81_FR_58560 81 FR 58395 - Security Zone; U.S. Navy/U.S. Coast Guard Assets Demonstration in Conjunction With Fleet Week San Diego, San Diego Bay; San Diego, CA

81 FR 58395 - Security Zone; U.S. Navy/U.S. Coast Guard Assets Demonstration in Conjunction With Fleet Week San Diego, San Diego Bay; San Diego, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 165 (August 25, 2016)

Page Range58395-58397
FR Document2016-20432

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

Federal Register, Volume 81 Issue 165 (Thursday, August 25, 2016) 
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58395-58397]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20432]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 58396]]

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

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

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

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''
    We did not publish a Notice of Proposed Rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM thirty days in advance of its 
publication in the Federal Register, because publishing an NPRM would 
be impracticable. The availability of assets and the desired location 
of the demonstration could not be confirmed in time to allow for a 
notice and comment period. Delay in this temporary rule's effective 
date would be detrimental to the immediate need to ensure the safety 
and security of U.S. Navy and U.S. Coast Guard assets and personnel.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable because of the immediate need 
to ensure the security of the U.S. Navy and U.S. Coast Guard assets and 
personnel.

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

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

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

A. Regulatory Planning and Review

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

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit or anchor in the impacted portion of the San Diego 
Bay from 11:00 a.m. through 2:00 p.m. on September 10, 2016.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic can pass safely around the zone, and the zone will be enforced 
for a short duration of time. The Coast Guard will issue a SMIB to 
mariners via VHF Channel 16 and 22A before the security zone is 
enforced.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

[[Page 58397]]

    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that it is consistent with the fundamental federalism principles and 
preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves establishment of a security zone lasting only 3 hours on 
the navigable waters of San Diego Bay. It is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5, 165.30; Department of Homeland Security 
Delegation No. 0170.01.


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


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

    (a) Location. The following area is a security zone: The limits of 
the security zone will include all the navigable waters within a 750-
foot radius centered at the following coordinate: 32[deg]43'18'' N., 
117[deg]12'11'' W.
    (b) Definitions. The following definition applies to this section: 
Designated representative means any commissioned, warrant, or petty 
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, 
or local, state, or federal law enforcement vessels that have been 
authorized to act on the behalf of the Captain of the Port.
    (c) Regulations. (1) Under the general regulations in 33 CFR 
165.33, entry into, or movement within this zone is prohibited unless 
authorized by the Captain of the Port San Diego or his designated 
representative.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or his designated representative.
    (3) Upon being hailed by U.S. Coast Guard or designated patrol 
personnel by siren, radio, flashing light or other means, the operator 
of a vessel shall proceed as directed.
    (4) The Coast Guard may be assisted by other federal, state, or 
local agencies in patrol and notification of the regulation.
    (5) Vessel operators desiring to enter or operate within this 
security zone shall contact the Captain of the Port or his designated 
representative via VHF channel 16 to obtain permission to do so.
    (d) Enforcement period. This section will be enforced from 11:00 
a.m. to 2:00 p.m. on September 10, 2016.

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

Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations 58395 DEPARTMENT OF HOMELAND Local and Broadcast Notices to Mariners remain closed to vessel traffic to SECURITY of the change in operating schedule for facilitate heavier than normal pedestrian the bridge so that vessels can arrange traffic associated with Hands Across the Coast Guard their transits to minimize any impact Bridges event. The I–5 Bridges cross the caused by the temporary deviation. Columbia River at mile 106.5, and 33 CFR Part 117 In accordance with 33 CFR 117.35(e), provide three designated navigation [Docket No. USCG–2016–0831] the drawbridge must return to its regular channels with vertical clearances operating schedule immediately at the ranging from 39 to 72 feet above Drawbridge Operation Regulation; end of the effective period of this Columbia River Datum 0.0 while the lift Reynolds Channel, Nassau County, NY temporary deviation. This deviation spans are in the closed-to-navigation from the operating regulations is position. The normal operating schedule AGENCY: Coast Guard, DHS. authorized under 33 CFR 117.35. for the I–5 Bridges is 33 CFR 117.869. ACTION:Notice of deviation from Dated: August 22, 2016. This deviation period is from 10 a.m. to drawbridge regulation. C.J. Bisignano, 1 p.m. on September 5, 2016. The Supervisory Bridge Management Specialist, deviation allows the lift spans of the SUMMARY: The Coast Guard has issued a I–5 Bridges to remain in the closed-to- temporary deviation from the operating First Coast Guard District. [FR Doc. 2016–20372 Filed 8–24–16; 8:45 am] navigation position, and need not open schedule that governs the Long Beach for maritime traffic during this period. Bridge, mile 4.7, across Reynolds BILLING CODE 9110–04–P The bridges shall operate in accordance Channel, at Nassau County, New York. with 33 CFR 117.869 at all other times. This temporary deviation is necessary to Waterway usage on this part of the facilitate public safety during a public DEPARTMENT OF HOMELAND SECURITY Columbia River includes vessels ranging event, the Annual Fireworks Display. from commercial tug and tow vessels to DATES: This deviation is effective from recreational pleasure craft. Coast Guard 9:30 p.m. on September 2, 2016 to 10:30 Vessels able to pass under the bridges p.m. on September 3, 2016. 33 CFR Part 117 in the closed positions may do so at ADDRESSES: The docket for this anytime. The bridges will be able to deviation, USCG–2016–0831, is [Docket No. USCG–2016–0817] open for emergencies and there is no available at http://www.regulations.gov. immediate alternate route for vessels to Drawbridge Operation Regulation; Type the docket number in the pass. The Coast Guard will also inform Columbia River, Portland, OR and ‘‘SEARCH’’ box and click ‘‘SEARCH’’. the users of the waterways through our Vancouver, WA Click on Open Docket Folder on the line Local and Broadcast Notices to Mariners associated with this deviation. AGENCY: Coast Guard, DHS. of the change in operating schedule for FOR FURTHER INFORMATION CONTACT: If ACTION:Notice of deviation from the bridge so that vessels can arrange you have questions on this temporary drawbridge regulation. their transits to minimize any impact deviation, call or email Ms. Judy K. caused by the temporary deviation. Leung-Yee, Project Officer, First Coast SUMMARY: The Coast Guard has issued a In accordance with 33 CFR 117.35(e), Guard District, telephone (212) 514– temporary deviation from the operating the drawbridges must return to their 4330, email Judy.K.Leung-Yee@uscg.mil. schedule that governs the Interstate 5 regular operating schedule immediately (I–5) Bridges across the Columbia River, at the end of the effective period of this SUPPLEMENTARY INFORMATION: The bridge mile 106.5, between Portland, Oregon, temporary deviation. This deviation owner, Nassau County Department of and Vancouver, Washington. The Public Works, requested this temporary from the operating regulations is deviation is necessary to facilitate the authorized under 33 CFR 117.35. deviation from the normal operating movement and safety of pedestrians on schedule to facilitate a public event, the the I–5 Bridges. This deviation allows Dated: August 19, 2016. Annual Fireworks Display. the bridges to remain in the closed-to- Steven M. Fischer, The Long Beach Bridge, mile 4.7, navigation position during the Hands Bridge Administrator, Thirteenth Coast Guard across Reynolds Channel has a vertical Across the Bridge event. District. clearance in the closed position of 22 [FR Doc. 2016–20368 Filed 8–24–16; 8:45 am] DATES: This deviation is effective from feet at mean high water and 24 feet at 10 a.m. to 1 p.m. on September 5, 2016. BILLING CODE 9110–04–P mean low water. The existing bridge operating regulations are found at 33 ADDRESSES: The docket for this CFR 117.799(g). deviation, [USCG–2016–0XXX] is DEPARTMENT OF HOMELAND Reynolds Channel is transited by available at http://www.regulations.gov. SECURITY commercial and recreational traffic. Type the docket number in the Under this temporary deviation, the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Coast Guard Long Beach Bridge may remain in the Click on Open Docket Folder on the line closed position between 9:30 p.m. and associated with this deviation. 33 CFR Part 165 10:30 p.m. on September 2, 2016 (rain FOR FURTHER INFORMATION CONTACT: If [Docket Number USCG–2016–0756] date: September 3, 2016 between 9:30 you have questions on this temporary p.m. and 10:30 p.m.). deviation, call or email Mr. Steven RIN 1625–AA87 Vessels able to pass under the bridge Fischer, Bridge Administrator, in the closed position may do so at Thirteenth Coast Guard District; Security Zone; U.S. Navy/U.S. Coast Lhorne on DSK30JT082PROD with RULES anytime. The bridges will not be able to telephone 206–220–7282, email d13-pf- Guard Assets Demonstration in open for emergencies and there are no d13bridges@uscg.mil. Conjunction With Fleet Week San immediate alternate routes for vessels to SUPPLEMENTARY INFORMATION: The Diego, San Diego Bay; San Diego, CA pass. Oregon Department of Transportation AGENCY: Coast Guard, DHS. The Coast Guard will also inform the has requested that the Interstate 5 (I–5) ACTION: Temporary final rule. users of the waterways through our Bridges across the Columbia River VerDate Sep<11>2014 13:55 Aug 24, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\25AUR1.SGM 25AUR1

58396 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations SUMMARY: The Coast Guard is availability of assets and the desired A. Regulatory Planning and Review establishing a temporary 750-foot radius location of the demonstration could not Executive Orders 12866 and 13563 security zone on the navigable waters of be confirmed in time to allow for a direct agencies to assess the costs and the U.S. in San Diego Bay, San Diego, notice and comment period. Delay in benefits of available regulatory CA, in support of Fleet Week San Diego this temporary rule’s effective date alternatives and, if regulation is on September 10, 2016. This action is would be detrimental to the immediate necessary, to select regulatory necessary to provide for the safety and need to ensure the safety and security of approaches that maximize net benefits. security of U.S. Navy and U.S Coast U.S. Navy and U.S. Coast Guard assets E.O. 13563 emphasizes the importance Guard surface and aerial assets, crews, and personnel. of quantifying both costs and benefits, of and support personnel who will be We are issuing this rule, and under 5 reducing costs, of harmonizing rules, performing mission capability and U.S.C. 553(d)(3), the Coast Guard finds and of promoting flexibility. This rule search and rescue demonstrations. that good cause exists for making it has not been designated a ‘‘significant Unauthorized persons and vessels will effective less than 30 days after regulatory action,’’ under E.O. 12866. be prohibited from entering into or publication in the Federal Register. Accordingly, it has not been reviewed remaining in the security zone unless Delaying the effective date of this rule by the Office of Management and authorized by the Captain of the Port would be impracticable because of the Budget. This determination is based on San Diego or his designated immediate need to ensure the security the size, location and limited duration representative. of the U.S. Navy and U.S. Coast Guard of the security zone. This zone impacts DATES: This rule is effective from 11 assets and personnel. a small designated area of the San Diego a.m. until 2 p.m. on September 10, 2016. III. Legal Authority and Need for Rule bay for a very limited period. ADDRESSES: To view documents Furthermore, vessel traffic can safely mentioned in this preamble as being The legal basis and authorities for this transit around the security zone. available in the docket, go to http:// temporary rule are found in 33 U.S.C. 1231, 50 U.S.C. 191; 33 CFR 1.05–1, B. Impact on Small Entities www.regulations.gov, type USCG–2016– 0756 in the ‘‘SEARCH’’ box and click 6.04–1, 6.04–6, 160.5, and 165.30; and The Regulatory Flexibility Act of 1980 ‘‘SEARCH.’’ Click on Open Docket Department of Homeland Security (RFA), 5 U.S.C. 601–612, as amended, Folder on the line associated with this Delegation No. 0170.1, which requires federal agencies to consider the rule. collectively authorize the Coast Guard potential impact of regulations on small to propose, establish, and define entities during rulemaking. The term FOR FURTHER INFORMATION CONTACT: If regulatory security zones. The Coast ‘‘small entities’’ comprises small you have questions on this rule, call or Guard is establishing a temporary businesses, not-for-profit organizations email LT Robert Cole, Waterways security zone on the navigable waters of that are independently owned and Management, U.S. Coast Guard Sector the San Diego Bay to ensure the safety operated and are not dominant in their San Diego, Coast Guard; telephone 619– and security of U.S. Navy and U.S. fields, and governmental jurisdictions 278–7656, email D11MarineEventsSD@ Coast Guard assets and personnel in San with populations of less than 50,000. uscg.mil. Diego, CA, on September 10, 2016. The Coast Guard certifies under 5 U.S.C. SUPPLEMENTARY INFORMATION: 605(b) that this rule will not have a IV. Discussion of the Rule I. Table of Abbreviations significant economic impact on a The Coast Guard is establishing a substantial number of small entities. CFR Code of Federal Regulations temporary security zone that will be This rule will affect the following COTP Captain of the Port enforced from 11:00 a.m. to 2:00 p.m. on entities, some of which may be small DHS Department of Homeland Security September 10, 2016. This security zone entities: the owners or operators of NPRM Notice of Proposed Rulemaking SMIB Safety Marine Information Broadcast will encompass the waters within a 750- vessels intending to transit or anchor in U.S.C. United States Code foot radius centered at the following the impacted portion of the San Diego VHF Very High Frequency coordinate: 32°43′18″ N., 117°12′11″ W. Bay from 11:00 a.m. through 2:00 p.m. The purpose of the security zone is on September 10, 2016. II. Background Information and intended to protect the U.S. Navy and This security zone will not have a Regulatory History U.S. Coast Guard surface and aerial significant economic impact on a The Coast Guard is issuing this assets, crews, and support personnel substantial number of small entities for temporary rule without prior notice and who will be performing mission the following reasons: Vessel traffic can opportunity to comment pursuant to capability and search and rescues pass safely around the zone, and the authority under section 4(a) of the demonstrations in San Diego, CA. zone will be enforced for a short Administrative Procedure Act (APA) (5 Persons and vessels will be prohibited duration of time. The Coast Guard will U.S.C. 553(b)). This provision from entering into or remaining in the issue a SMIB to mariners via VHF authorizes an agency to issue a rule security zone unless authorized by the Channel 16 and 22A before the security without prior notice and opportunity to COTP San Diego or his designated zone is enforced. comment when the agency for good representative. Prior to the event and Under section 213(a) of the Small cause finds that those procedures are during the enforcement of the event, the Business Regulatory Enforcement ‘‘impracticable, unnecessary, or contrary Coast Guard will issue a SMIB via VHF Fairness Act of 1996 (Pub. L. 104–121), to the public interest.’’ Channel 16/22A. we want to assist small entities in We did not publish a Notice of understanding this rule. If the rule V. Regulatory Analyses Proposed Rulemaking (NPRM) for this would affect your small business, Lhorne on DSK30JT082PROD with RULES regulation. Under 5 U.S.C. 553(b)(B), the We developed this rule after organization, or governmental Coast Guard finds that good cause exists considering numerous statutes and jurisdiction and you have questions for not publishing a NPRM thirty days Executive Orders related to rulemaking. concerning its provisions or options for in advance of its publication in the Below we summarize our analyses compliance, please contact the person Federal Register, because publishing an based on these statutes and executive listed in the FOR FURTHER INFORMATION NPRM would be impracticable. The orders. CONTACT section. VerDate Sep<11>2014 13:55 Aug 24, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\25AUR1.SGM 25AUR1

Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations 58397 Small businesses may send comments do discuss the effects of this rule waters within a 750-foot radius centered on the actions of Federal employees elsewhere in this preamble. at the following coordinate: 32°43′18″ who enforce, or otherwise determine N., 117°12′11″ W. F. Environment compliance with, Federal regulations to (b) Definitions. The following the Small Business and Agriculture We have analyzed this rule under definition applies to this section: Regulatory Enforcement Ombudsman Department of Homeland Security Designated representative means any and the Regional Small Business Management Directive 023–01 and commissioned, warrant, or petty officer Regulatory Fairness Boards. The Commandant Instruction M16475.lD, of the Coast Guard on board Coast Ombudsman evaluates these actions which guide the Coast Guard in Guard, Coast Guard Auxiliary, or local, annually and rates each agency’s complying with the National state, or federal law enforcement vessels responsiveness to small business. If you Environmental Policy Act of 1969 (42 that have been authorized to act on the wish to comment on actions by U.S.C. 4321–4370f), and have behalf of the Captain of the Port. employees of the Coast Guard, call 1– determined that this action is one of a (c) Regulations. (1) Under the general 888–REG–FAIR (1–888–734–3247). The category of actions that do not regulations in 33 CFR 165.33, entry into, Coast Guard will not retaliate against individually or cumulatively have a or movement within this zone is small entities that question or complain significant effect on the human prohibited unless authorized by the about this rule or any policy or action environment. This rule involves Captain of the Port San Diego or his of the Coast Guard. establishment of a security zone lasting designated representative. only 3 hours on the navigable waters of (2) All persons and vessels shall C. Collection of Information San Diego Bay. It is categorically comply with the instructions of the This rule will not call for a new excluded from further review under Coast Guard Captain of the Port or his collection of information under the paragraph 34(g) of Figure 2–1 of the designated representative. Paperwork Reduction Act of 1995 (44 Commandant Instruction. An (3) Upon being hailed by U.S. Coast U.S.C. 3501–3520). environmental analysis checklist Guard or designated patrol personnel by supporting this determination and a siren, radio, flashing light or other D. Federalism Categorical Exclusion Determination are means, the operator of a vessel shall A rule has implications for federalism available in the docket where indicated proceed as directed. under Executive Order 13132, under ADDRESSES. We seek any (4) The Coast Guard may be assisted Federalism, if it has a substantial direct comments or information that may lead by other federal, state, or local agencies effect on the States, on the relationship to the discovery of a significant in patrol and notification of the between the national government and environmental impact from this rule. regulation. the States, or on the distribution of G. Protest Activities (5) Vessel operators desiring to enter power and responsibilities among the or operate within this security zone various levels of government. We have The Coast Guard respects the First shall contact the Captain of the Port or analyzed this rule under that Order and Amendment rights of protesters. his designated representative via VHF determined that it is consistent with the Protesters are asked to contact the channel 16 to obtain permission to do fundamental federalism principles and person listed in the FOR FURTHER so. INFORMATION CONTACT section to (d) Enforcement period. This section preemption requirements described in E.O. 13132. coordinate protest activities so that your will be enforced from 11:00 a.m. to 2:00 message can be received without p.m. on September 10, 2016. Also, this rule does not have tribal jeopardizing the safety or security of implications under Executive Order Dated: August 10, 2016. people, places or vessels. 13175, Consultation and Coordination J.R. Buzzella, with Indian Tribal Governments, List of Subjects in 33 CFR Part 165 Captain, U.S. Coast Guard, Captain of the because it does not have a substantial Harbors, Marine safety, Navigation Port San Diego. direct effect on one or more Indian (water), Reporting and recordkeeping [FR Doc. 2016–20432 Filed 8–24–16; 8:45 am] tribes, on the relationship between the requirements, Security measures, BILLING CODE 9110–04–P Federal Government and Indian tribes, Waterways. or on the distribution of power and For the reasons discussed in the responsibilities between the Federal preamble, the Coast Guard amends 33 ENVIRONMENTAL PROTECTION Government and Indian tribes. If you CFR part 165 as follows: AGENCY believe this rule has implications for federalism or Indian tribes, please PART 165—REGULATED NAVIGATION 40 CFR Part 52 contact the person listed in the FOR AREAS AND LIMITED ACCESS AREAS FURTHER INFORMATION CONTACT section [EPA–R08–OAR–2016–0377; FRL–9951–34– above. ■ 1. The authority citation for part 165 Region 8] continues to read as follows: E. Unfunded Mandates Reform Act Approval and Promulgation of Air Authority: 33 U.S.C. 1231; 50 U.S.C. 191, Quality Implementation Plans; State of The Unfunded Mandates Reform Act 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5, 165.30; Department of Homeland Security Wyoming; Emission Inventory Rule for of 1995 (2 U.S.C. 1531–1538) requires Delegation No. 0170.01. 2008 Ozone NAAQS and Revisions to Federal agencies to assess the effects of Incorporation by Reference their discretionary regulatory actions. In ■ 2. Add § 165.T11–797 to read as particular, the Act addresses actions follows: AGENCY: Environmental Protection Lhorne on DSK30JT082PROD with RULES that may result in the expenditure by a Agency (EPA). State, local, or tribal government, in the § 165.T11–797 Security Zone; San Diego ACTION: Direct final rule. aggregate, or by the private sector of Bay; San Diego, CA. $100,000,000 (adjusted for inflation) or (a) Location. The following area is a SUMMARY: The Environmental Protection more in any one year. Though this rule security zone: The limits of the security Agency (EPA) is approving State will not result in such expenditure, we zone will include all the navigable Implementation Plan (SIP) revisions VerDate Sep<11>2014 13:55 Aug 24, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\25AUR1.SGM 25AUR1


Document Created: 2016-08-25 00:35:01
Document Modified: 2016-08-25 00:35:01
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 11 a.m. until 2 p.m. on September 10, 2016.
ContactIf you have questions on this rule, call or email LT Robert Cole, Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, email [email protected]
FR Citation81 FR 58395 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
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