[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Rules and Regulations]
[Pages 43161-43164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17946]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0459]
RIN 1625-AA00


Special Local Regulation; San Francisco Bay Navy Fleetweek Parade 
of Ships and Blue Angels Demonstration

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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SUMMARY: The Coast Guard is amending the special local regulation for 
the San Francisco Bay Navy Fleetweek Parade of Ships and Blue Angels 
Demonstration. The amendment will increase the restricted area 
surrounding U.S. Navy parade vessels operating in regulated area 
``Alpha'' from 200 yards to 500 yards. When the special local 
regulation is activated and subject to enforcement, this rule would 
limit the movement of vessels within 500 yards of any Navy parade 
vessel.

DATES: This rule is effective August 23, 2012. Comments and related 
material must be received by the Coast Guard on or before August 23, 
2012.
    Requests for public meetings must be received by the Coast Guard on 
or before August 13, 2012.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2012-0459. 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.
    You may submit comments identified by docket number USCG-2012-0459 
using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant DeCarol Davis, U.S. Coast Guard Sector San 
Francisco, Waterways Management Division; telephone 415-399-7443, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V.

[[Page 43162]]

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
SLR Special Local Regulation

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0459) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0459) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The special local regulation for the San Francisco Bay Navy 
Fleetweek Parade of Ships and Blue Angels Demonstration (``SLR'') is 
established in 33 CFR 100.1105. This rule amends section (1), paragraph 
(c) of 33 CFR 100.1105 to expand the restricted area surrounding Navy 
parade vessels operating in the regulated area from 200 yards to 500 
yards. The reason for this amendment is that we wish to align the SLR 
with the most up-to-date Coast Guard security enforcement procedures 
and incorporate language that adds to the transparency of the 
regulation for the public, enabling potential spectators of the San 
Francisco Fleetweek events to better understand, and prepare for, the 
Coast Guard's forthcoming enforcement actions.
    The most recent Coast Guard security procedures, which generally 
call for a 500-yard restricted area around patrolled vessels, are still 
being evaluated to determine whether 500 yards can be effectively 
enforced given the level of on-water activity experienced during the 
San Francisco Bay Fleetweek events. During Fleetweek, there are 
substantially more recreational users on the water as spectators, and 
this crowding may ultimately require the Coast Guard to enforce a 
perimeter that is larger or smaller than the 500 yards prescribed in 
this rule. This amendment is being promulgated as an interim rule to 
implement immediate security measures needed for safety during 
Fleetweek events and to allow for subsequent changes to the rule should 
the restricted area surrounding parade vessels need to increase or 
decrease.
    The Coast Guard is issuing this interim 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)(1)(B), we find that good cause exists 
for not publishing a notice of proposed rulemaking (NPRM) with respect 
to this rule because publishing an NPRM would be unnecessary.
    The existing SLR, which this rule intends to amend, presently 
authorizes the Coast Guard to forbid and control the movement of 
vessels in the regulated areas defined in 33 CFR 100.1105(b). Although 
this rule amends the SLR to expand the restricted area surrounding the 
Navy parade vessel, this expansion remains within the previously 
defined regulated area in which the Coast Guard already has the 
authority to control vessel movement. This interim rule does not expand 
or contract the authorities promulgated in the existing SLR. The rule 
merely amends the current SLR language to reflect the most up-to-date 
Coast Guard enforcement procedures and provide the public notice of the 
enforcement actions that will be implemented within the existing 
regulated area. As this amendment provides the public with notice of 
the Coast Guard's enforcement strategies and does not change the scope 
of the SLR, we find it unnecessary to publish an NPRM.

C. Basis and Purpose

    The San Francisco Bay Navy Fleetweek Parade of Ships and Blue 
Angels Demonstration occurs annually in early October on the navigable 
waters of San Francisco Bay in California. The SLR for these events 
does not currently contain language that mirrors the

[[Page 43163]]

current Coast Guard security zone enforcement procedures. Coast Guard 
security zone enforcement actions require that there be an adequate 
space cushion surrounding U.S. naval vessels, so that Coast Guard 
enforcement assets may respond to security threats at an appropriate 
distance from U.S. naval vessels to prevent injury, loss of life or 
property damage. This amendment is necessary to reflect the enforcement 
actions needed to provide for the safety and security of the 
participating U.S. Navy parade vessels, spectators, event participants, 
and other waterways users from sabotage, subversive acts, accidents, 
criminal actions, or other causes of a similar nature.
    The effect of this amendment will be to communicate to the public 
the Coast Guard's intention to further restrict general navigation in 
the vicinity of the Navy Fleetweek Parade of Ships, within the existing 
regulated area, from the start of the event until the conclusion of the 
event. When the special local regulation is activated, and thus subject 
to enforcement, this rule would limit the movement of vessels within 
500 yards of any Navy parade vessel.

D. Discussion of the Interim Rule

    The Coast Guard is amending paragraph (c)(1) of 33 CFR 100.1105, 
the special local regulation for the San Francisco Bay Navy Fleetweek 
Parade of Ships and Blue Angels Demonstration. The amendment will 
increase the restricted area surrounding U.S. Navy parade vessels 
operating in regulated area ``Alpha,'' which is defined in 33 CFR 
100.1105(b)(1), from 200 yards to 500 yards.
    Experiences during security zone enforcement operations, 
observations during boat tactics training, and discussions with 
Commanding Officers/Officers in Charge and tactical coxswains from 
Sector San Francisco's boat stations, has led the Coast Guard to 
determine that a 200-yard (183 meters) security zone is not adequate 
for protecting transiting vessels from sabotage, subversive acts, 
accidents, criminal actions, or other causes of a similar nature. A 500 
yard (457 meters) security zone increases reaction time, allows proper 
assessment of the situation, and improves the ability of the tactical 
coxswains to properly execute protective measures.
    The amendment will prohibit persons or vessels from entering or 
remaining within 500 yards of any Navy parade vessel.

E. 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 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 interim rule does 
not expand or contract the authorities promulgated in the existing SLR 
established in 33 CFR 100.1105. The rule merely amends the current SLR 
language to reflect the most up-to-date Coast Guard enforcement 
procedures and provide the public notice of the enforcement actions 
that will be implemented within the existing regulated area.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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. 
We expect this rule will affect the following entities, some of which 
may be small entities: owners and operators of vessels intending to 
fish, sightsee, transit, or anchor in the waters affected by the 
regulated areas. These regulations will not have a significant economic 
impact on a substantial number of small entities for several reasons: 
small vessel traffic will be able to pass safely around the area and 
vessels engaged in event activities, sightseeing and commercial fishing 
have ample space outside of the area governed by the special local 
regulations to engage in these activities. Small entities and the 
maritime public will be advised of implementation of the special local 
regulation via public notice to mariners or notice of implementation 
published in the Federal Register.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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. 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 would 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 would 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.

[[Page 43164]]

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 From Environmental Health Risks

    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 would not create an 
environmental risk to health or risk to safety that might 
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 would 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 rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use 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.

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 will increase the restricted area surrounding 
U.S. Navy parade vessels operating in regulated area ``Alpha,'' which 
is defined in 33 CFR 100.1105(b)(1), from 200 yards to 500 yards. This 
rule is categorically excluded from further review under paragraph 
34(a) 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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows: 33 
U.S.C. 1233.

0
2. In Sec.  100.1105 revise paragraph (c)(1) to read as follows:


Sec.  100.1105  San Francisco Bay Navy Fleetweek Parade of Ships and 
Blue Angels Demonstration.

* * * * *
    (c) * * *
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, in regulated area ``Alpha'' no person may enter or 
remain within 500 yards of any Navy parade vessel. No person or vessel 
shall anchor, block, loiter in, or impede the through transit of ship 
parade participants or official patrol vessels in regulated area 
``Alpha.''
* * * * *

    Dated: July 12, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-17946 Filed 7-23-12; 8:45 am]
BILLING CODE 9110-04-P