[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Rules and Regulations]
[Pages 27432-27434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11883]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0221]
RIN 1625-AA87


Security Zone; Golden Guardian 2010 Regional Exercise; San 
Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary security zones on 
the navigable waters of the San Francisco Bay in support of Golden 
Guardian 2010 Regional Exercise. These temporary security zones are 
necessary to provide for the safety of the U.S. Navy's Marine Mammal 
Project participants, U.S. Coast Guard, local law enforcement, their 
crews, and the public during the statewide port security full scale 
exercise. Persons and vessels are prohibited from entering into, 
transiting through, or anchoring within the temporary security zones 
unless authorized by the Captain of the Port or his designated 
representative.

DATES: This rule is effective from 8:50 a.m. through 2:10 p.m. on May 
18, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0221 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2010-0221 
in the ``Keyword'' box, and then clicking ``Search.'' This material is 
also available for inspection or copying at the 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, 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 e-mail Ensign Liezl Nicholas, Waterways 
Management, U.S. Coast Guard Sector San Francisco, Coast Guard; 
telephone 415-399-7442, e-mail [email protected]. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable since the 
logistical details of the operations were not presented to the Coast 
Guard with sufficient time to draft and publish an NPRM. It is also 
contrary to the public interest to delay the exercise because it is in 
the national interest to have a trained port security military response 
team.
    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 the same reasons indicated 
above.

Basis and Purpose

    The California Emergency Management Agency has requested that the 
Coast Guard enforce temporary security zones for operations on May 18, 
2010 at the Golden Guardian 2010 Regional Exercises, which is a 
statewide port security full scale exercise. The temporary security 
zones will encompass all navigable waters within 100 yards of the 
participating vessels. The temporary security zones are needed to 
protect the U.S. Navy's Marine Mammal Project participants, the U.S. 
Coast Guard, local law enforcement, their crews, and the public during 
operations from sabotage or other subversive acts, accidents, criminal 
actions or other causes of a similar nature.

Discussion of Rule

    The Coast Guard is establishing temporary security zones that would 
be enforced on May 18, 2010 from 8:50 a.m. to 2:10 p.m. These security 
zones include all navigable waters within 100 yards of the nearest 
point of the vessels involved in the Golden Guardian 2010 Regional 
Exercises. The vessels will be located at approximately 
37[deg]47[min]33[sec] N and 122[deg]18[min]00[sec] W; 
37[deg]49[min]12.30[sec] N and

[[Page 27433]]

122[deg]18[min]49.23[sec] W; 37[deg]46[min]39.37[sec] N and 
122[deg]23[min]12.64[sec] W (NAD 83).
    Persons and vessels will be prohibited from entering into, 
transiting through, or anchoring within the temporary safety zones 
unless authorized by the Captain of the Port, or his designated 
representative.
    The temporary security zones will be enforced by Coast Guard patrol 
craft and San Francisco Harbor Police as authorized by the Captain of 
the Port. See 33 CFR 6.04-11, Assistance of other agencies.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    It is not ``significant'' under the regulatory policies and 
procedures of the Department of Homeland Security (DHS). Due to 
National Security interests, the implementation of these temporary 
security zones are necessary for the protection of the United States 
and its people. The size of the zones are the minimum necessary to 
provide adequate protection for the U.S. Navy's Marine Mammal Project 
participants, the U.S. Coast Guard, local law enforcement, their crews, 
adjoining areas and the public. Most of the entities likely to be 
affected are pleasure craft engaged in recreational activities and 
sightseeing. Any hardships experience by persons or vessels are 
considered minimal compared to the national interest in protecting U.S. 
Navy's Marine Mammal Project participants, the U.S. Coast Guard, local 
law enforcement vessels, their crews, and the public. Accordingly, full 
regulatory evaluation under paragraph 10(e) of the regulatory policies 
and procedures of the DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 vessels intending to transit 
or anchor in a portion of the San Francisco Bay on May 18, 2010.
    The security zones 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. Before the effective period, 
the Coast Guard will issue local notice to mariners (LNM) and broadcast 
notice to mariners (BNM) alerts via VHF-FM marine channel 16 before the 
security zone is enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office

[[Page 27434]]

of Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves the establishment of 
security zones.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add new temporary Sec.  165.T11-308 to read as follows:


Sec.  165.T11-308  Security Zone; Golden Guardian 2010 Regional 
Exercise; San Francisco Bay, San Francisco, CA.

    (a) Location. All navigable waters within 100 yards of the exercise 
vessels while at positions: 37[deg]47'33'' N and 122[deg]18'00'' W; 
37[deg]49'12.30'' N and 122[deg]18'49.23'' W; 37[deg]46'39.37'' N and 
122[deg]23'12.64'' W (NAD 83).
    (b) Enforcement Period. This section will be enforced from 8:50 
a.m. through 2:10 p.m. on May 18, 2010. If the operation concludes 
prior to the scheduled termination time, the Captain of the Port San 
Francisco will cease enforcement of the security zones and will make 
the announcement via Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to these 
sections: designated representative means any commissioned, warrant, 
and petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and federal law enforcement vessels who 
have been authorized to act on the behalf of the Captain of the Port 
San Francisco.
    (c) Regulations. (1) Entry into, transit through or anchoring 
within this security zone is prohibited unless authorized by the 
Captain of the Port San Francisco or designated representative.
    (2) Mariners requesting permission to transit through the security 
zones may request authorization to do so from the Patrol Commander 
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port San Francisco or designated 
representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: May 5, 2010.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2010-11883 Filed 5-13-10; 4:15 pm]
BILLING CODE 9110-04-P