph (a) of this
section will be enforced from 8 a.m.
until 7 p.m. on September 6 and 7,
2014. The Captain of the Port San
Francisco (COTP) will notify the
maritime community of periods during
which this zone will be enforced via
Broadcast Notice to Mariners in
accordance with 33 CFR 165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in accordance with
a memorandum of understanding in the
enforcement of the safety zone.
(d) Regulations. (1) Under the general
regulations in 33 CFR part 165, subpart
C, entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the COTP or a
designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
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14:42 Sep 02, 2014
Jkt 232001
BILLING CODE 9110–04–P
[EPA–R01–OAR–2012–0260; A–1–FRL–
9915–71–Region 1]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants: New Hampshire; Revised
State Plan for Large and Small
Municipal Waste Combustors
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the Clean
Air Act section 111(d)/129 State Plan
revisions for Large and Small Municipal
Waste Combustors (MWCs) submitted
by the New Hampshire Department of
Environmental Services (DES) on
January 29, 2009 with amendments
submitted on February 13, 2009. The
revised State Plan is in response to
amended emission guidelines (EGs) and
new source performance standards
(NSPS) for Large MWCs promulgated by
EPA on May 10, 2006 and the
strengthening of emission limits on
Small MWCs as enacted by the New
Hampshire General Court in 2005. New
Hampshire DES’s State Plan is for
implementing and enforcing provisions
at least as protective as the EPA EGs
applicable to existing Large and Small
MWC units.
DATES: This direct final rule will be
effective November 3, 2014, unless EPA
receives adverse comments by October
3, 2014. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
SUMMARY:
Submit your comments,
identified by Docket ID Number EPA–
ADDRESSES:
PO 00000
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Fmt 4700
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52201
R01–OAR–2012–0260 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: mcdonnell.ida@epa.gov
3. Fax: (617) 918–0653.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2012–0260,’’
Ida E. McDonnell U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, and
Indoor Programs Unit, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912.
5. Hand Delivery or Courier. Deliver
your comments to: Ida E. McDonnell,
EPA New England Regional Office,
Office of Ecosystem Protection, Air
Permits, Toxics, and Indoor Programs
Unit, 5 Post Office Square—Suite 100,
(Mail code OEP05–2), Boston, MA
02109–3912. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2012–
0260. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
E:\FR\FM\03SER1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52199-52201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20958]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0658]
RIN 1625-AA00
Safety Zone: Urban Shield 2014, South San Francisco Bay, Oakland,
CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of South San Francisco Bay in Oakland, CA in support
of the Urban Shield maritime training exercises. This safety zone is
established to ensure the safety of the exercise participants and
mariners transiting the area. Unauthorized persons or vessels are
prohibited from entering into, transiting through, or remaining in the
safety zone without permission of the Captain of the Port or their
designated representative.
DATES: This rule is effective on September 6 and 7, 2014. This rule
will be enforced from 8 a.m. to 7 p.m. on September 6 and 7, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0658. 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
temporary rule, call or email Lieutenant Junior Grade Joshua Dykman,
U.S. Coast Guard Sector San Francisco; telephone (415) 399-3585 or
email at D11-PF-MarineEvents@uscg.mil. If you have questions on viewing
the docket, call 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(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard received the
information about the event on July 12, 2014, and the event would occur
before the rulemaking process would be completed. Law enforcement
officers will be conducting maritime interdiction operations that
require freedom of movement in a defined area. The safety zone is
necessary to provide for the safety of the law enforcement officers
participating in the training exercises as well as provide for the
safety of vessels transiting near the training area. For the safety
concerns noted, it is in the public interest to have these regulations
in effect during the event.
B. Basis and Purpose
The legal basis for the proposed rule is 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; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish safety zones.
The Alameda County Fire Department will host Urban Shield 2014 on
September 6 and 7, 2014 in the navigable waters of South San Francisco
Bay in Oakland, CA. The safety zone is issued to establish a temporary
restricted area on the waters surrounding the training exercise. This
restricted area is necessary to provide freedom of movement for law
enforcement officers conducting maritime interdiction training and to
ensure the safety of mariners transiting the area.
C. Discussion of the Final Rule
The Coast Guard will enforce a safety zone in navigable waters
around the Urban Shield maritime training exercises. The Urban Shield
2014 Safety Zone establishes a temporary restricted area on the water
within an area connecting the following points: 37[deg]41'57'' N,
122[deg]13'17'' W; 37[deg]41'49'' N, 122[deg]17'42'' W; 37[deg]40'16''
N, 122[deg]17'42'' W; 37[deg]40'27'' N, 122[deg]14'49'' W; thence back
to the point of origin (NAD 83). This safety zone will be enforced from
8 a.m. until 7 p.m. on September 6 and 7, 2014. At the conclusion of
the training exercises the safety zone shall terminate.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the training exercise. Except for persons
or vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the restricted area. These regulations
are needed to keep vessels a safe distance away from the vicinity of
the training exercise to ensure the safety of law enforcement officers
conducting training and other mariners transiting the area.
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
[[Page 52200]]
Budget has not reviewed it under those Orders.
We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. The safety zone is
limited in duration, and is limited to a narrowly tailored geographic
area. In addition, although this rule restricts access to the waters
encompassed by the safety zone, the effect of this rule will not be
significant because the local waterway users will be notified via
public Broadcast Notice to Mariners to ensure the safety zone will
result in minimum impact. The entities most likely to be affected are
waterfront facilities, commercial vessels, and pleasure craft engaged
in recreational activities.
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.
This rule may affect owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing. This safety zone would not have a
significant economic impact on a substantial number of small entities
for the following reasons. This safety zone would be activated, and
thus subject to enforcement, for a limited duration. When the safety
zone is activated, vessel traffic could pass safely around the safety
zone. The maritime public will be advised in advance of this safety
zone via Broadcast Notice to Mariners.
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 concluded
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 a safety zone of limited size and duration. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
[[Page 52201]]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T11-652 to read as follows:
Sec. 165.T11-652 Safety zone; Urban Shield 2014, South San Francisco
Bay, Oakland, CA.
(a) Location. This temporary safety zone will encompass the
navigable waters of the South San Francisco Bay within an area
connecting the following points: 37[deg]41'57'' N, 122[deg]13'17'' W;
37[deg]41'49'' N, 122[deg]17'42'' W; 37[deg]40'16'' N, 122[deg]17'42''
W; 37[deg]40'27'' N, 122[deg]14'49'' W; thence back to the point of
origin (NAD 83), as depicted in National Oceanic and Atmospheric
Administration (NOAA) Chart 18651.
(b) Enforcement Period. The zone described in paragraph (a) of this
section will be enforced from 8 a.m. until 7 p.m. on September 6 and 7,
2014. The Captain of the Port San Francisco (COTP) will notify the
maritime community of periods during which this zone will be enforced
via Broadcast Notice to Mariners in accordance with 33 CFR 165.7.
(c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in accordance with a memorandum of understanding in the
enforcement of the safety zone.
(d) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-23A or through
the 24-hour Command Center at telephone (415) 399-3547.
Dated: August 18, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2014-20958 Filed 9-2-14; 8:45 am]
BILLING CODE 9110-04-P
