[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58395-58397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20432]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0756]
RIN 1625-AA87


Security Zone; U.S. Navy/U.S. Coast Guard Assets Demonstration in 
Conjunction With Fleet Week San Diego, San Diego Bay; San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

[[Page 58396]]

SUMMARY: The Coast Guard is establishing a temporary 750-foot radius 
security zone on the navigable waters of the U.S. in San Diego Bay, San 
Diego, CA, in support of Fleet Week San Diego on September 10, 2016. 
This action is necessary to provide for the safety and security of U.S. 
Navy and U.S Coast Guard surface and aerial assets, crews, and support 
personnel who will be performing mission capability and search and 
rescue demonstrations. Unauthorized persons and vessels will be 
prohibited from entering into or remaining in the security zone unless 
authorized by the Captain of the Port San Diego or his designated 
representative.

DATES: This rule is effective from 11 a.m. until 2 p.m. on September 
10, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0756 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Robert Cole, Waterways Management, U.S. Coast Guard 
Sector San Diego, Coast Guard; telephone 619-278-7656, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
SMIB Safety Marine Information Broadcast
U.S.C. United States Code
VHF Very High Frequency

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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.''
    We did not publish a Notice of Proposed Rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM thirty days in advance of its 
publication in the Federal Register, because publishing an NPRM would 
be impracticable. The availability of assets and the desired location 
of the demonstration could not be confirmed in time to allow for a 
notice and comment period. Delay in this temporary rule's effective 
date would be detrimental to the immediate need to ensure the safety 
and security of U.S. Navy and U.S. Coast Guard assets and personnel.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable because of the immediate need 
to ensure the security of the U.S. Navy and U.S. Coast Guard assets and 
personnel.

III. Legal Authority and Need for Rule

    The legal basis and authorities for this temporary rule are found 
in 33 U.S.C. 1231, 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5, 
and 165.30; and Department of Homeland Security Delegation No. 0170.1, 
which collectively authorize the Coast Guard to propose, establish, and 
define regulatory security zones. The Coast Guard is establishing a 
temporary security zone on the navigable waters of the San Diego Bay to 
ensure the safety and security of U.S. Navy and U.S. Coast Guard assets 
and personnel in San Diego, CA, on September 10, 2016.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary security zone that will 
be enforced from 11:00 a.m. to 2:00 p.m. on September 10, 2016. This 
security zone will encompass the waters within a 750-foot radius 
centered at the following coordinate: 32[deg]43'18'' N., 
117[deg]12'11'' W. The purpose of the security zone is intended to 
protect the U.S. Navy and U.S. Coast Guard surface and aerial assets, 
crews, and support personnel who will be performing mission capability 
and search and rescues demonstrations in San Diego, CA. Persons and 
vessels will be prohibited from entering into or remaining in the 
security zone unless authorized by the COTP San Diego or his designated 
representative. Prior to the event and during the enforcement of the 
event, the Coast Guard will issue a SMIB via VHF Channel 16/22A.

V. 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.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. E.O. 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This rule has not been designated a 
``significant regulatory action,'' under E.O. 12866. Accordingly, it 
has not been reviewed by the Office of Management and Budget. This 
determination is based on the size, location and limited duration of 
the security zone. This zone impacts a small designated area of the San 
Diego bay for a very limited period. Furthermore, vessel traffic can 
safely transit around the security zone.

B. 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 the impacted portion of the San Diego 
Bay from 11:00 a.m. through 2:00 p.m. on September 10, 2016.
    This security 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, and the zone will be enforced 
for a short duration of time. The Coast Guard will issue a SMIB to 
mariners via VHF Channel 16 and 22A before the security zone is 
enforced.
    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 
section.

[[Page 58397]]

    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.

C. 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).

D. 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 it is consistent with the fundamental federalism principles and 
preemption requirements described in E.O. 13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (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 security zone lasting only 3 hours on 
the navigable waters of San Diego Bay. It 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.

G. 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.

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; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5, 165.30; Department of Homeland Security 
Delegation No. 0170.01.


0
2. Add Sec.  165.T11-797 to read as follows:


Sec.  165.T11-797  Security Zone; San Diego Bay; San Diego, CA.

    (a) Location. The following area is a security zone: The limits of 
the security zone will include all the navigable waters within a 750-
foot radius centered at the following coordinate: 32[deg]43'18'' N., 
117[deg]12'11'' W.
    (b) 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 that have been 
authorized to act on the behalf of the Captain of the Port.
    (c) Regulations. (1) Under the general regulations in 33 CFR 
165.33, entry into, or movement within this zone is prohibited unless 
authorized by the Captain of the Port 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.
    (5) Vessel operators desiring to enter or operate within this 
security zone shall contact the Captain of the Port or his designated 
representative via VHF channel 16 to obtain permission to do so.
    (d) Enforcement period. This section will be enforced from 11:00 
a.m. to 2:00 p.m. on September 10, 2016.

    Dated: August 10, 2016.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2016-20432 Filed 8-24-16; 8:45 am]
 BILLING CODE 9110-04-P