80_FR_43154 80 FR 43015 - Safety Zone; Maritime Museum Party, San Diego Bay; San Diego, CA

80 FR 43015 - Safety Zone; Maritime Museum Party, San Diego Bay; San Diego, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 139 (July 21, 2015)

Page Range43015-43017
FR Document2015-17843

The Coast Guard is establishing a temporary safety zone on the navigable waters of the San Diego Bay for a fireworks display on the evening of July 23, 2015. This action is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. 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.

Federal Register, Volume 80 Issue 139 (Tuesday, July 21, 2015)
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Rules and Regulations]
[Pages 43015-43017]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17843]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0647]
RIN 1625-AA00


Safety Zone; Maritime Museum Party, San Diego Bay; San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the San Diego Bay for a fireworks display on the 
evening of July 23, 2015. This action is necessary to provide for the 
safety of the participants, crew, spectators, participating vessels, 
and other vessels and users of the waterway. 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.

DATES:  This rule is effective from 8:30 p.m. to 9:30 p.m. on July 23, 
2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0647]. 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 Nick Bateman, 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. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule safety zone 
for a planned fireworks show on 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 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 15 days before the event, 
which is insufficient time to publish an NPRM. Because fireworks barges 
on the navigable waterways poses significant risk to public safety and 
property and the likely combination of large numbers of recreation 
vessels and congested waterways could easily result in serious injuries 
or fatalities, this safety zone is necessary to safeguard spectators, 
vessels and the event participants. For the safety concerns noted, it 
is important to have these regulations in effect during the event and 
impracticable to delay the regulations.
    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. For these same reasons, the Coast 
Guard finds good cause for implementing this rule less than thirty days 
before the effective July 23, 2015.

B. Basis and Purpose

    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, and 
160.5; 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 establishing a temporary safety zone on 
the navigable waters of the San Diego Bay is necessary to ensure public 
safety for the fireworks display. A temporary safety zone will provide 
for the safety of the event participants, spectators, safety vessels, 
and other public users of the waterway. This event involves a planned 
fifteen minute fireworks display on a portion of San Diego Bay.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone that will 
be enforced from 8:30 p.m. to 9:30 p.m. on July 23, 2015. This safety 
zone is necessary to provide for the safety of the event participants, 
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.

[[Page 43016]]

    This temporary safety zone will be bound by a 600 foot radius of 
the fireworks barge, center approximately on the following coordinate 
(North American Datum of 1983, World Geodetic System, 1984): 
32[deg]43.14 N, 117[deg]10.36 W

D. 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 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 8:30 p.m. through 9:30 p.m. on July 
23, 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 (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, 
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. 
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.

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

[[Page 43017]]

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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.01.


0
2. Add Sec.  165.T11-647 to read as follows:


Sec.  165.T11-647  Safety Zone; Maritime Museum Party; San Diego, CA.

    (a) Location. The limits of the safety zone will include all the 
navigable waters within 600 feet of the fireworks barge in approximate 
position of 32[deg]43.14 N, 117[deg]10.36 W (North American Datum of 
1983, World Geodetic System, 1984).
    (b) Enforcement period. This section will be enforced from 8:30 
p.m. to 9:30 p.m. on July 23, 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 subpart C of 
this part, 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: July 10, 2015.
J.S. Spaner,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2015-17843 Filed 7-20-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                          43015

                                                    Æ Aging aircraft inspection program.                   vessels are prohibited from entering                  to determine whether the marine event
                                                    Æ Corrosion inspection program.                        into, transiting through, or anchoring                poses a threat to persons and vessels
                                                    Æ Continued Operational Safety                         within this safety zone unless                        was provided 15 days before the event,
                                                  (COS).                                                   authorized by the Captain of the Port or              which is insufficient time to publish an
                                                    • SMS Manual.                                          his designated representative.                        NPRM. Because fireworks barges on the
                                                  E. Other Considerations                                  DATES: This rule is effective from 8:30               navigable waterways poses significant
                                                                                                           p.m. to 9:30 p.m. on July 23, 2015.                   risk to public safety and property and
                                                     LHFE operations, as it applies to the                                                                       the likely combination of large numbers
                                                                                                           ADDRESSES: Documents mentioned in
                                                  passenger(s) experience, is limited to                                                                         of recreation vessels and congested
                                                  the sole purpose of being onboard the                    this preamble are part of docket [USCG–
                                                                                                                                                                 waterways could easily result in serious
                                                  aircraft during flight. The FAA will not                 2015–0647]. To view documents
                                                                                                                                                                 injuries or fatalities, this safety zone is
                                                  consider expanded operations such as                     mentioned in this preamble as being
                                                                                                                                                                 necessary to safeguard spectators,
                                                  flight training, aerobatics, and passenger               available in the docket, go to http://
                                                                                                                                                                 vessels and the event participants. For
                                                  manipulation of the flight controls.                     www.regulations.gov, type the docket
                                                                                                                                                                 the safety concerns noted, it is
                                                     The FAA will always consider                          number in the ‘‘SEARCH’’ box and click
                                                                                                                                                                 important to have these regulations in
                                                  whether a request benefits the public as                 ‘‘SEARCH.’’ Click on Open Docket
                                                                                                                                                                 effect during the event and
                                                  a whole and how the request would                        Folder on the line associated with this
                                                                                                                                                                 impracticable to delay the regulations.
                                                  provide a level of safety at least equal                 rulemaking. You may also visit the                       Under 5 U.S.C. 553(d)(3), the Coast
                                                  to that provided by the rule in                          Docket Management Facility in Room                    Guard finds that good cause exists for
                                                  accordance with 14 CFR 11.81.                            W12–140 on the ground floor of the                    making this rule effective less than 30
                                                  Moreover, the FAA may impose                             Department of Transportation West                     days after publication in the Federal
                                                  additional conditions and limitations or                 Building, 1200 New Jersey Avenue SE.,                 Register. For these same reasons, the
                                                  deny petitions regardless of this policy                 Washington, DC 20590, between 9 a.m.                  Coast Guard finds good cause for
                                                  statement to adequately mitigate safety                  and 5 p.m., Monday through Friday,                    implementing this rule less than thirty
                                                  concerns and risk factors as they                        except Federal holidays.                              days before the effective July 23, 2015.
                                                  become known.                                            FOR FURTHER INFORMATION CONTACT: If
                                                                                                           you have questions on this rule, call or              B. Basis and Purpose
                                                  Filing a Petition for Exemption or To                    email Petty Officer Nick Bateman,                        The legal basis and authorities for this
                                                  Request an Amendment or Extension to                     Waterways Management, U.S. Coast                      temporary rule are found in 33 U.S.C.
                                                  an Existing Exemption                                    Guard Sector San Diego; telephone (619)               1231; 50 U.S.C. 191; 33 CFR 1.05–1,
                                                    To submit a petition for exemption or                  278–7656, email D11-PF-                               6.04–1, 6.04–6, and 160.5; and
                                                  to request an amendment or extension                     MarineEventsSanDiego@uscg.mil. If you                 Department of Homeland Security
                                                  to an existing exemption, all petitioners                have questions on viewing or submitting               Delegation No. 0170.1, which
                                                  must follow the procedures set forth in                  material to the docket, call Cheryl                   collectively authorize the Coast Guard
                                                  part 11 of title 14 of the Code of Federal               Collins, Program Manager, Docket                      to propose, establish, and define
                                                  Regulations.                                             Operations, telephone (202) 366–9826.                 regulatory safety zones.
                                                                                                           SUPPLEMENTARY INFORMATION:                               The Coast Guard believes establishing
                                                    Issued in Washington, DC, on July 10,
                                                  2015.                                                                                                          a temporary safety zone on the
                                                                                                           Table of Acronyms                                     navigable waters of the San Diego Bay
                                                  John S. Duncan,
                                                                                                           DHS Department of Homeland Security                   is necessary to ensure public safety for
                                                  Director, Flight Standards Service.
                                                                                                           FR Federal Register                                   the fireworks display. A temporary
                                                  [FR Doc. 2015–17966 Filed 7–20–15; 8:45 am]              NPRM Notice of Proposed Rulemaking                    safety zone will provide for the safety of
                                                  BILLING CODE 4910–13–P                                   TFR Temporary Final Rule                              the event participants, spectators, safety
                                                                                                           A. Regulatory History and Information                 vessels, and other public users of the
                                                                                                                                                                 waterway. This event involves a
                                                  DEPARTMENT OF HOMELAND                                      The Coast Guard is issuing this                    planned fifteen minute fireworks
                                                  SECURITY                                                 temporary final rule safety zone for a                display on a portion of San Diego Bay.
                                                                                                           planned fireworks show on San Diego
                                                  Coast Guard                                              Bay without prior notice and                          C. Discussion of the Final Rule
                                                                                                           opportunity to comment pursuant to                       The Coast Guard is establishing a
                                                  33 CFR Part 165                                          authority under section 4(a) of the                   temporary safety zone that will be
                                                  [Docket Number USCG–2015–0647]                           Administrative Procedure Act (APA) (5                 enforced from 8:30 p.m. to 9:30 p.m. on
                                                                                                           U.S.C. 553(b)). This provision                        July 23, 2015. This safety zone is
                                                  RIN 1625–AA00                                            authorizes an agency to issue a rule                  necessary to provide for the safety of the
                                                                                                           without prior notice and opportunity to               event participants, event spectators,
                                                  Safety Zone; Maritime Museum Party,                      comment when the agency for good                      safety patrol craft and to protect other
                                                  San Diego Bay; San Diego, CA                             cause finds that those procedures are                 vessels and users of the waterway.
                                                  AGENCY:    Coast Guard, DHS.                             ‘‘impracticable, unnecessary, or contrary             Persons and vessels will be prohibited
                                                  ACTION:   Temporary final rule.                          to the public interest.’’                             from entering into, transiting through, or
                                                                                                              Under 5 U.S.C. 553(b)(B), the Coast                anchoring within this safety zone unless
                                                  SUMMARY:   The Coast Guard is                            Guard finds that good cause exists for                authorized by the Captain of the Port, or
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  establishing a temporary safety zone on                  not publishing a notice of proposed                   their designated representative. Before
                                                  the navigable waters of the San Diego                    rulemaking (NPRM) with respect to this                the effective period, the Coast Guard
                                                  Bay for a fireworks display on the                       rule because publishing an NPRM                       will publish a local notice to mariners
                                                  evening of July 23, 2015. This action is                 would be impracticable because                        (LNM). Just prior to the event and
                                                  necessary to provide for the safety of the               immediate action is needed to minimize                during the enforcement of the event, the
                                                  participants, crew, spectators,                          potential danger to the participants and              Coast Guard will issue a broadcast
                                                  participating vessels, and other vessels                 the public during the event.                          notice to mariners (BNM) alert via VHF
                                                  and users of the waterway. Persons and                   Furthermore, the necessary information                Channel 16.


                                             VerDate Sep<11>2014   16:53 Jul 20, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\21JYR1.SGM   21JYR1


                                                  43016               Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations

                                                     This temporary safety zone will be                    Guard will publish a local notice to                  7. Unfunded Mandates Reform Act
                                                  bound by a 600 foot radius of the                        mariners (LNM) and will issue                            The Unfunded Mandates Reform Act
                                                  fireworks barge, center approximately                    broadcast notice to mariners (BNM)                    of 1995 (2 U.S.C. 1531–1538) requires
                                                  on the following coordinate (North                       alerts via VHF Channel 16 before the                  Federal agencies to assess the effects of
                                                  American Datum of 1983, World                            safety zone is enforced.                              their discretionary regulatory actions. In
                                                  Geodetic System, 1984): 32°43.14 N,                                                                            particular, the Act addresses actions
                                                  117°10.36 W                                              3. Assistance for Small Entities
                                                                                                                                                                 that may result in the expenditure by a
                                                  D. Regulatory Analyses                                      Under section 213(a) of the Small                  State, local, or tribal government, in the
                                                                                                           Business Regulatory Enforcement                       aggregate, or by the private sector of
                                                    We developed this rule after
                                                                                                           Fairness Act of 1996 (Pub. L. 104–121),               $100,000,000 (adjusted for inflation) or
                                                  considering numerous statutes and
                                                                                                           we want to assist small entities in                   more in any one year. Though this rule
                                                  executive orders related to rulemaking.
                                                                                                           understanding this rule. If the rule                  will not result in such an expenditure,
                                                  Below we summarize our analyses
                                                                                                           would affect your small business,                     we do discuss the effects of this rule
                                                  based on these statutes and executive
                                                                                                           organization, or governmental                         elsewhere in this preamble.
                                                  orders.
                                                                                                           jurisdiction and you have questions
                                                  1. Regulatory Planning and Review                        concerning its provisions or options for              8. Taking of Private Property
                                                     This rule is not a significant                        compliance, please contact the person                    This rule will not cause a taking of
                                                  regulatory action under section 3(f) of                  listed in the FOR FURTHER INFORMATION                 private property or otherwise have
                                                  Executive Order 12866, Regulatory                        CONTACT, above.                                       taking implications under Executive
                                                  Planning and Review, as supplemented                        Small businesses may send comments                 Order 12630, Governmental Actions and
                                                  by Executive Order 13563, Improving                      on the actions of Federal employees                   Interference with Constitutionally
                                                  Regulation and Regulatory Review, and                    who enforce, or otherwise determine                   Protected Property Rights.
                                                  does not require an assessment of                        compliance with, Federal regulations to               9. Civil Justice Reform
                                                  potential costs and benefits under                       the Small Business and Agriculture
                                                                                                                                                                    This rule meets applicable standards
                                                  section 6(a)(3) of Executive Order 12866                 Regulatory Enforcement Ombudsman
                                                                                                                                                                 in sections 3(a) and 3(b)(2) of Executive
                                                  or under section 1 of Executive Order                    and the Regional Small Business
                                                                                                                                                                 Order 12988, Civil Justice Reform, to
                                                  13563. The Office of Management and                      Regulatory Fairness Boards. The
                                                                                                                                                                 minimize litigation, eliminate
                                                  Budget has not reviewed it under those                   Ombudsman evaluates these actions
                                                                                                                                                                 ambiguity, and reduce burden.
                                                  Orders. We expect the economic impact                    annually and rates each agency’s
                                                  of this rule to be so minimal that a full                responsiveness to small business. If you              10. Protection of Children
                                                  Regulatory Evaluation is unnecessary.                    wish to comment on actions by                           We have analyzed this rule under
                                                  This determination is based on the size,                 employees of the Coast Guard, call 1–                 Executive Order 13045, Protection of
                                                  location and limited duration of the                     888–REG–FAIR (1–888–734–3247). The                    Children from Environmental Health
                                                  safety zone. This zone impacts a small                   Coast Guard will not retaliate against                Risks and Safety Risks. This rule is not
                                                  designated area of the San Diego bay for                 small entities that question or complain              an economically significant rule and
                                                  less than one hour. Furthermore, vessel                  about this rule or any policy or action               does not create an environmental risk to
                                                  traffic can safely transit around the                    of the Coast Guard.                                   health or risk to safety that may
                                                  safety zone.                                                                                                   disproportionately affect children.
                                                                                                           4. Collection of Information
                                                  2. Impact on Small Entities                                                                                    11. Indian Tribal Governments
                                                                                                             This rule will not call for a new
                                                     The Regulatory Flexibility Act of 1980                                                                         This rule does not have tribal
                                                                                                           collection of information under the
                                                  (RFA), 5 U.S.C. 601–612, as amended,                                                                           implications under Executive Order
                                                                                                           Paperwork Reduction Act of 1995 (44
                                                  requires federal agencies to consider the                                                                      13175, Consultation and Coordination
                                                                                                           U.S.C. 3501–3520).
                                                  potential impact of regulations on small                                                                       with Indian Tribal Governments,
                                                  entities during rulemaking. The term                     5. Federalism                                         because it does not have a substantial
                                                  ‘‘small entities’’ comprises small                                                                             direct effect on one or more Indian
                                                  businesses, not-for-profit organizations                    A rule has implications for federalism
                                                                                                           under Executive Order 13132,                          tribes, on the relationship between the
                                                  that are independently owned and                                                                               Federal Government and Indian tribes,
                                                  operated and are not dominant in their                   Federalism, if it has a substantial direct
                                                                                                           effect on the States, on the relationship             or on the distribution of power and
                                                  fields, and governmental jurisdictions                                                                         responsibilities between the Federal
                                                  with populations of less than 50,000.                    between the national government and
                                                                                                           the States, or on the distribution of                 Government and Indian tribes.
                                                  The Coast Guard certifies under 5 U.S.C.
                                                  605(b) that this rule will not have a                    power and responsibilities among the                  12. Energy Effects
                                                  significant economic impact on a                         various levels of government. We have
                                                                                                                                                                   This action is not a ‘‘significant
                                                  substantial number of small entities.                    analyzed this rule under that Order and
                                                                                                                                                                 energy action’’ under Executive Order
                                                  This rule will affect the following                      determined that this rule does not have
                                                                                                                                                                 13211, Actions Concerning Regulations
                                                  entities, some of which may be small                     implications for federalism.
                                                                                                                                                                 That Significantly Affect Energy Supply,
                                                  entities: The owners or operators of                     6. Protest Activities                                 Distribution, or Use.
                                                  private and commercial vessels
                                                  intending to transit or anchor in the                      The Coast Guard respects the First                  13. Technical Standards
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                                                  impacted portion of the San Diego Bay                    Amendment rights of protesters.                         This rule does not use technical
                                                  from 8:30 p.m. through 9:30 p.m. on                      Protesters are asked to contact the                   standards. Therefore, we did not
                                                  July 23, 2015.                                           person listed in the FOR FURTHER                      consider the use of voluntary consensus
                                                     This safety zone will not have a                      INFORMATION CONTACT section to                        standards.
                                                  significant economic impact on a                         coordinate protest activities so that your
                                                  substantial number of small entities for                 message can be received without                       14. Environment
                                                  the following reasons. Vessel traffic can                jeopardizing the safety or security of                  We have analyzed this rule under
                                                  pass safely around the zone. The Coast                   people, places or vessels.                            Department of Homeland Security


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                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                                  43017

                                                  Management Directive 023–01 and                          Guard, Coast Guard Auxiliary, or local,                I. Introduction
                                                  Commandant Instruction M16475.lD,                        state, or federal law enforcement vessels                 The Postal Accountability and
                                                  which guide the Coast Guard in                           who have been authorized to act on the                 Enhancement Act (PAEA), Public Law
                                                  complying with the National                              behalf of the Captain of the Port.                     109–435, 120 Stat. 3198 (2006),
                                                  Environmental Policy Act of 1969                            (d) Regulations. (1) Under the general              authorizes the Commission to develop
                                                  (NEPA) (42 U.S.C. 4321–4370f), and                       regulations in subpart C of this part,                 rules and establish procedures that it
                                                  have determined that this action is one                  entry into, transit through or anchoring               deems necessary and proper to carry out
                                                  of a category of actions that do not                     within this safety zone is prohibited                  Commission functions.1
                                                  individually or cumulatively have a                      unless authorized by the Captain of the                   On May 4, 2015, the Commission
                                                  significant effect on the human                          Port of San Diego or his designated                    issued a notice of proposed rulemaking
                                                  environment. This rule involves the                      representative.                                        establishing procedures that would
                                                  establishment of a safety zone on the                       (2) All persons and vessels shall                   simplify the docket closure process by
                                                  navigable waters of San Diego Bay. This                  comply with the instructions of the                    permitting automatic closure of a docket
                                                  rule is categorically excluded from                      Coast Guard Captain of the Port or his                 following a significant period of
                                                  further review under paragraph 34(g) of                  designated representative.                             inactivity.2 The Notice requested
                                                  Figure 2–1 of the Commandant                                (3) Upon being hailed by U.S. Coast                 comments from interested persons
                                                  Instruction. An environmental analysis                   Guard or designated patrol personnel by                regarding the proposed rules. The
                                                  checklist supporting this determination                  siren, radio, flashing light or other                  Commission received comments from
                                                  and a Categorical Exclusion                              means, the operator of a vessel shall                  the Postal Service and the Public
                                                  Determination are available in the                       proceed as directed.                                   Representative.3 After consideration of
                                                  docket where indicated under                                (4) The Coast Guard may be assisted                 the comments submitted, the
                                                  ADDRESSES. We seek any comments or                       by other federal, state, or local agencies             Commission adopts the proposed rules,
                                                  information that may lead to the                         in patrol and notification of the                      modified as described below.
                                                  discovery of a significant environmental                 regulation.
                                                  impact from this rule.                                                                                          II. Comments
                                                                                                              Dated: July 10, 2015.
                                                  List of Subjects in 33 CFR Part 165                      J.S. Spaner,                                              The Postal Service and Public
                                                                                                                                                                  Representative offered positive
                                                    Harbors, Marine safety, Navigation                     Captain, U.S. Coast Guard, Captain of the
                                                                                                           Port San Diego.                                        comments and suggested revisions with
                                                  (water), Reporting and recordkeeping
                                                                                                                                                                  respect to the Commission’s proposed
                                                  requirements, Security measures,                         [FR Doc. 2015–17843 Filed 7–20–15; 8:45 am]
                                                                                                                                                                  rules.
                                                  Waterways.                                               BILLING CODE 9110–04–P
                                                                                                                                                                     The Postal Service agrees that an
                                                    For the reasons discussed in the                                                                              automatic closure procedure would
                                                  preamble, the Coast Guard amends 33                                                                             promote efficient docket management
                                                  CFR part 165 as follows:                                                                                        and provide clarity for the public
                                                                                                           POSTAL REGULATORY COMMISSION
                                                                                                                                                                  because it would clear out items listed
                                                  PART 165—REGULATED NAVIGATION
                                                                                                           39 CFR Part 3001                                       on the Commission’s Web site. Postal
                                                  AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                                  Service Comments at 1. However, the
                                                  ■ 1. The authority citation for part 165                                                                        Postal Service has concerns that, in
                                                                                                           [Docket No. RM2015–8; Order No. 2589]
                                                  continues to read as follows:                                                                                   certain proceedings, a docket may be
                                                                                                           Automatic Docket Closure Procedures                    automatically closed due to 12
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                       consecutive months of inactivity prior
                                                  Department of Homeland Security Delegation               AGENCY:     Postal Regulatory Commission.              to a final order being issued by the
                                                  No. 0170.01.                                             ACTION:    Final rule.                                 Commission. Id. at 1–2. The Postal
                                                                                                                                                                  Service recommends proposed rule
                                                  ■ 2. Add § 165.T11–647 to read as                        SUMMARY:    The Commission is issuing a                3001.44(a) be revised to indicate that if
                                                  follows:                                                 set of final rules establishing new                    the final order in a docket is pending,
                                                  § 165.T11–647 Safety Zone; Maritime                      procedures concerning automatic                        it will not be subject to automatic
                                                  Museum Party; San Diego, CA.                             closure of Commission dockets after an                 closure. Id. at 2.
                                                    (a) Location. The limits of the safety                 extended period of docket inactivity.                     In addition, the Postal Service
                                                  zone will include all the navigable                      The rules will permit a simplified                     recommends that the Commission
                                                  waters within 600 feet of the fireworks                  docket closure process. Relative to the                provide notice to the public of the
                                                  barge in approximate position of                         proposed rules, some of the changes are                impending docket closure at least 30
                                                  32°43.14 N, 117°10.36 W (North                           substantive and others are minor and                   days prior to the automatic closure date.
                                                  American Datum of 1983, World                            non-substantive.                                       Id. The Postal Service also suggests that
                                                  Geodetic System, 1984).                                  DATES: Effective August 20, 2015.                      a motion to stay automatic closure be
                                                    (b) Enforcement period. This section                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                  filed at least 15 days prior to closing,
                                                  will be enforced from 8:30 p.m. to 9:30                  David A. Trissell, General Counsel, at                 rather than 10 days prior to closing, in
                                                  p.m. on July 23, 2015. If the event                      202–789–6820.                                          order to provide parties ample time to
                                                  concludes prior to the schedule                          SUPPLEMENTARY INFORMATION:                               1 See 39 U.S.C. 503; see also Postal
                                                  termination time, the COTP will cease
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                                                                                                                                                                  Reorganization Act, Public Law 91–375, 84 Stat.
                                                  enforcement of this safety zone and will                 Regulatory History                                     759 (1970), at section 3603.
                                                  announce that fact via Broadcast Notice                       80 FR 26517, May 8, 2015                            2 Docket No. RM2015–8, Order No. 2465, Notice

                                                  to Mariners.                                                                                                    of Proposed Rulemaking Regarding Automatic
                                                    (c) Definitions. The following                         Table of Contents                                      Closure of Inactive Dockets, May 4, 2015 (Notice);
                                                  definition applies to this section:                                                                             see also 80 FR 26517 (May 8, 2015).
                                                                                                           I. Introduction                                          3 See Initial Comments of the United States Postal
                                                  Designated representative means any                      II. Comments                                           Service, June 8, 2015 (Postal Service Comments);
                                                  commissioned, warrant, or petty officer                  III. Commission Analysis                               Public Representative Comments, June 8, 2015 (PR
                                                  of the Coast Guard on board Coast                        IV. Ordering Paragraphs                                Comments).



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Document Created: 2018-02-23 09:23:03
Document Modified: 2018-02-23 09:23:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:30 p.m. to 9:30 p.m. on July 23, 2015.
ContactIf you have questions on this rule, call or email Petty Officer Nick Bateman, Waterways Management, U.S. Coast Guard Sector San Diego; telephone (619) 278-7656, email D11-PF- [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 43015 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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