[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Rules and Regulations]
[Pages 45693-45695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19321]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0567]
RIN 1625-AA00


Safety Zone; San Diego POPS Fireworks, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of San Diego Bay in support of the San Diego POPS 
Fireworks. This safety zone is necessary to provide for the safety of 
the participants, crew, spectators, participating vessels, and other 
vessels and users of the waterway during scheduled fireworks events. 
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 his designated representative.

DATES: Effective Date: This rule is effective in the CFR from August 1, 
2011 until 10 p.m., September 4, 2011. This rule is effective with 
actual notice for purposes of enforcement beginning 9 p.m. July 1, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0567 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0567 in the 
``Keyword'' box, and then clicking ``Search.'' They are 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 Petty Officer Shane Jackson, Waterways 
Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-
7262, 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 immediate action is necessary to 
ensure the safety of vessels, spectators, participants, and others in 
the vicinity of the marine event on the dates and times this rule will 
be in effect and delay would be impracticable.
    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 because delaying the effective date 
would be impracticable, since immediate action is needed to ensure the 
public's safety.

Basis and Purpose

    The San Diego Symphony Orchestra and Copley Symphony Hall are 
sponsoring the San Diego POPS Fireworks, which will include a fireworks 
presentation conducted from a barge in San Diego Bay. The barge will be 
located near the navigational channel in the vicinity of North 
Embarcadero. The temporary safety zone will be a 400-foot radius around 
the firing barge. The sponsor will provide a chase boat to patrol the 
safety zone and inform vessels of the safety zone. This temporary 
safety zone is necessary to provide for the safety of the crew, 
spectators, and other vessels and users of the waterway.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone that will 
be enforced from 9 p.m. to 10 p.m. on the following dates: July 1-3, 
July 8-9, July 15-16, July 22-23, July 29-30, August 5-6, August 12-13, 
August 19-20, August 26-27, and September 2-4, 2011. The limits of the 
safety zone will be a 400-foot radius around the anchored firing barge 
in approximate position 32[deg]42.13' N, 117[deg]10.01' W.
    The temporary safety zone is necessary to provide for the safety of 
the crews, spectators, and other vessels and users of the waterway. 
Persons and vessels will be prohibited from entering into, transiting 
through, or anchoring within the safety zone unless authorized by the 
Captain of the Port, or his designated representative.

[[Page 45694]]

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 and 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.
    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 limited duration and size and 
location of the safety zone. Recreational vessels will not be allowed 
to transit through the designated safety zone during the specified 
times. Vessels may transit through the safety zone with permission from 
the Captain of the Port San Diego or designated representative.

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 may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit or anchor in the specified waters of San Diego Bay within the 
safety zone.
    This rule 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 safety zone. Before the effective 
period, the Coast Guard will publish a local notice to mariners (LNM) 
and will issue broadcast notice to mariners (BNM) alerts via marine 
channel 16 VHF before the safety 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 cause 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 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.

[[Page 45695]]

    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 that 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 a temporary 
safety zone to protect the public from dangers associated with 
fireworks display. 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.

    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. 0170.1.


0
2. A new temporary zone Sec.  165.T11-431 to read as follows:


Sec.  165.T11-431;  Safety zone; San Diego POPS Fireworks, San Diego, 
CA.

    (a) Location. The limits of the safety zone will be a 400-foot 
radius around the anchored firing barge in approximate position 
32[deg]42.13' N, 117[deg]10.01' W.
    (b) Enforcement Period. This section will be enforced from 9 p.m. 
to 10 p.m. on the following dates: July 1-3, July 8-9, July 15-16, July 
22-23, July 29-30, August 5-6, August 12-13, August 19-20, August 26-
27, and September 2-4, 2011.
    (c) Definitions. The following definition applies to this section: 
designated representative means any commissioned, warrant, or petty 
officer of the Coast Guard on board a Coast Guard, Coast Guard 
Auxiliary, or local, state, or federal law enforcement vessel who has 
been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) 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 on scene.
    (2) Mariners requesting permission to transit through the safety 
zone may request authorization to do so from the Sector San Diego 
Command Center. The Command Center 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 or his designated representative. 
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.
    (4) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: June 27, 2011.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2011-19321 Filed 7-29-11; 8:45 am]
BILLING CODE 9110-04-P