Safety Zone; Naval Helicopter Association (NHA) Red Bull Helicopter Demonstration; San Diego Bay, San Diego, CA, 19201-19203 [granule303]

Download as PDF Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations Under the regular operating schedule, the I–695 Bridge draw must open on signal if at least one hour notice is given. The bridge has a vertical clearance in the closed position to vessels of 58 feet above mean high water. Under this temporary deviation, the drawbridge will be maintained in the closed to navigation position daily between 8 a.m. and 5 p.m. but will be able to open for navigation with a 2 hour advance notice by contacting (410) 354–1374 or utilizing VHF Channel 13/ 16. The bridge will operate under the normal operating schedule at all other times. Emergency openings can be provided with advance notice by contacting (410) 354–1374 or utilizing VHF Channel 13/16. There are no alternate routes for vessels transiting this section of the Curtis Creek. Curtis Creek is used by a variety of vessels including military, tugs, commercial, and recreational vessels. The Coast Guard has carefully coordinated the restrictions with these waterway users. The Coast Guard will also inform additional waterway users through our Local and Broadcast Notice to Mariners of the closure periods for the bridge so that vessels can arrange their transits to minimize any impacts caused by the temporary deviation. Mariners able to pass under the bridge in the closed position may do so at any time. However, mariners are advised to proceed with caution. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: March 30, 2015. James L. Rousseau, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2015–08343 Filed 4–9–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 rljohnson on DSK3VPTVN1PROD with RULES [Docket Number USCG–2015–0137] RIN 1625–AA00 Safety Zone; Naval Helicopter Association (NHA) Red Bull Helicopter Demonstration; San Diego Bay, San Diego, CA AGENCY: Coast Guard, DHS. VerDate Sep<11>2014 15:04 Apr 09, 2015 Jkt 235001 Temporary final rule; request for comments. ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters of San Diego Bay for a helicopter aerial demonstration sponsored by the Naval Helicopter Association (NHA). This safety zone is established to ensure the safety of the helicopter aircrew, spectators, safety vessels, and other vessels and users of the waterway. Unauthorized 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. The Coast Guard requests public comments on the temporary safety zone. DATES: This rule is effective from 6:30 p.m. to 7:30 p.m. on May 12, 2015. Public comments must be received by May 11, 2015. ADDRESSES: Submit comments using one of the listed methods, and see SUPPLEMENTARY INFORMATION for more information on public comments. • Online—http://www.regulations.gov following Web site instructions. • Fax—202–493–2251. • Mail or hand deliver—Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Hand delivery hours: 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays (telephone 202–366–9329). Documents mentioned in this preamble are part of docket [USCG– 2015–0137]. 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 Randolph Pahilanga, Waterways Management, U.S. Coast Guard Sector San Diego; telephone (619) 278–7656, email D11-PFMarineEventsSanDiego@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 19201 SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule A. Public Participation and Comments We encourage you to submit comments (or related material) on this temporary final rule. We will consider all submissions and may adjust our final action based on your comments. Comments should be marked with docket number USCG–2015–0137 and should provide a reason for each suggestion or recommendation. You should provide personal contact information so that we can contact you if we have questions regarding your comments; but please note that all comments will be posted to the online docket without change and that any personal information you include can be searchable online (see the Federal Register Privacy Act notice regarding our public dockets, 73 FR 3316, Jan. 17, 2008). Mailed or hand-delivered comments should be in an unbound 81⁄2 x 11 inch format suitable for reproduction. The Docket Management Facility will acknowledge receipt of mailed comments if you enclose a stamped, self-addressed postcard or envelope with your submission. Documents mentioned in this notice, and all public comments, are in our online docket at http:// www.regulations.gov and can be viewed by following the Web site’s instructions. You can also view the docket at the Docket Management Facility (see the mailing address under ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. B. Regulatory History and Information The Coast Guard is issuing this temporary final rule safety zone for a planned fifteen minute air show over San Diego Bay 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 publishing an NPRM would be impracticable, because E:\FR\FM\10APR1.SGM 10APR1 19202 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations immediate action is needed to minimize potential danger to the participants and the public during the event. Furthermore, the necessary information to determine whether the marine event poses a threat to persons and vessels was provided March 12, 2015, less than 60 days before the event, which is insufficient time to publish an NPRM. The Coast Guard requests new marine event permit applications at least 165 days in advance for proper environmental and administrative review of the event. Nevertheless, we are providing an opportunity for subsequent public comment and, should public comment show the need for modifications to the safety zone during the event, we may make those modifications during the event and will provide actual notice of those modifications to the affected public. rljohnson on DSK3VPTVN1PROD with RULES C. Basis and Purpose The legal basis and authorities for this temporary rule are found in 33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05– 1, 6.04–1, 6.04–6, and 160.5; Public Law 107–295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to propose, establish, and define regulatory safety zones. The Coast Guard believes a temporary safety zone is needed on the navigable waters of the San Diego Bay to ensure public safety for the NHA Red Bull Helicopter Demonstration. This event involves a planned fifteen minute air show which flies over a portion of San Diego Bay. Because aerial stunt flying over busy waterways poses significant risk to public safety and property and the likely combination of large numbers of recreation vessels, congested waterways, and low flying could easily result in serious injuries or fatalities, a safety zone is necessary to safe guard spectators, vessels and the event pilots. For the safety concerns noted, it is important to have these regulations in effect during the event and impracticable to delay the regulations. D. Discussion of the Final Rule The Coast Guard is establishing a temporary safety zone that will be enforced from 6:30 p.m. to 7:30 p.m. on May 12, 2015. This safety zone is necessary to provide for the safety of the helicopter aircrew, event spectators, safety patrol craft and to protect other vessels and users of the waterway. Persons and vessels will be prohibited from entering into, transiting through, or anchoring within this safety zone unless VerDate Sep<11>2014 15:04 Apr 09, 2015 Jkt 235001 authorized by the Captain of the Port, or their designated representative. Before the effective period, the Coast Guard will publish a local notice to mariners (LNM). Just prior to the event and during the enforcement of the event, the Coast Guard will issue a broadcast notice to mariners (BNM) alert via VHF Channel 16. This temporary safety zone will be bound by the following coordinates (North American Datum of 1983, World Geodetic System, 1984): 32°43.05 N, 117°10.54 W, 32°43.05 N, 117°10.46 W, 32°43.33 N, 117°10.54 W, 32°43.33 N, 117°13.46 W. E. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This determination is based on the size, location and limited duration of the safety zone. This zone impacts a small designated area of the San Diego bay for less than one hour. Furthermore, vessel traffic can safely transit around the safety zone. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: the owners or operators of private and commercial vessels PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 intending to transit or anchor in the impacted portion of the San Diego Bay from 6:30 p.m. through 7:30 p.m. on May 12, 2015. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. Vessel traffic can pass safely around the zone. The Coast Guard will publish a local notice to mariners (LNM) and will issue broadcast notice to mariners (BNM) alerts via VHF Channel 16 before the safety zone is enforced. 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. E:\FR\FM\10APR1.SGM 10APR1 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 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 rljohnson on DSK3VPTVN1PROD with RULES 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. VerDate Sep<11>2014 15:04 Apr 09, 2015 Jkt 235001 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 on the navigable waters of San Diego Bay. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.01. 2. Add § 165.T11–689 to read as follows: 19203 (b) Enforcement period. This section will be enforced from 6:30 p.m. to 7:30 p.m. on May 12, 2015. If the event concludes prior to the schedule termination time, the COTP 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, or local, state, or federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) Under the general regulations in 33 CFR part 165, subpart C, 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 or designated 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 in patrol and notification of the regulation. Dated: April 1, 2015. J.A. Janszen, Commander, U.S. Coast Guard, Acting, Captain of the Port San Diego. [FR Doc. 2015–08347 Filed 4–9–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR PART 165 [Docket No. USCG–2015–0213] RIN 1625–AA00 ■ § 165.T11–689 Safety zone; Naval Helicopter Association (NHA) Red Bull Helicopter Demonstration; San Diego Bay, San Diego, CA. (a) Location. The safety zone will encompass the navigable waters encompassed by the following coordinates (North American Datum of 1983, World Geodetic System, 1984): 32°43.05 N, 117°10.54 W, 32°43.05 N, 117°10.46 W, 32°43.33 N, 117°10.54 W, 32°43.33 N, 117°10.46 W. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 Safety Zone; Barge-Based Fireworks, Sturgeon Bay, Wisconsin Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the waters of Sturgeon Bay in Sturgeon Bay, Wisconsin. This safety zone is intended to restrict vessels from a portion of Sturgeon Bay due to a fireworks display. This temporary safety zone is necessary to protect the SUMMARY: E:\FR\FM\10APR1.SGM 10APR1

Agencies

[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Unknown Section]
[Pages 19201-19203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: granule303]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG–2015–0137]
RIN 1625–AA00


Safety Zone; Naval Helicopter Association (NHA) Red Bull 
Helicopter Demonstration; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of San Diego Bay for a helicopter aerial demonstration 
sponsored by the Naval Helicopter Association (NHA). This safety zone 
is established to ensure the safety of the helicopter aircrew, 
spectators, safety vessels, and other vessels and users of the 
waterway. Unauthorized 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. 
The Coast Guard requests public comments on the temporary safety zone.

DATES: This rule is effective from 6:30 p.m. to 7:30 p.m. on May 12, 
2015. Public comments must be received by May 11, 2015.

ADDRESSES: Submit comments using one of the listed methods, and see 
SUPPLEMENTARY INFORMATION for more information on public comments.
    &sbull; Online—http://www.regulations.gov following Web 
site instructions.
    &sbull; Fax—202–493–2251.
    &sbull; Mail or hand deliver—Docket Management Facility 
(M–30), U.S. Department of Transportation, West Building Ground 
Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 
20590–0001. Hand delivery hours: 9 a.m. to 5 p.m., Monday through 
Friday, except Federal holidays (telephone 202–366–9329).
    Documents mentioned in this preamble are part of docket 
[USCG–2015–0137]. 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 Randolph Pahilanga, Waterways Management, 
U.S. Coast Guard Sector San Diego; telephone (619) 278–7656, 
email D11-PF-MarineEventsSanDiego@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, 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
TFR Temporary Final Rule

A. Public Participation and Comments

    We encourage you to submit comments (or related material) on this 
temporary final rule. We will consider all submissions and may adjust 
our final action based on your comments. Comments should be marked with 
docket number USCG–2015–0137 and should provide a reason 
for each suggestion or recommendation. You should provide personal 
contact information so that we can contact you if we have questions 
regarding your comments; but please note that all comments will be 
posted to the online docket without change and that any personal 
information you include can be searchable online (see the Federal 
Register Privacy Act notice regarding our public dockets, 73 FR 3316, 
Jan. 17, 2008).
    Mailed or hand-delivered comments should be in an unbound 8\1/2\ x 
11 inch format suitable for reproduction. The Docket Management 
Facility will acknowledge receipt of mailed comments if you enclose a 
stamped, self-addressed postcard or envelope with your submission.
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following the Web site's instructions. You can also view the docket at 
the Docket Management Facility (see the mailing address under 
ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

B. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule safety zone 
for a planned fifteen minute air show over San Diego Bay 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 publishing an NPRM would be impracticable, 
because

[[Page 19202]]

immediate action is needed to minimize potential danger to the 
participants and the public during the event. Furthermore, the 
necessary information to determine whether the marine event poses a 
threat to persons and vessels was provided March 12, 2015, less than 60 
days before the event, which is insufficient time to publish an NPRM. 
The Coast Guard requests new marine event permit applications at least 
165 days in advance for proper environmental and administrative review 
of the event.
    Nevertheless, we are providing an opportunity for subsequent public 
comment and, should public comment show the need for modifications to 
the safety zone during the event, we may make those modifications 
during the event and will provide actual notice of those modifications 
to the affected public.

C. Basis and Purpose

    The legal basis and authorities for this temporary rule are found 
in 33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 
195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Public 
Law 107–295, 116 Stat. 2064; and Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
propose, establish, and define regulatory safety zones.
    The Coast Guard believes a temporary safety zone is needed on the 
navigable waters of the San Diego Bay to ensure public safety for the 
NHA Red Bull Helicopter Demonstration. This event involves a planned 
fifteen minute air show which flies over a portion of San Diego Bay. 
Because aerial stunt flying over busy waterways poses significant risk 
to public safety and property and the likely combination of large 
numbers of recreation vessels, congested waterways, and low flying 
could easily result in serious injuries or fatalities, a safety zone is 
necessary to safe guard spectators, vessels and the event pilots. For 
the safety concerns noted, it is important to have these regulations in 
effect during the event and impracticable to delay the regulations.

D. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone that will 
be enforced from 6:30 p.m. to 7:30 p.m. on May 12, 2015. This safety 
zone is necessary to provide for the safety of the helicopter aircrew, 
event spectators, safety patrol craft and to protect other vessels and 
users of the waterway. Persons and vessels will be prohibited from 
entering into, transiting through, or anchoring within this safety zone 
unless authorized by the Captain of the Port, or their designated 
representative. Before the effective period, the Coast Guard will 
publish a local notice to mariners (LNM). Just prior to the event and 
during the enforcement of the event, the Coast Guard will issue a 
broadcast notice to mariners (BNM) alert via VHF Channel 16.
    This temporary safety zone will be bound by the following 
coordinates (North American Datum of 1983, World Geodetic System, 
1984): 32°43.05 N, 117°10.54 W, 32°43.05 N, 117°10.46 
W, 32°43.33 N, 117°10.54 W, 32°43.33 N, 117°13.46 W.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. We expect the economic 
impact of this proposed rule to be so minimal that a full Regulatory 
Evaluation is unnecessary. This determination is based on the size, 
location and limited duration of the safety zone. This zone impacts a 
small designated area of the San Diego bay for less than one hour. 
Furthermore, vessel traffic can safely transit around the safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 
601–612, as amended, requires federal agencies to consider the 
potential impact of regulations on small entities during rulemaking. 
The term “small entities” comprises small businesses, not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities. This rule will affect 
the following entities, some of which may be small entities: the owners 
or operators of private and commercial vessels intending to transit or 
anchor in the impacted portion of the San Diego Bay from 6:30 p.m. 
through 7:30 p.m. on May 12, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessel 
traffic can pass safely around the zone. The Coast Guard will publish a 
local notice to mariners (LNM) and will issue broadcast notice to 
mariners (BNM) alerts via VHF Channel 16 before the safety zone is 
enforced.

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.

[[Page 19203]]

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 on the navigable waters of San Diego Bay. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2–1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 
6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.01.

0
2. Add §&thnsp;165.T11–689 to read as follows:


§&thnsp;165.T11–689  Safety zone; Naval Helicopter 
Association (NHA) Red Bull Helicopter Demonstration; San Diego Bay, San 
Diego, CA.

    (a) Location. The safety zone will encompass the navigable waters 
encompassed by the following coordinates (North American Datum of 1983, 
World Geodetic System, 1984): 32°43.05 N, 117°10.54 W, 
32°43.05 N, 117°10.46 W, 32°43.33 N, 117°10.54 W, 
32°43.33 N, 117°10.46 W.
    (b) Enforcement period. This section will be enforced from 6:30 
p.m. to 7:30 p.m. on May 12, 2015. If the event concludes prior to the 
schedule termination time, the COTP 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, 
or local, state, or federal law enforcement vessels who have been 
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, 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 or designated 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 in patrol and notification of the regulation.

    Dated: April 1, 2015.
J.A. Janszen,
Commander, U.S. Coast Guard, Acting, Captain of the Port San Diego.
[FR Doc. 2015–08347 Filed 4–9–15; 8:45 am]
 BILLING CODE 9110–04–P