[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Rules and Regulations]
[Pages 37971-37973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15162]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0482]
RIN 1625-AA87


Security Zone; Naval Exercise; Pacific Ocean, Coronado, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone in 
the vicinity of Naval Anchorage 172, offshore of Silver Strand Beach, 
Coronado, CA. This security zone is to restrict vessels to a 1000 yard 
exclusion zone and a 1500 yard minimum speed zone from an anchored 
naval high value unit vessel during a Naval exercise, which will be 
conducted by the United States Navy. This temporary security zone is 
necessary to protect the public from the hazards associated with this 
evolution.

DATES: This rule will be enforced with actual notice from 12:01 a.m. on 
June 8, 2013, until June 25, 2013. This rule is effective in the Code 
of Federal Regulations from June 25, 2013, until 11:59 p.m. on July 3, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0482]. 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 Lieutenant John Bannon, Chief Waterways Management, U.S. 
Coast Guard Sector San Diego; Coast Guard; telephone 619-278-7267, 
email [email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, 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) 
with respect to this rule because an NPRM would have been 
impracticable. Logistical details surrounding this exercise were not 
finalized nor presented to the Coast Guard in time to draft and publish 
an NPRM as well as the sensitive nature of the cargo handled and 
security of a national high value unit and not alerting the public in 
greater detail to the exercise dates, times, and location.
    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. An NPRM would be impracticable and 
contrary to the public interest because details of this exercise were 
not known in time and immediate action is needed to ensure public 
safety due to the nature of the operation.

B. Basis and Purpose

    The United States Navy will lead a naval exercise offshore of 
Silver Strand, Coronado at Naval Anchorage 172. This temporary security 
zone is necessary to ensure non-authorized vessels remain safely away 
from naval operations by keeping clear of the restricted area during 
the proposed 26-day exercise. The Naval Vessel Protection Zone provides 
for security of naval vessels, however an increased secure zone is 
necessary due to the nature of the operation. Should operations end 
before the final proposed exercise date, the temporary security will 
end also.

C. Discussion of the Final Rule

    The Coast Guard is establishing this temporary security zone that 
would be enforced from 12:01 a.m. on June 8, 2013, through 11:59 p.m. 
on July 3, 2013. The limits of the security zone will encompass all 
waters within a 1000 yard exclusion zone and a 1500 yard minimum speed 
zone from the United States Naval vessels. This security zone is 
necessary to ensure non-authorized

[[Page 37972]]

personnel and vessels remain safe by keeping clear of the hazardous 
area during the naval operations. Persons and vessels are prohibited 
from entering into, transiting through, or anchoring within this 
security 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 these statutes and 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. We expect the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
is unnecessary.
    This determination is based on the size and location of the 
security zone. Recreational vessels will not be allowed to transit 
through the designated security zone during the specified times, 
however ample space to maneuver and use the waterway around the 
anchorage zone exists. This portion of the waterway is administered by 
the U.S. Navy for anchorage use and naval exercises are historically 
common in the vicinity of shoreside Naval bases. The limited access 
area will only be enforced as long as the operation is ongoing. Should 
operations end before the final proposed exercise date, the temporary 
security will end also.

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 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. Vessel traffic can pass safely around the security 
zone.

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

[[Page 37973]]

of a category of actions that do not individually or cumulatively have 
a significant effect on the human environment. This rule involves the 
establishment of a temporary security zone to support the security of a 
naval vessel. This rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A 
Categorical Exclusion Determination and environmental checklist 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. 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 temporary Sec.  165.T11-577 to read as follows:


Sec.  165.T11-577  Security Zone; Naval Exercise; Pacific Ocean, 
Coronado, CA.

    (a) Location. The limits of the security zone will encompass all 
waters within a 1000 yard exclusion zone and a 1500 yard minimum speed 
zone from the United States Naval vessels at the Naval Anchorage 172 
approximate position: 32[deg]38'30.8'' N, 117[deg]11'30.0'' W.
    (b) Enforcement Period. This section will be enforced from 12:01 
a.m. on June 8, 2013 through 11:59 p.m. on July 3, 2013. If the 
operation is concluded prior to the scheduled termination time, the 
Captain of the Port will cease enforcement of this security zone and 
will announce that fact via Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section: 
designated representative, means any commissioned, warrant, or petty 
officers of the 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.
    (d) Regulations. (1) Entry into, transit through or anchoring 
within this security zone is prohibited unless authorized by the 
Captain of the Port of San Diego or the designated U.S. Navy 
representative.
    (2) Mariners requesting permission to transit through the security 
zone may request authorization to do so from the Naval Vessel at 
anchorage, U.S. Naval security team or from the Coast Guard Sector San 
Diego Joint Harbor Operations Center.
    (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. The Coast Guard may be assisted by other 
federal, state, or local agencies.

    Dated: June 7, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-15162 Filed 6-24-13; 8:45 am]
BILLING CODE 9110-04-P