[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Rules and Regulations]
[Pages 57352-57354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18168]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0700]
RIN 1625-AA87
Security Zone; Lake Tahoe, Glenbrook, NV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone in
the navigable waters of Lake Tahoe, Glenbrook, NV within the San
Francisco Captain of the Port Zone. This moving security zone will
encompass all navigable waters within 100 yards of the vessel carrying
high-ranking government officials and their official party. The
security zone is necessary to protect the harbors, ports, and
waterfront facilities of Lake Tahoe during a visit by high-ranking
government officials and their official party. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port San Francisco or a designated representative.
[[Page 57353]]
DATES: This rule is effective without actual notice from August 23,
2023 through August 27, 2023. For the purposes of enforcement, actual
notice will be used from August 18, 2023, until August 23, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0700 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT William Harris, U.S. Coast Guard Sector San Francisco,
Waterways Management Division; telephone 415-399-7443, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
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.'' 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 it is impracticable and contrary to
the public interest. The Coast Guard was notified of the need of this
security zone with less than two weeks' notice and did not receive
final details until August 16, 2023. The high-ranking government
official visit will occur before the completion of any comment period,
thereby jeopardizing the security of the official and the harbors,
ports, and waterfront facilities of Lake Tahoe. Additionally, it is
impracticable to publish an NPRM because the visit is scheduled to
occur on August 18-27, 2023, and we must establish this security zone
by those dates. We lack sufficient time to solicit public comments and
review the prior to issuing a final action.
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. Delaying the effective date would
be impracticable because immediate action is needed to provide for the
protection of high-ranking government officials, security of the
harbors, ports, and waterfront facilities, and mitigation of potential
subversive acts.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051 and 70124. The Captain of the Port (COTP) has determined that the
high-ranking government officials and their official party plan to
visit various locations throughout the Lake Tahoe area and will transit
the lake by boat, necessitating a moving security zone. The navigable
waters of Lake Tahoe are in the San Francisco COTP zone. This rule is
needed to ensure the safety of high-ranking government officials and
their official party.
IV. Discussion of the Rule
This rule establishes a moving security zone from August 18 through
27, 2023. The moving security zone will cover all navigable waters of
Lake Tahoe, from surface to bottom, within 100 yards of the vessel
carrying high-ranking government officials and their official party.
This zone will be in effect from 12:01 a.m. on August 18, 2023, until
11:59 p.m. on August 27, 2023, and enforced as necessary during that
period.
The duration of this zone is intended to protect the harbors,
ports, and waterfront facilities during the high-ranking government
officials' visit to the local area and to ensure the safety of the
official party. No vessel or person will be permitted to enter the
security zone except for authorized support vessels, aircraft, and
support personnel, or other vessels authorized by the COTP or a
designated representative.
V. 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, and we
discuss First Amendment rights of protestors.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the security zone. The effect of this rule
will not be significant because local waterway users will be notified
by on-scene enforcement to ensure the security zone will result in
minimal impact. Additionally, vessel traffic will be able to pass
safely around the area of the security zone. The entities most likely
to be affected are pleasure craft engaged in recreational activities.
The rule will allow vessels to seek permission to enter the zone by
contacting the COTP or the COTP's designated representative through the
Command Post at telephone (202) 604-8857 or by VHF Marine Radio channel
21A.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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
[[Page 57354]]
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 and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
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.
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 an 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 a
temporary moving security zone of limited duration in effect over a
period of ten days. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T11-138 to read as follows:
Sec. 165.T11-138 Security Zone: Lake Tahoe, Glenbrook, NV.
(a) Location. The following area is a security zone: (1) All waters
within 100 yards of the vessel carrying high ranking government
officials and members of their official party when transiting Lake
Tahoe.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel, and a
Federal, State, or local officer designated by or assisting the Captain
of the Port (COTP) San Francisco in the enforcement of the security
zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or a
designated representative.
(2) The security zone is closed to all vessel traffic, except as
may be permitted by the COTP or a designated representative.
(3) To seek permission to enter, contact the COTP or the COTP's
designated representative through the Command Post at telephone (202)
604-8857 or by VHF Marine Radio channel 21A. Those in the security zone
must comply with all lawful orders or directions given to them by the
COTP or the COTP's designated representative.
(d) Enforcement period. This section will be enforced, when
necessary, from 12:01 a.m. on August 18, 2023, until 11:59 p.m. on
August 27, 2023.
Dated: August 17, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2023-18168 Filed 8-22-23; 8:45 am]
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