[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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