Special Local Regulation; Bay Guardian Exercise, Treasure Island, San Francisco, CA, 13998-14000 [2021-05258]
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13998
Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
Regulatory Enforcement Fairness Act of
1996, Public Law 104–121, 110 Stat.
847, 868, et seq.
D. Executive Order 13132 (Federalism)
This final rule would not have
substantial direct effects 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. Therefore, in
accordance with section 6 of E.O. 13132,
it is determined that this final rule does
not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement.
E. Executive Order 12988 (Civil Justice
Reform)
This final rule meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of E.O. 12988.
F. Regulatory Flexibility Executive Order
13175 (Consultation and Coordination
With Indian Tribal Governments)
This final rule does not have ‘‘tribal
implications’’ because it does not have
substantial direct effects 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.
Accordingly, E.O. 13175, Consultation
and Coordination with Indian Tribal
Governments, requires no further
agency action or analysis.
G. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA), 44 U.S.C. 3501, et seq., and its
attendant regulations, 5 CFR part 1320,
require the Department to consider the
agency’s need for its information
collections and their practical utility,
the impact of paperwork and other
information collection burdens imposed
on the public, and how to minimize
those burdens. This final rule does not
require a collection of information
subject to approval by OMB under the
PRA, or affect any existing collections of
information.
Suzan G. LeVine,
Principal Deputy Assistant Secretary for
Employment and Training, Labor.
[FR Doc. 2021–05269 Filed 3–11–21; 8:45 am]
19:32 Mar 11, 2021
Coast Guard
33 CFR Part 100
[Docket No. USCG–2021–0118]
RIN 1625–AA08
Special Local Regulation; Bay
Guardian Exercise, Treasure Island,
San Francisco, CA
AGENCY:
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary special local
regulation (SLR) in the navigable waters
of the San Francisco Bay, near Treasure
Island, San Francisco, CA in support of
the Bay Guardian 2021 exercise. This
special local regulation will temporarily
restrict vessel traffic in the vicinity of
Treasure Island and prohibit vessels and
persons not participating in the exercise
from entering the regulated area. The
purpose of the exercise it to use
radioactive detection equipment in a
mock scenario. The exercise will be
interrupted, as necessary, to permit the
passage of commercial vessel traffic.
Exercise participants and nonparticipants operating within the SLR
area shall comply with all instructions
given by the on-scene Patrol
Commander monitoring the event. This
regulation is necessary to provide safety
of life on the navigable waters during
the exercise, which will be held on
March 17, 2021.
SUMMARY:
This rule is effective from 8 a.m.
to 6 p.m. on March 17, 2021.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0118 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Anthony Solares,
Waterways Management, U.S. Coast
Guard; telephone (415) 399–7443, email
SFWaterways@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
§ Section
U.S.C. United States Code
BILLING CODE 4510–FP–P
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DEPARTMENT OF HOMELAND
SECURITY
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II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The Coast Guard did not
receive final details for this event until
February 22, 2021. The Coast Guard
must establish this safety zone by March
17, 2021 and lacks sufficient time to
provide a reasonable comment period
and consider those comments before
issuing the 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. Delaying the effective date of
this rule would be contrary to public
interest because this regulation is
needed on March 17, 2021, less than 30
days after the Coast Guard received the
final details of the event, in order to
keep vessels away from the immediate
vicinity of the exercise to ensure the
safety of exercise participants, mariners,
and transiting vessels.
III. Legal Authority and Need for Rule
The legal basis for the proposed rule
is 46 U.S.C. 70041 (previously 33 U.S.C.
1233). Under 33 CFR 100.35, the Coast
Guard District Commander has
authority to promulgate certain special
local regulations deemed necessary to
ensure the safety of life on the navigable
waters immediately before, during, and
immediately after an approved regatta or
marine parade. The Commander of
Coast Guard District 11 has delegated to
the Captain of the Port (COTP) San
Francisco the responsibility of issuing
such regulations.
The regulation establishes a regulated
area on the waters on which the Bay
Guardian exercise will be held. The
regulated area is necessary to ensure the
safety of exercise participants and
mariners transiting near the exercise
area.
IV. Discussion of the Rule
The Bay Guardian 2021 exercise will
occur in the navigable waters of San
Francisco Bay, near Treasure Island, CA,
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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
within an area bounded by a line
beginning at position 37°50′48.9″ N,
122°23 45.4″ W; thence to position
37°50′51.1″ N, 122°22′14.1″ W; thence to
position 37°49′14.0″ N, 122°21′18.1″ W;
thence to position 37°49′8.4″ N,
122°21′28.7″ W; thence to position
37°49′13.3″ N, 122°21′48.4″ W; thence
along Treasure island shoreline to
position 37°49′22.3″ N, 122°21′44.4″ W,
thence along Treasure island shoreline
to position 37°50′1.1″ N, 122°22′12.1″
W; thence to position 37°50′1.1″ N,
122°23′46″ W; and thence to the point
of beginning.
This rule will be enforced before,
during, and immediately after the event,
from 8 a.m. to 6 p.m. on March 17, 2021,
or as broadcasted via BNM.
Except for persons or vessels
authorized by the Captain of the Port or
a designated representative, no vessel
may enter or remain in the restricted
area. A ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel or a
Federal, State, or local officer
designated by or assisting the COTP in
enforcement of the restricted area.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the limited duration and
narrowly tailored geographic area of the
restricted area. Although this rule
restricts access to the water of the
encompassed area, the effect of this rule
will not be significant because the local
waterway users will be notified to
minimize impact. The vessels desiring
to transit through or around the
temporary restricted area may do so
upon express permission from the COTP
or the COTP’s designated representative.
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19:32 Mar 11, 2021
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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.
While some owners or operators of
vessels intending to transit the
temporary regulated area may be small
entities, for the reasons stated in section
V.A. above, this rule will not have a
significant economic impact on any
vessel owner or operator.
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 section.
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.
C. 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).
D. Federalism and Indian Tribal
Governments
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
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13999
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (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 a
special local regulation of limited size
and duration which will be in active use
by exercise participant during the 10hour enforcement period. It is
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
G. 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.
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14000
Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners
and by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from 8 a.m. to 6 p.m.
on March 17, 2021.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
Dated: March 9, 2021.
H.H. Wright,
Captain, U.S. Coast Guard, Alternate Captain
of the Port.
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T11–049 to read as
follows:
[FR Doc. 2021–05258 Filed 3–11–21; 8:45 am]
BILLING CODE 9110–04–P
(a) Regulated area. The regulations in
this section apply to the following area:
The navigable waters of San Francisco
Bay, near Treasure Island, CA, bounded
by a line beginning at position
37°50′48.9″ N, 122°23 45.4″ W; thence
to position 37°50′51.1″ N, 122°22′14.1″
W; thence to position 37°49′14.0″ N,
122°21′18.1″ W; thence to position
37°49′8.4″ N, 122°21′28.7″ W; thence to
position 37°49′13.3″ N, 122°21′48.4″ W;
thence along Treasure island shoreline
to position 37°49′22.3″ N, 122°21′44.4″
W, thence along Treasure island
shoreline to position 37°50′1.1″ N,
122°22′12.1″ W; thence to position
37°50′1.1″ N, 122°23′46″ W; and thence
to the point of beginning.
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port (COTP) San
Francisco in the enforcement of the
regulations in this section.
Participant means all persons and
vessels registered with the event
sponsor as a participant in the exercise.
(c) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the Captain
of the Port (COTP) San Francisco or
their designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling the Sector
Command Center at 415–399–3547.
Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
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19:32 Mar 11, 2021
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2020–0711; FRL–10021–
10–Region 7]
Air Plan Approval; Kansas; Removal of
Kansas City, Kansas Reid Vapor
Pressure Fuel Requirement
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
Implementation Plan (SIP) for the State
of Kansas. This final action will amend
the SIP to remove the Kansas City,
Kansas low Reid Vapor Pressure (RVP)
fuel requirement which required
gasoline sold in the Kansas City, Kansas
area to have a seven pounds per square
inch (psi) Reid Vapor Pressure from
June 1 to September 15. The majority of
the state is subject to the Clean Air Act
(CAA) nine pounds per square inch
Reid Vapor Pressure fuel requirement
from June 1 to September 15. In
addition, the EPA has issued a separate
proposal for the Missouri side of the
Kansas City metropolitan area.
DATES: This final rule is effective on
April 12, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2020–0711. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI 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 through https://
www.regulations.gov or please contact
SUMMARY:
PO 00000
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Fmt 4700
Jed
D. Wolkins, Environmental Protection
Agency, Region 7 Office, Air Quality
Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7588;
email address: wolkins.jed@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
■
§ 100.T11–049 Special Local Regulation;
Bay Guardian Exercise, Treasure Island,
San Francisco, CA.
the person identified in the FOR FURTHER
section for
additional information.
INFORMATION CONTACT
Sfmt 4700
I. What is being addressed in this document?
II. Background
III. The EPA’s Response to Comments
IV. Have the requirements for approval of a
SIP revision been met?
V. What action is the EPA taking?
VI. Impacts on the Boutique Fuels List
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is approving a revision to
the Kansas SIP, submitted by the Kansas
Department of Health and Environment
(KDHE) on December 9, 2020. The
revision removes the seven psi RVP fuel
requirement for the Kansas City, Kansas,
area: Consisting of Johnson and
Wyandotte Counties. The former SIPapproved rule, K.A.R. 28–19–719,
required gasoline sold in the two
counties to have a RVP of seven psi or
less from June 1 through September 15.
After the effective date of this final
action, the Kansas City, Kansas area will
only be subject to the CAA RVP fuel
requirement of nine psi or less from
June 1 through September 15.
II. Background
The EPA established a 1-hour ozone
national ambient air quality standard
(NAAQS) in 1971.1 See 36 FR 8186
(April 30, 1971). On March 3, 1978, the
EPA designated Johnson and Wyandotte
Counties (hereinafter referred to in this
document as the ‘‘Kansas City area’’) in
nonattainment of the 1971 1-hour ozone
NAAQS, as required by the CAA
Amendments of 1977. See 43 FR 8962
(March 3, 1978). On February 8, 1979,
the EPA revised the 1-hour ozone
NAAQS, referred to as the 1979 ozone
1 The 1-hour ozone NAAQS was originally
promulgated as a photochemical oxidant standard.
See 36 FR 8186 (April 30, 1971). In 1979, the EPA
substituted the word ‘‘ozone’’ for ‘‘photochemical
oxidant.’’ See 44 FR 8202 (February 8, 1979). In
doing so, the EPA stated that ‘‘(t)he intent of the
standard (total-oxidant reduction), the control
strategies, and the index of Progress toward
attainment (measured ozone levels) remain
unchanged.’’ Id. at 8203.
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]]>Agencies
[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 13998-14000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05258]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2021-0118]
RIN 1625-AA08
Special Local Regulation; Bay Guardian Exercise, Treasure Island,
San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) in the navigable waters of the San Francisco Bay, near
Treasure Island, San Francisco, CA in support of the Bay Guardian 2021
exercise. This special local regulation will temporarily restrict
vessel traffic in the vicinity of Treasure Island and prohibit vessels
and persons not participating in the exercise from entering the
regulated area. The purpose of the exercise it to use radioactive
detection equipment in a mock scenario. The exercise will be
interrupted, as necessary, to permit the passage of commercial vessel
traffic. Exercise participants and non-participants operating within
the SLR area shall comply with all instructions given by the on-scene
Patrol Commander monitoring the event. This regulation is necessary to
provide safety of life on the navigable waters during the exercise,
which will be held on March 17, 2021.
DATES: This rule is effective from 8 a.m. to 6 p.m. on March 17, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0118 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Anthony Solares, Waterways Management, U.S.
Coast Guard; telephone (415) 399-7443, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive final details for this event until February 22, 2021.
The Coast Guard must establish this safety zone by March 17, 2021 and
lacks sufficient time to provide a reasonable comment period and
consider those comments before issuing the 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. Delaying the effective date of
this rule would be contrary to public interest because this regulation
is needed on March 17, 2021, less than 30 days after the Coast Guard
received the final details of the event, in order to keep vessels away
from the immediate vicinity of the exercise to ensure the safety of
exercise participants, mariners, and transiting vessels.
III. Legal Authority and Need for Rule
The legal basis for the proposed rule is 46 U.S.C. 70041
(previously 33 U.S.C. 1233). Under 33 CFR 100.35, the Coast Guard
District Commander has authority to promulgate certain special local
regulations deemed necessary to ensure the safety of life on the
navigable waters immediately before, during, and immediately after an
approved regatta or marine parade. The Commander of Coast Guard
District 11 has delegated to the Captain of the Port (COTP) San
Francisco the responsibility of issuing such regulations.
The regulation establishes a regulated area on the waters on which
the Bay Guardian exercise will be held. The regulated area is necessary
to ensure the safety of exercise participants and mariners transiting
near the exercise area.
IV. Discussion of the Rule
The Bay Guardian 2021 exercise will occur in the navigable waters
of San Francisco Bay, near Treasure Island, CA,
[[Page 13999]]
within an area bounded by a line beginning at position 37[deg]50'48.9''
N, 122[deg]23 45.4'' W; thence to position 37[deg]50'51.1'' N,
122[deg]22'14.1'' W; thence to position 37[deg]49'14.0'' N,
122[deg]21'18.1'' W; thence to position 37[deg]49'8.4'' N,
122[deg]21'28.7'' W; thence to position 37[deg]49'13.3'' N,
122[deg]21'48.4'' W; thence along Treasure island shoreline to position
37[deg]49'22.3'' N, 122[deg]21'44.4'' W, thence along Treasure island
shoreline to position 37[deg]50'1.1'' N, 122[deg]22'12.1'' W; thence to
position 37[deg]50'1.1'' N, 122[deg]23'46'' W; and thence to the point
of beginning.
This rule will be enforced before, during, and immediately after
the event, from 8 a.m. to 6 p.m. on March 17, 2021, or as broadcasted
via BNM.
Except for persons or vessels authorized by the Captain of the Port
or a designated representative, no vessel may enter or remain in the
restricted area. A ``designated representative'' means a Coast Guard
Patrol Commander, including a Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard vessel or a Federal, State, or
local officer designated by or assisting the COTP in enforcement of the
restricted area.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the restricted area.
Although this rule restricts access to the water of the encompassed
area, the effect of this rule will not be significant because the local
waterway users will be notified to minimize impact. The vessels
desiring to transit through or around the temporary restricted area may
do so upon express permission from the COTP or the COTP's designated
representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
temporary regulated area may be small entities, for the reasons stated
in section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
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
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 a
special local regulation of limited size and duration which will be in
active use by exercise participant during the 10-hour enforcement
period. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1.
G. 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.
[[Page 14000]]
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T11-049 to read as follows:
Sec. 100.T11-049 Special Local Regulation; Bay Guardian Exercise,
Treasure Island, San Francisco, CA.
(a) Regulated area. The regulations in this section apply to the
following area: The navigable waters of San Francisco Bay, near
Treasure Island, CA, bounded by a line beginning at position
37[deg]50'48.9'' N, 122[deg]23 45.4'' W; thence to position
37[deg]50'51.1'' N, 122[deg]22'14.1'' W; thence to position
37[deg]49'14.0'' N, 122[deg]21'18.1'' W; thence to position
37[deg]49'8.4'' N, 122[deg]21'28.7'' W; thence to position
37[deg]49'13.3'' N, 122[deg]21'48.4'' W; thence along Treasure island
shoreline to position 37[deg]49'22.3'' N, 122[deg]21'44.4'' W, thence
along Treasure island shoreline to position 37[deg]50'1.1'' N,
122[deg]22'12.1'' W; thence to position 37[deg]50'1.1'' N,
122[deg]23'46'' W; and thence to the point of beginning.
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port (COTP) San Francisco
in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participant in the exercise.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port (COTP) San Francisco or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling the Sector Command Center at 415-399-3547.
Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 8 a.m.
to 6 p.m. on March 17, 2021.
Dated: March 9, 2021.
H.H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port.
[FR Doc. 2021-05258 Filed 3-11-21; 8:45 am]
BILLING CODE 9110-04-P
