[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Rules and Regulations]
[Pages 38584-38586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15496]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0388]
RIN 1625-AA00


Safety Zone; San Diego Symphony Summer POPS Fireworks 2013 
Season, 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 Summer 
POPS Fireworks 2013 season. 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 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.

DATES: This rule is effective from 9 p.m. on June 27, 2013, to 10 p.m. 
on September 1, 2013. This rule will be enforced from 9 p.m. to 10 p.m. 
on the following evenings: June 27 through June 29, July 5, 6, 12, 13, 
19, 20, 26, and 27, August 2, 3, 9 10, 16, 17, 23, 24, 30, 31, and 
September 1, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0388]. 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 Deborah Metzger, 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 Barbara Hairston, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 38585]]

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 publishing an NPRM would be 
impracticable. The Coast Guard did not receive necessary information 
from the event sponsor in time to publish a notice of proposed 
rulemaking. The event is scheduled to take place, and as such, 
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), for the same reasons mentioned above, the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register. Delaying 
the effective date would be contrary to the public interest, since 
immediate action is needed to ensure the public's safety.

B. Basis and Purpose

    The legal basis for this temporary rule is the Ports and Waterways 
Safety Act which authorizes the Coast Guard to establish safety zones 
(33 U.S.C sections 1221 et seq.).
    Fireworks America is sponsoring the San Diego Symphony Summer POPS, 
which will include a fireworks presentation from a barge in San Diego 
Bay. The fireworks display is scheduled to occur between 9 p.m. on June 
27, 2013, to 10 p.m. on September 1, 2013. This rule will be enforced 
from 9 p.m. on June 27, 2013 to 10 p.m. on September 1, 2013. This rule 
will be enforced from 9 p.m. to 10 p.m. on the following evenings: June 
27 through June 29, July 5, 6, 12, 13, 19, 20, 26, and 27, August 2, 3, 
9 10, 16, 17, 23, 24, 30, 31, and September 1, 2013. This safety zone 
is necessary to provide for the safety of the crew, spectators, 
participants, 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. on June 27, 2013, to 10 p.m. on September 1, 2013. This 
rule will be enforced from 9 p.m. on June 27, 2013, to 10 p.m. on 
September 1, 2013. This rule will be enforced from 9 p.m. to 10 p.m. on 
the following evenings; June 27 through June 29, July 5, 6, 12, 13, 19, 
20, 26, and 27, August 2, 3, 9 10, 16, 17, 23, 24, 30, 31, and 
September 1, 2013. The safety zone will cover all navigable waters 
within 400 feet of the fireworks barge, located in approximate position 
32[deg]42'16'' N, 117[deg]09'59'' 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 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. This determination is 
based on the size, location and timing of the safety zone. The safety 
zone will be enforced for a relatively short time, 60 minutes, late at 
night when vessel traffic is low. It impacts a very small area of San 
Diego Bay, a circle about 800 feet in diameter. Commercial vessels will 
not be hindered by the safety zone. Recreational vessels can transit 
around the safety zone.

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.
    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 between 9 p.m. on June 27, 2013 
to 10 p.m. on September 1, 2013. This rule will be enforced from 9 p.m. 
on June 27, 2013 to 10 p.m. on September 1, 2013. This rule will be 
enforced from 9 p.m. to 10 p.m. on the following evenings: June 27 
through June 29, July 5, 6, 12, 13, 19, 20, 26, and 27, August 2, 3, 9 
10, 16, 17, 23, 24, 30, 31, and September 1, 2013.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
safety zone will only be in effect for one hour and 10 minutes late in 
the evening when vessel traffic is low. It impacts a very small area of 
San Diego Bay, a circle about 800 feet in diameter. Vessel traffic can 
transit safely around the safety 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

[[Page 38586]]

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 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 temporary 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.

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 Sec.  165.T11-568 to read as follows:


Sec.  165.T11-568  Safety Zone; San Diego Symphony Summer POPS 
Fireworks 2013 Season, San Diego, CA.

    (a) Location. The safety zone will include the area within 600 feet 
of the fireworks barge in approximate position 32[deg]42'16'' N, 
117[deg]09'59'' W.
    (b) Enforcement Period. This rule will be enforced from 9 p.m. on 
June 27, 2013 to 10 p.m. on September 1, 2013. This rule will be 
enforced from 9 p.m. to 10 p.m. on the following evenings: June 27 
through June 29, July 5, 6, 12, 13, 19, 20, 26, and 27, August 2, 3, 9, 
10, 16, 17, 23, 24, 30, 31, and September 1, 2013.
    (c) Definitions. The following definition applies to this section: 
Designated representative means any commissioned, warrant, or petty 
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, 
local, state, or federal law enforcement vessels who 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.
    (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, 2013.
S.M. Mahoney,
Captain, United States Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-15496 Filed 6-26-13; 8:45 am]
BILLING CODE 9110-04-P