[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Rules and Regulations]
[Pages 19201-19203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08347]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0137]
RIN 1625-AA00


Safety Zone; Naval Helicopter Association (NHA) Red Bull 
Helicopter Demonstration; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of San Diego Bay for a helicopter aerial demonstration 
sponsored by the Naval Helicopter Association (NHA). This safety zone 
is established to ensure the safety of the helicopter aircrew, 
spectators, safety vessels, and other vessels and users of the 
waterway. Unauthorized 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. 
The Coast Guard requests public comments on the temporary safety zone.

DATES: This rule is effective from 6:30 p.m. to 7:30 p.m. on May 12, 
2015. Public comments must be received by May 11, 2015.

ADDRESSES: Submit comments using one of the listed methods, and see 
SUPPLEMENTARY INFORMATION for more information on public comments.
    &sbull Online-http://www.regulations.gov following Web 
site instructions.
    &sbull Fax-202-493-2251.
    &sbull Mail or hand deliver-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. Hand delivery hours: 9 a.m. to 5 p.m., Monday through 
Friday, except Federal holidays (telephone 202-366-9329).
    Documents mentioned in this preamble are part of docket 
[USCG-2015-0137]. 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 Randolph Pahilanga, Waterways Management, 
U.S. Coast Guard Sector San Diego; telephone (619) 278-7656, 
email D11-PF-MarineEventsSanDiego@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, 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
TFR Temporary Final Rule

A. Public Participation and Comments

    We encourage you to submit comments (or related material) on this 
temporary final rule. We will consider all submissions and may adjust 
our final action based on your comments. Comments should be marked with 
docket number USCG-2015-0137 and should provide a reason 
for each suggestion or recommendation. You should provide personal 
contact information so that we can contact you if we have questions 
regarding your comments; but please note that all comments will be 
posted to the online docket without change and that any personal 
information you include can be searchable online (see the Federal 
Register Privacy Act notice regarding our public dockets, 73 FR 3316, 
Jan. 17, 2008).
    Mailed or hand-delivered comments should be in an unbound 8\1/2\ x 
11 inch format suitable for reproduction. The Docket Management 
Facility will acknowledge receipt of mailed comments if you enclose a 
stamped, self-addressed postcard or envelope with your submission.
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following the Web site's instructions. You can also view the docket at 
the Docket Management Facility (see the mailing address under 
ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

B. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule safety zone 
for a planned fifteen minute air show over San Diego Bay 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, 
because

[[Page 19202]]

immediate action is needed to minimize potential danger to the 
participants and the public during the event. Furthermore, the 
necessary information to determine whether the marine event poses a 
threat to persons and vessels was provided March 12, 2015, less than 60 
days before the event, which is insufficient time to publish an NPRM. 
The Coast Guard requests new marine event permit applications at least 
165 days in advance for proper environmental and administrative review 
of the event.
    Nevertheless, we are providing an opportunity for subsequent public 
comment and, should public comment show the need for modifications to 
the safety zone during the event, we may make those modifications 
during the event and will provide actual notice of those modifications 
to the affected public.

C. Basis and Purpose

    The legal basis and authorities for this temporary rule are found 
in 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; Public 
Law 107-295, 116 Stat. 2064; and Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
propose, establish, and define regulatory safety zones.
    The Coast Guard believes a temporary safety zone is needed on the 
navigable waters of the San Diego Bay to ensure public safety for the 
NHA Red Bull Helicopter Demonstration. This event involves a planned 
fifteen minute air show which flies over a portion of San Diego Bay. 
Because aerial stunt flying over busy waterways poses significant risk 
to public safety and property and the likely combination of large 
numbers of recreation vessels, congested waterways, and low flying 
could easily result in serious injuries or fatalities, a safety zone is 
necessary to safe guard spectators, vessels and the event pilots. For 
the safety concerns noted, it is important to have these regulations in 
effect during the event and impracticable to delay the regulations.

D. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone that will 
be enforced from 6:30 p.m. to 7:30 p.m. on May 12, 2015. This safety 
zone is necessary to provide for the safety of the helicopter aircrew, 
event spectators, safety patrol craft and to protect 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 their designated 
representative. Before the effective period, the Coast Guard will 
publish a local notice to mariners (LNM). Just prior to the event and 
during the enforcement of the event, the Coast Guard will issue a 
broadcast notice to mariners (BNM) alert via VHF Channel 16.
    This temporary safety zone will be bound by the following 
coordinates (North American Datum of 1983, World Geodetic System, 
1984): 32°43.05 N, 117°10.54 W, 32°43.05 N, 117°10.46 
W, 32°43.33 N, 117°10.54 W, 32°43.33 N, 117°13.46 W.

E. 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 proposed rule to be so minimal that a full Regulatory 
Evaluation is unnecessary. This determination is based on the size, 
location and limited duration of the safety zone. This zone impacts a 
small designated area of the San Diego bay for less than one hour. 
Furthermore, vessel traffic can safely 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 private and commercial vessels intending to transit or 
anchor in the impacted portion of the San Diego Bay from 6:30 p.m. 
through 7:30 p.m. on May 12, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessel 
traffic can pass safely around the zone. The Coast Guard will publish a 
local notice to mariners (LNM) and will issue broadcast notice to 
mariners (BNM) alerts via VHF Channel 16 before the safety zone is 
enforced.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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.

[[Page 19203]]

Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION 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 the establishment of a safety 
zone on the navigable waters of San Diego Bay. 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, 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.01.

0
2. Add §&thnsp165.T11-689 to read as follows:


§&thnsp165.T11-689  Safety zone; Naval Helicopter 
Association (NHA) Red Bull Helicopter Demonstration; San Diego Bay, San 
Diego, CA.

    (a) Location. The safety zone will encompass the navigable waters 
encompassed by the following coordinates (North American Datum of 1983, 
World Geodetic System, 1984): 32°43.05 N, 117°10.54 W, 
32°43.05 N, 117°10.46 W, 32°43.33 N, 117°10.54 W, 
32°43.33 N, 117°10.46 W.
    (b) Enforcement period. This section will be enforced from 6:30 
p.m. to 7:30 p.m. on May 12, 2015. If the event concludes prior to the 
schedule termination time, the COTP will cease enforcement of this 
safety 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 
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, 
or 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) Under the 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) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or his designated representative.
    (3) Upon being hailed by U.S. Coast Guard or designated patrol 
personnel by siren, radio, 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 in patrol and notification of the regulation.

    Dated: April 1, 2015.
J.A. Janszen,
Commander, U.S. Coast Guard, Acting, Captain of the Port San Diego.
[FR Doc. 2015-08347 Filed 4-9-15; 8:45 am]
 BILLING CODE 9110-04-P