[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Rules and Regulations]
[Pages 48046-48048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18986]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0666]
RIN 1625-AA00


Safety Zone; Kuoni Destination Management 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 the San Diego Bay in support of the Kuoni Destination 
Management Fireworks Display on August 6, 2013. This temporary 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 8:30 p.m. to 9:15 p.m. on August 6, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0666]. 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 First Class Bryan Gollogly, 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:

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 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 an NPRM with respect to this rule 
because doing so would be impracticable. The final details for this 
event were not received by the Coast Guard with sufficient time to 
publish an NPRM. Thus, delaying this rule to wait for a comment period 
to run would be impracticable because it would inhibit the Coast 
Guard's ability to protect the public from the potential hazards 
associated with fireworks displays. Immediate action is required to 
ensure the safety zone is in place to protect participants, crew, 
spectators, participating vessels, and other vessels and users of the 
waterway during the event.

B. Basis and Purpose

    The Ports and Waterways Safety Act gives the Coast Guard authority 
to create and enforce safety zones. The Coast Guard is establishing a 
temporary safety zone on the navigable waters of the San Diego Bay for 
the Kuoni Destination Management fireworks event on August 6, 2013. 
This safety zone is necessary to provide for the safety of the 
participants, crew, spectators, sponsor vessels, and other users of the 
waterway.

[[Page 48047]]

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard is establishing a safety zone that will be enforced 
on August 6, 2013, from 8:30 p.m. to 9:15 p.m. The limits of the safety 
zone will be the navigable waters of San Diego Bay within 500 feet of 
the tug and barge, located approximately 550 feet off of the San Diego 
Broadway Pier at position: 32[deg]42'56.20'' N, 117[deg]10'39.36'' W.
    This safety zone is necessary to ensure unauthorized personnel and 
vessels remain safe by keeping clear during the fireworks show. Persons 
and vessels would 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.
    Before the effective period, the Coast Guard will publish a Coast 
Guard District Eleven Local Notice to Mariners information on the event 
and associated safety zone. Immediately before and during the fireworks 
event, Coast Guard Sector San Diego Joint Harbor Operations Center will 
issue Broadcast Notice to Mariners on the location and enforcement of 
the safety zone.
    Vessels will be able to transit the surrounding area and may be 
authorized to transit through the safety zone with the permission of 
the Captain of the Port of the designated representative. Before 
activating the zones, the Coast Guard will notify mariners by 
appropriate means including but not limited to Local Notice to Mariners 
and Broadcast Notice to Mariners.

D. 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 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, duration and location of the safety zone. The safety 
zone is relatively small in size, less than half a mile across, short 
in duration, 45 minutes long, and traffic would be allowed to pass 
through the zone with the permission of the Captain of the Port. 
Additionally, before the effective period, the Coast Guard will publish 
a Local Notice to Mariners.

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.
    (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 the impacted portion of the San Diego Bay on 
August 6, 2013, between 8:30 p.m. and 9:15 p.m.
    (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 will only be in effect for forty five minutes late in the 
evening when vessel traffic is low. Vessel traffic can safely transit 
around the safety zone while the zone is in effect.

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

[[Page 48048]]

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.

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.T11-583 to read as follows:


Sec.  165.T11-583  Safety Zone; Kuoni Destination Management Fireworks; 
San Diego, CA.

    (a) Location. The limits of the safety zone will include all the 
navigable waters within 500 feet of the nearest point of the fireworks 
barge in approximate position 32[deg]42'56.20'' N 117[deg]10'39.36'' W.
    (b) Enforcement Period. This section will be enforced from 8:30 
p.m. to 9:15 p.m. on August 6, 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, 
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 safety zone is prohibited unless authorized by the Captain 
of the Port of San Diego or his designated representative.
    (2) All persons and vessels shall comply to the instructions of the 
Coast Guard Captain of the Port of his designated representative.
    (3) Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, a 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: July 25, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-18986 Filed 8-6-13; 8:45 am]
BILLING CODE 9110-04-P