Safety Zone: Underwater Vessel Testing, San Francisco Bay, San Francisco, CA, 38623-38625 [2015-16621]
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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations
management of offenders committed to
the custody of the Attorney General or
the Director of the Bureau of Prisons,
and its economic impact is limited to
the Bureau’s appropriated funds.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996. This rule will not result in an
annual effect on the economy of
$100,000,000 or more; a major increase
in costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
List of Subjects in 28 CFR Part 571
Prisoners.
Accordingly, the interim rule on this
subject amending 28 CFR part 571 that
was published on March 23, 2010 (75
FR 13680) is adopted as final without
change.
L.C. Eichenlaub,
Deputy Director, Bureau of Prisons.
Point, in support of the Underwater
Vessel Testing. This safety zone is
established to ensure the safety of the
testing 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 without
actual notice from July 7, 2015 until
October 31, 2015. For purposes of
enforcement, actual notice will be used
from July 1, 2015 until July 7, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0422. 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 Marcia
Medina, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7443 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:
[FR Doc. 2015–16635 Filed 7–6–15; 8:45 am]
Table of Acronyms
BILLING CODE 4410–05–P
DHS Department of Homeland Security
FR Federal Register
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2015–0422]
RIN 1625–AA00
srobinson on DSK5SPTVN1PROD with RULES
Safety Zone: Underwater Vessel
Testing, San Francisco Bay, San
Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of San Francisco
Bay in San Francisco, CA near Hunters
SUMMARY:
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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.’’ The Coast Guard
received the information about the event
on May 11, 2015, and the event would
occur before the rulemaking process
would be completed. Due to the short
timeframe for issuing this safety zone,
we find that it is impracticable to solicit
comments for this temporary final rule.
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38623
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 for similar reasons listed above.
Due to the time constraints noted, it is
impracticable to give 30 days notice
before the effective date of this rule.
B. Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C 1231; 50 U.S.C. 191, 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zones.
The Office of the Secretary of Defense
will host Underwater Vessel Testing
periodically between July 1 through
October 31, 2015 in the navigable waters
of San Francisco Bay in San Francisco,
CA near Hunter’s Point. The safety zone
is needed to establish a temporary
restricted area on the waters
surrounding the testing. A restricted
area is necessary 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
testing. The Underwater Vessel Testing
Safety Zone establishes a temporary
restricted area on the water within an
area connecting the following points:
37°43′30″ N., 122°21′6″ W.; 37°43′53″
N., 122°19′17″ W.; 37°41′34″ N.,
122°20′30″ W.; 37°41′56″ N., 122°18′42″
W.; thence back to the point of origin
(NAD 83). Periods of enforcement will
be requested by the Office of the
Secretary of Defense with one week
notice and approved by the COTP. This
safety zone will be enforced for a
duration of 6 to up to 72 hours as
announced via Broadcast Notice to
Mariners periodically between July 1
through October 31, 2015. At the
conclusion of the testing evolution the
safety zone shall terminate for each
evolution.
The effect of the temporary safety
zone will be to restrict navigation in the
vicinity of the testing. 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 away from the
vicinity of the testing to ensure the
safety of 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
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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations
based on these statutes and executive
orders.
srobinson on DSK5SPTVN1PROD with RULES
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
We expect the economic impact of
this rule 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
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19:51 Jul 06, 2015
Jkt 235001
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,
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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
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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations
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. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T11–681 to read as
follows:
assisting the COTP in the enforcement
of the safety zone.
(d) Regulations. (1) Under the general
regulations in subpart C of this part,
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 24hour Command Center at telephone
(415) 399–3547.
Dated: May 18, 2015.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2015–16621 Filed 7–6–15; 8:45 am]
BILLING CODE 4910–15–P
■
ENVIRONMENTAL PROTECTION
AGENCY
srobinson on DSK5SPTVN1PROD with RULES
§ 165.T11–681 Safety zone; Underwater
Vessel Testing, San Francisco Bay, San
Francisco, 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°43′30″ N., 122°21′6″ W.;
37°43′53″ N., 122°19′17″ W.; 37°41′34″
N., 122°20′30″ W.; 37°41′56″ N.,
122°18′42″ W. (NAD 83); 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 for a duration
of 6 to up to 72 hours, as announced via
Broadcast Notice to Mariners,
periodically between on July 1 through
October 31, 2015. 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 § 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
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40 CFR Part 52
[EPA–R06–OAR–2014–0378; FRL–9929–81–
Region 6]
Approval and Promulgation of
Implementation Plans; Arkansas;
Prevention of Significant Deterioration;
Greenhouse Gas Plantwide
Applicability Limit Permitting
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving one revision
to the Arkansas State Implementation
Plan (SIP) submitted by the Arkansas
Governor to the EPA on January 7, 2014.
This submittal revises the Arkansas
Prevention of Significant Deterioration
(PSD) Permitting Program to incorporate
by reference federal plantwide
applicability limit (PAL) permitting
provisions to enable the State of
Arkansas to issue PSD PALs to sources
with greenhouse gas (GHG) emissions.
The EPA has determined that the
January 7, 2014 revision to the Arkansas
SIP is consistent with federal
requirements for PSD permitting. The
SUMMARY:
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38625
EPA is also approving ministerial
changes to the Code of Federal
Regulations (CFR) to reflect recent EPA
SIP approvals to the Arkansas PSD
program and to show that SIP
deficiencies identified in prior partial
disapprovals have been addressed. We
are finalizing this action under section
110 and part C of title I of the Clean Air
Act (CAA or the Act).
DATES: This final rule is effective on
August 6, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2014–0378. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Adina Wiley, 214–665–2115,
wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
The background for this action is
discussed in detail in our April 27, 2015
proposal. See 80 FR 23245. In that
document, we proposed to approve the
January 7, 2014, Arkansas SIP revision;
a submittal that included PSD
permitting provisions adopted on June
28, 2013, at the Arkansas Pollution
Control and Ecology Commission’s
(‘‘Commission’’) Regulation Number 19,
Regulations of the Arkansas Plan of
Implementation for Air Pollution
Control (hereinafter Regulation 19 at
19.904(A)(1) and (G)(1)). These revisions
to the PSD program provide the
Arkansas Department of Environmental
Quality (ADEQ) the ability to issue GHG
PSD PALs consistent with the
‘‘Prevention of Significant Deterioration
and Title V Greenhouse Gas Tailoring
Rule Step 3 and GHG Plantwide
Applicability Limits Final Rule’’ (77 FR
41051) and recent litigation surrounding
the permitting of GHGs.1 The January 7,
1 As explained more fully in our April 27, 2015,
proposed rulemaking; the U.S. Supreme Court
E:\FR\FM\07JYR1.SGM
Continued
07JYR1
Agencies
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38623-38625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16621]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0422]
RIN 1625-AA00
Safety Zone: Underwater Vessel Testing, San Francisco Bay, San
Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of San Francisco Bay in San Francisco, CA near Hunters
Point, in support of the Underwater Vessel Testing. This safety zone is
established to ensure the safety of the testing 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 without actual notice from July 7, 2015
until October 31, 2015. For purposes of enforcement, actual notice will
be used from July 1, 2015 until July 7, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0422. 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 Marcia Medina, U.S. Coast
Guard Sector San Francisco; telephone (415) 399-7443 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
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.'' The Coast Guard received the information about the event on
May 11, 2015, and the event would occur before the rulemaking process
would be completed. Due to the short timeframe for issuing this safety
zone, we find that it is impracticable to solicit comments for this
temporary final rule.
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 for similar reasons listed above.
Due to the time constraints noted, it is impracticable to give 30 days
notice before the effective date of this rule.
B. Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C 1231; 50 U.S.C.
191, 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to establish safety zones.
The Office of the Secretary of Defense will host Underwater Vessel
Testing periodically between July 1 through October 31, 2015 in the
navigable waters of San Francisco Bay in San Francisco, CA near
Hunter's Point. The safety zone is needed to establish a temporary
restricted area on the waters surrounding the testing. A restricted
area is necessary 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 testing. The Underwater Vessel Testing Safety Zone
establishes a temporary restricted area on the water within an area
connecting the following points: 37[deg]43'30'' N., 122[deg]21'6'' W.;
37[deg]43'53'' N., 122[deg]19'17'' W.; 37[deg]41'34'' N.,
122[deg]20'30'' W.; 37[deg]41'56'' N., 122[deg]18'42'' W.; thence back
to the point of origin (NAD 83). Periods of enforcement will be
requested by the Office of the Secretary of Defense with one week
notice and approved by the COTP. This safety zone will be enforced for
a duration of 6 to up to 72 hours as announced via Broadcast Notice to
Mariners periodically between July 1 through October 31, 2015. At the
conclusion of the testing evolution the safety zone shall terminate for
each evolution.
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the testing. 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 away from the vicinity of the testing to
ensure the safety of 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
[[Page 38624]]
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We expect the economic impact of this rule 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
[[Page 38625]]
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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T11-681 to read as follows:
Sec. 165.T11-681 Safety zone; Underwater Vessel Testing, San
Francisco Bay, San Francisco, 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]43'30'' N., 122[deg]21'6'' W.;
37[deg]43'53'' N., 122[deg]19'17'' W.; 37[deg]41'34'' N.,
122[deg]20'30'' W.; 37[deg]41'56'' N., 122[deg]18'42'' W. (NAD 83);
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 for a duration of 6 to up to 72 hours, as
announced via Broadcast Notice to Mariners, periodically between on
July 1 through October 31, 2015. 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 Sec. 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 the enforcement of the safety zone.
(d) Regulations. (1) Under the general regulations in subpart C of
this part, 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: May 18, 2015.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2015-16621 Filed 7-6-15; 8:45 am]
BILLING CODE 4910-15-P