[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Rules and Regulations]
[Page 9956-9958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr09-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0063]
RIN 1625-AA00
Safety Zone; Coast Guard Air Station San Francisco Airborne Use
of Force Judgmental Training Flights
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the San Pablo Bay, CA for training purposes. This
safety zone is established to ensure the safety of the public and
participating crews from potential hazards associated with fast-moving
Coast Guard smallboats taking part in the exercise. Unauthorized
persons or vessels are prohibited from entering into, transiting
through, or remaining in the safety zone without permission of the
Captain of the Port San Francisco or his designated representative.
DATES: This safety zone is effective from 9 a.m. on February 10, 2009,
until 10 p.m. on March 20, 2009.
ADDRESSES: Comments and materials received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket USCG-2009-0063 and are available online at http://
www.regulations.gov, selecting the Advanced Docket Search option on the
right side of the screen, inserting USCG-2009-0063 in the Docket ID
box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
two locations: The Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays, and Coast Guard Sector
San Francisco, 1 Yerba Buena Island, San Francisco, California 94130,
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Junior Grade Megan Clifford, U.S. Coast
Guard Sector San Francisco, at (415) 399-7436. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
Due to the dynamic availability of Coast Guard assets to conduct
this training, the Coast Guard is issuing this final rule without prior
notice and opportunity to comment pursuant to authority under section
(a)(1) of the Administrative Procedure Act (APA) (5 U.S.C. 553). This
provision creates a military function exception to the advance
publication requirements. Because of the potential hazards posed by
this exercise, the safety zone is necessary to provide for the safety
of the public, participating vessels and crews, and other vessels
transiting the area. For the safety concerns noted, it is in the public
interest to have these regulations in effect during the event.
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 any delay in the effective date of this
rule would expose mariners to the potential hazards posed by the
exercises. For the same reasons as above, 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.
Background and Purpose
U.S. Coast Guard Air Station San Francisco will be conducting
airborne use of force judgmental training flights with observers from
the Coast Guard Aviation Training Center and Coast Guard Headquarters,
on February 10, and March 5 through 20, 2009 (excluding Saturdays and
Sundays), in the waters of San Pablo Bay. The exercises are designed to
train and test Coast Guard aviation personnel in the judgmental
decision-making process necessary to safely and effectively employ use
of force from a helicopter
[[Page 9957]]
during homeland security incidents. The training will generally involve
the use of Coast Guard helicopters to intercept fast-moving, evasive
smallboats on the water. The helicopter crews will fire weapons at the
smallboats using blank ammunition and catch bags to ensure that
cartridges and other debris do not fall to the water. This safety zone
is issued to establish a temporary restricted area in San Pablo Bay
around the training site.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone in the
navigable waters of San Pablo Bay. During the exercises the safety zone
applies to the navigable waters, from the surface to the seafloor,
defined by enclosing an area between the following points:
38[deg]05'11'' N, 122[deg]22'10'' W; 38[deg]03'44'' N, 122[deg]20'12''
W; 38[deg]00'41'' N, 122[deg]25'28'' W; and 38[deg]01'45'' N,
122[deg]26'38'' W (NAD 83).
The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the exercise.
Except for persons or vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the restricted
area. These regulations are intended to keep the public a safe distance
away from the participating smallboats and to ensure the safety of
transiting vessels.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this rule restricts access to the waters encompassed by
the safety zone, the effect of the rule will not be significant because
the safety zone is in an area of San Pablo Bay not heavily used by
commercial traffic and because local waterway users will be notified
via Broadcast Notice to Mariners to ensure minimum impact. The entities
most likely to be affected are pleasure craft engaged in recreational
activities.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 may affect owners and operators of pleasure craft engaged
in recreational activities and sightseeing. This rule will not have a
significant economic impact on a substantial number of small entities
for several reasons: (i) Vessel traffic can pass safely around the
area, (ii) vessels engaged in recreational activities and sightseeing
have ample space outside of the effected portion of the San Pablo Bay
to engage in these activities, (iii) this rule will encompass only a
small portion of the waterway for limited periods of time, and (iv) the
maritime public will be advised in advance of and during the
enforcement of this safety zone via Broadcast Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That
[[Page 9958]]
Significantly Affect Energy Supply, Distribution, or Use. We have
determined that it is not a ``significant energy action'' under that
order because it is not a ``significant regulatory action'' under
Executive Order 12866 and is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. The Administrator
of the Office of Information and Regulatory Affairs has not designated
it as a significant energy action. Therefore, it does not require a
Statement of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 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 concluded
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because this temporary rule establishes a
safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165-T11-149 to read as follows:
Sec. 165-T11-149 Safety Zone; Coast Guard Air Station San Francisco
Airborne Use of Force Judgmental Training Flights.
(a) Location. This temporary safety zone is established for the
navigable waters of the San Pablo Bay, from the surface to the
seafloor, defined by enclosing an area between the following points:
38[deg]05'11'' N, 122[deg]22'10'' W; 38[deg]03'44'' N, 122[deg]20'12''
W; 38[deg]00'41'' N, 122[deg]25'28'' W; and 38[deg]01'45'' N,
122[deg]26'38'' W (NAD 83).
(b) Definitions. As used in this section, ``Designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer assisting the
Captain of the Port (COTP) San Francisco in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general regulations in Sec. 165.23
of this title, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the COTP or the COTP's
designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative. Persons and
vessels may request permission to enter the safety zone by contacting
the Patrol Commander on VHF-16 or through the Coast Guard Command
Center at telephone (415) 399-3547.
(d) Enforcement period. This temporary rule will be enforced from 9
a.m. to 5 p.m. on February 10, 2009, and from 10 a.m. to 10 p.m. on
March 5-6, 9-13, and 16-20, 2009.
Dated: February 9, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E9-4894 Filed 3-6-09; 8:45 am]
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