[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Rules and Regulations]
[Pages 42647-42649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17709]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0490]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of San Diego Bay in support of the San Diego Symphony 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. 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: This rule is effective with actual notice from 9:00 p.m. on June 
23, 2012, until July 20, 2012. This rule is effective in the Federal 
Register from July 20, 2012 until 10:00 p.m. on September 2, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0490. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer David Varela, Waterways Management, U.S. 
Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, 
email [email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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) 
because publishing an NPRM would be impracticable. 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.
    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. Publication of an NPRM would be 
impracticable, since immediate action is needed to ensure the public's 
safety.

B. 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 safety zone will include the area within 400 feet of 
the firing barge. The sponsor will provide a chase boat to patrol the 
safety zone and inform vessels of the safety zone. This safety zone is 
necessary to provide for the safety of the crew, spectators, and other 
vessels and users of the waterway.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone that will be enforced 
from 9 p.m. to 10 p.m. on the following evenings: June 23, 29 and 30, 
July 1, 6 and 7, 13 and 14, 20 and 21, 27 and 28, August 3 and 4, 10 
and 11, 17 and 18, 24 and 25, 31, and September 1 and 2. The safety 
zone will include the area within 400 feet of the fireworks barge in 
approximate position 32[deg]42.13' N, 117[deg]10.01' W. The safety zone 
is necessary to provide for the safety of the crew, spectators, 
participants, and other vessels and users of the waterway. When this 
safety zone is being enforced, persons and vessels are prohibited from 
entering into, transiting through, or anchoring within this safety zone 
unless authorized by the Captain of the Port, or his designated 
representative.

D. 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.

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. This determination is 
based on the size and location of the safety zone. Commercial vessels 
will not be hindered by the safety zone. Recreational vessels will not 
be allowed to transit through the designated safety zone during the 
specified times.

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 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.
    (1) 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 San Diego Bay from 9 p.m. to 10 p.m. 
from June 23 through September 2, 2012.
    (2) This safety zone will not have a significant economic impact on 
a substantial number of small entities for the following reasons: The 
safety zone impacts a relatively small area, and will only be in 
enforced for one hour at a time, late in the evening when vessel 
traffic is low.

[[Page 42648]]

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T11-497 to read as follows:


Sec.  165.T11-497  Safety Zone; San Diego Symphony POPS Fireworks; San 
Diego, California.

    (a) Location. The safety zone will include the area within 400 feet 
of the fireworks barge in approximate position 32[deg]42.13' N, 
117[deg]10.01' W.
    (b) Enforcement Period. This safety zone will be enforced from 9 
p.m. to 10 p.m. on the following evenings; June 23, 29, and 30, July 1, 
6 and 7, 13 and 14, 20 and 21, 27 and 28, August 3 and 4, 10 and 11, 17 
and 18, 24 and 25, 31, and September 1 and 2, 2012.
    (c) Definitions. The following definition applies to this section: 
designated representative means any commissioned, warrant, or petty 
officer of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, 
local, state, or federal law enforcement vessels that have been 
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) In accordance with general regulations in 33 
CFR part 165, subpart C, entry into, transit through or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port of San Diego or his designated representative.

[[Page 42649]]

    (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.
    (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: June 13, 2012.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2012-17709 Filed 7-19-12; 8:45 am]
BILLING CODE 9110-04-P