80 FR 19201 - Safety Zone; Naval Helicopter Association (NHA) Red Bull Helicopter Demonstration; San Diego Bay, San Diego, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 69 (April 10, 2015)

Page Range		19201-19203
FR Document		2015-08347

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.

Federal Register, Volume 80 Issue 69 (Friday, April 10, 2015)

[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Rules and Regulations]
[Pages 19201-19203]
From the Federal Register Online [www.thefederalregister.org]
[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 §&thnsp;165.T11-689 to read as follows:

§&thnsp;165.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

19202 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations

immediate action is needed to minimize authorized by the Captain of the Port, or intending to transit or anchor in the
potential danger to the participants and their designated representative. Before impacted portion of the San Diego Bay
the public during the event. the effective period, the Coast Guard from 6:30 p.m. through 7:30 p.m. on
Furthermore, the necessary information will publish a local notice to mariners May 12, 2015.
to determine whether the marine event (LNM). Just prior to the event and This safety zone will not have a
poses a threat to persons and vessels during the enforcement of the event, the significant economic impact on a
was provided March 12, 2015, less than Coast Guard will issue a broadcast substantial number of small entities for
60 days before the event, which is notice to mariners (BNM) alert via VHF the following reasons. Vessel traffic can
insufficient time to publish an NPRM. Channel 16. pass safely around the zone. The Coast
The Coast Guard requests new marine This temporary safety zone will be Guard will publish a local notice to
event permit applications at least 165 bound by the following coordinates mariners (LNM) and will issue
days in advance for proper (North American Datum of 1983, World broadcast notice to mariners (BNM)
environmental and administrative Geodetic System, 1984): 32°43.05 N, alerts via VHF Channel 16 before the
review of the event. 117°10.54 W, 32°43.05 N, 117°10.46 W, safety zone is enforced.
Nevertheless, we are providing an 32°43.33 N, 117°10.54 W, 32°43.33 N,
opportunity for subsequent public 117°13.46 W. 3. Assistance for Small Entities
comment and, should public comment Under section 213(a) of the Small
E. Regulatory Analyses
show the need for modifications to the Business Regulatory Enforcement
safety zone during the event, we may We developed this rule after Fairness Act of 1996 (Public Law 104–
make those modifications during the considering numerous statutes and 121), we want to assist small entities in
event and will provide actual notice of executive orders related to rulemaking. understanding this rule. If the rule
those modifications to the affected Below we summarize our analyses would affect your small business,
public. based on these statutes and executive organization, or governmental
orders. jurisdiction and you have questions
C. Basis and Purpose
1. Regulatory Planning and Review concerning its provisions or options for
The legal basis and authorities for this compliance, please contact the person
temporary rule are found in 33 U.S.C. This rule is not a significant listed in the FOR FURTHER INFORMATION
1231, 46 U.S.C. Chapter 701, 3306, regulatory action under section 3(f) of CONTACT, above.
3703; 50 U.S.C. 191, 195; 33 CFR 1.05– Executive Order 12866, Regulatory Small businesses may send comments
1, 6.04–1, 6.04–6, and 160.5; Public Law Planning and Review, as supplemented on the actions of Federal employees
107–295, 116 Stat. 2064; and by Executive Order 13563, Improving who enforce, or otherwise determine
Department of Homeland Security Regulation and Regulatory Review, and compliance with, Federal regulations to
Delegation No. 0170.1, which does not require an assessment of the Small Business and Agriculture
collectively authorize the Coast Guard potential costs and benefits under Regulatory Enforcement Ombudsman
to propose, establish, and define section 6(a)(3) of Executive Order 12866 and the Regional Small Business
regulatory safety zones. or under section 1 of Executive Order Regulatory Fairness Boards. The
The Coast Guard believes a temporary 13563. The Office of Management and Ombudsman evaluates these actions
safety zone is needed on the navigable Budget has not reviewed it under those annually and rates each agency’s
waters of the San Diego Bay to ensure Orders. We expect the economic impact responsiveness to small business. If you
public safety for the NHA Red Bull of this proposed rule to be so minimal wish to comment on actions by
Helicopter Demonstration. This event that a full Regulatory Evaluation is employees of the Coast Guard, call 1–
involves a planned fifteen minute air unnecessary. This determination is 888–REG–FAIR (1–888–734–3247). The
show which flies over a portion of San based on the size, location and limited Coast Guard will not retaliate against
Diego Bay. Because aerial stunt flying duration of the safety zone. This zone small entities that question or complain
over busy waterways poses significant impacts a small designated area of the about this rule or any policy or action
risk to public safety and property and San Diego bay for less than one hour. of the Coast Guard.
the likely combination of large numbers Furthermore, vessel traffic can safely
of recreation vessels, congested transit around the safety zone. 4. Collection of Information
waterways, and low flying could easily This rule will not call for a new
2. Impact on Small Entities
result in serious injuries or fatalities, a collection of information under the
safety zone is necessary to safe guard The Regulatory Flexibility Act of 1980 Paperwork Reduction Act of 1995 (44
spectators, vessels and the event pilots. (RFA), 5 U.S.C. 601–612, as amended, U.S.C. 3501–3520).
For the safety concerns noted, it is requires federal agencies to consider the
important to have these regulations in potential impact of regulations on small 5. Federalism
effect during the event and entities during rulemaking. The term A rule has implications for federalism
impracticable to delay the regulations. ‘‘small entities’’ comprises small under Executive Order 13132,
businesses, not-for-profit organizations Federalism, if it has a substantial direct
D. Discussion of the Final Rule that are independently owned and effect on the States, on the relationship
The Coast Guard is establishing a operated and are not dominant in their between the national government and
temporary safety zone that will be fields, and governmental jurisdictions the States, or on the distribution of
enforced from 6:30 p.m. to 7:30 p.m. on with populations of less than 50,000. power and responsibilities among the
May 12, 2015. This safety zone is The Coast Guard certifies under 5 U.S.C. various levels of government. We have
rljohnson on DSK3VPTVN1PROD with RULES

necessary to provide for the safety of the 605(b) that this rule will not have a analyzed this rule under that Order and
helicopter aircrew, event spectators, significant economic impact on a determined that this rule does not have
safety patrol craft and to protect other substantial number of small entities. implications for federalism.
vessels and users of the waterway. This rule will affect the following
Persons and vessels will be prohibited entities, some of which may be small 6. Protest Activities
from entering into, transiting through, or entities: the owners or operators of The Coast Guard respects the First
anchoring within this safety zone unless private and commercial vessels Amendment rights of protesters.

VerDate Sep<11>2014 15:04 Apr 09, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\10APR1.SGM 10APR1

Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 19203

Protesters are asked to contact the 13. Technical Standards (b) Enforcement period. This section
person listed in the FOR FURTHER This rule does not use technical will be enforced from 6:30 p.m. to 7:30
INTFORMATION CONTACT section to standards. Therefore, we did not p.m. on May 12, 2015. If the event
coordinate protest activities so that your consider the use of voluntary consensus concludes prior to the schedule
message can be received without standards. termination time, the COTP will cease
jeopardizing the safety or security of enforcement of this safety zone and will
people, places or vessels. 14. Environment announce that fact via Broadcast Notice
We have analyzed this rule under to Mariners.
7. Unfunded Mandates Reform Act
Department of Homeland Security (c) Definitions. The following
The Unfunded Mandates Reform Act Management Directive 023–01 and definition applies to this section:
of 1995 (2 U.S.C. 1531–1538) requires Commandant Instruction M16475.lD, designated representative means any
Federal agencies to assess the effects of which guide the Coast Guard in commissioned, warrant, or petty officer
their discretionary regulatory actions. In complying with the National of the Coast Guard on board Coast
particular, the Act addresses actions Environmental Policy Act of 1969 Guard, Coast Guard Auxiliary, or local,
that may result in the expenditure by a (NEPA) (42 U.S.C. 4321–4370f), and state, or federal law enforcement vessels
State, local, or tribal government, in the have determined that this action is one who have been authorized to act on the
aggregate, or by the private sector of of a category of actions that do not behalf of the Captain of the Port.
$100,000,000 (adjusted for inflation) or individually or cumulatively have a (d) Regulations. (1) Under the general
more in any one year. Though this rule significant effect on the human regulations in 33 CFR part 165, subpart
will not result in such an expenditure, environment. This rule involves the C, entry into, transit through or
we do discuss the effects of this rule establishment of a safety zone on the anchoring within this safety zone is
elsewhere in this preamble. navigable waters of San Diego Bay. This prohibited unless authorized by the
rule is categorically excluded from Captain of the Port of San Diego or his
8. Taking of Private Property designated representative.
further review under paragraph 34(g) of
Figure 2–1 of the Commandant (2) All persons and vessels shall
This rule will not cause a taking of
Instruction. An environmental analysis comply with the instructions of the
private property or otherwise have
checklist supporting this determination Coast Guard Captain of the Port or his
taking implications under Executive
and a Categorical Exclusion designated representative.
Order 12630, Governmental Actions and
Determination are available in the (3) Upon being hailed by U.S. Coast
Interference with Constitutionally
docket where indicated under Guard or designated patrol personnel by
Protected Property Rights.
ADDRESSES. We seek any comments or siren, radio, flashing light or other
9. Civil Justice Reform information that may lead to the means, the operator of a vessel shall
discovery of a significant environmental proceed as directed.
This rule meets applicable standards (4) The Coast Guard may be assisted
in sections 3(a) and 3(b)(2) of Executive impact from this rule.
by other federal, state, or local agencies
Order 12988, Civil Justice Reform, to List of Subjects in 33 CFR Part 165 in patrol and notification of the
minimize litigation, eliminate Harbors, Marine safety, Navigation regulation.
ambiguity, and reduce burden. (water), Reporting and recordkeeping Dated: April 1, 2015.
10. Protection of Children requirements, Security measures, J.A. Janszen,
Waterways. Commander, U.S. Coast Guard, Acting,
We have analyzed this rule under For the reasons discussed in the Captain of the Port San Diego.
Executive Order 13045, Protection of preamble, the Coast Guard amends 33 [FR Doc. 2015–08347 Filed 4–9–15; 8:45 am]
Children from Environmental Health CFR part 165 as follows: BILLING CODE 9110–04–P
Risks and Safety Risks. This rule is not
an economically significant rule and PART 165—REGULATED NAVIGATION
does not create an environmental risk to AREAS AND LIMITED ACCESS AREAS DEPARTMENT OF HOMELAND
health or risk to safety that may
■ 1. The authority citation for part 165 SECURITY
disproportionately affect children.
continues to read as follows: Coast Guard
11. Indian Tribal Governments
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C
This rule does not have tribal Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR PART 165
implications under Executive Order 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of [Docket No. USCG–2015–0213]
13175, Consultation and Coordination
with Indian Tribal Governments, Homeland Security Delegation No. 0170.01. RIN 1625–AA00
because it does not have a substantial ■ 2. Add § 165.T11–689 to read as
direct effect on one or more Indian follows: Safety Zone; Barge-Based Fireworks,
tribes, on the relationship between the Sturgeon Bay, Wisconsin
§ 165.T11–689 Safety zone; Naval
Federal Government and Indian tribes, Helicopter Association (NHA) Red Bull AGENCY: Coast Guard, DHS.
or on the distribution of power and Helicopter Demonstration; San Diego Bay, ACTION: Temporary final rule.
responsibilities between the Federal San Diego, CA.
Government and Indian tribes. (a) Location. The safety zone will SUMMARY: The Coast Guard is
rljohnson on DSK3VPTVN1PROD with RULES

12. Energy Effects encompass the navigable waters establishing a temporary safety zone on
encompassed by the following the waters of Sturgeon Bay in Sturgeon
This action is not a ‘‘significant coordinates (North American Datum of Bay, Wisconsin. This safety zone is
energy action’’ under Executive Order 1983, World Geodetic System, 1984): intended to restrict vessels from a
13211, Actions Concerning Regulations 32°43.05 N, 117°10.54 W, 32°43.05 N, portion of Sturgeon Bay due to a
That Significantly Affect Energy Supply, 117°10.46 W, 32°43.33 N, 117°10.54 W, fireworks display. This temporary safety
Distribution, or Use. 32°43.33 N, 117°10.46 W. zone is necessary to protect the

VerDate Sep<11>2014 15:04 Apr 09, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\10APR1.SGM 10APR1

Document Created: 2018-02-21 10:08:12
Document Modified: 2018-02-21 10:08:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule; request for comments.
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.
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&commat;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.
FR Citation		80 FR 19201
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

80 FR 19201 - Safety Zone; Naval Helicopter Association (NHA) Red Bull Helicopter Demonstration; San Diego Bay, San Diego, CA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 69 (April 10, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard