[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Rules and Regulations]
[Pages 55270-55272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22578]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0782]
RIN 1625-AA00
Safety Zone; NASSCO Launching of USNS Washington Chambers, San
Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Diego Bay in support of the NASSCO Ship
Launching for the USNS Washington Chambers. The safety zone is
necessary to provide for the safety of 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 (COTP) San Diego or his
designated representative.
DATES: This rule is effective from 9:15 a.m. through 11:15 a.m. on
September 11, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0782 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0782 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Corey McDonald, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7262, e-mail [email protected]. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it was impracticable since the
logistical details of the launching were not finalized nor presented to
the Coast Guard in time to draft and publish an NPRM. As such, the
event would occur before the rulemaking process was complete. Any delay
in the regulation's effective date would be contrary to the public
interest, as immediate action is necessary to provide for the safety of
vessels and users of the waterway.
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. The issuance of final approval was
so recent that the rule will be made effective less than 30 days after
publication. Any delay in the effective date of this rule will expose
vessels and persons of the waterway to dangers posed by ship
launchings.
Basis and Purpose
The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Diego Bay to contribute to the safety of
the USNS Washington Chambers and surrounding vessels as this ship
launches from
[[Page 55271]]
NASSCO shipyards. There will be three tugboats to take control of the
vessel after the launch. This temporary safety zone is necessary to
provide for the safety of the vessels and users of the waterway.
Discussion of Rule
The USNS Washington Chambers will be launched from NASSCO shipyard
into the San Diego Bay. The safety zone is required because the
vessel's planned launch location is in the maritime navigation channel.
The safety zone will be enforced on September 11, 2010. The limits of
the temporary safety zone include all navigable waters encompassed by
the following coordinates:
32[deg]41.39[min] N, 117[deg]08.66[min] W;
32[deg]41.24[min] N, 117[deg]09.05[min] W;
32[deg]41.05[min] N, 117[deg]08.73[min] W;
32[deg]41.20[min] N, 117[deg]08.34[min] W;
thence north along the shoreline to 32[deg]41.39[min] N,
117[deg]08.66[min] W.
The safety zone is necessary to provide for the safety of the
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 COTP San Diego or his designated
representative. Vessels or persons violating this section will be
subject to both criminal and civil penalties.
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
determination is based on the size, duration, and location of the
safety zone. This rule will be enforced only 2 hours early in the day
when vessel traffic is low. Furthermore, vessel traffic can pass safely
around the zone.
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 will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of the San Diego Bay from 9:15 a.m. to 11:15
a.m. on September 11, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced only 2 hours early in the day when vessel traffic
is low. Vessel traffic can pass safely around the zone. Before the
effective period, 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.
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 (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.
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.
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 55272]]
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 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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g.),
of the Instruction. This rule involves the establishment of 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, 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, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.01.
0
2. Add Sec. 165.T11-347 to read as follows:
Sec. 165.T11-347 Safety Zone; NASSCO Launching of USNS Washington
Chambers, San Diego Bay, San Diego, CA.
(a) Location. The safety zone will encompass the navigable waters
encompassed by the following coordinates:
32[deg]41.39[min] N, 117[deg]08.66[min] W;
32[deg]41.24[min] N, 117[deg]09.05[min] W;
32[deg]41.05[min] N, 117[deg]08.73[min] W;
32[deg]41.20[min] N, 117[deg]08.34[min] W;
thence north along the shoreline to 32[deg]41.39[min] N,
117[deg]08.66[min] W.
(b) Enforcement Period. This section will be enforced from 9:15
a.m. until 11:15 a.m. on September 11, 2010. 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, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and Federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
(d) Regulations. (1) No person or vessel may enter or remain in a
safety zone without the permission of the COTP or his designated
representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(4) Upon being hailed by U.S. Coast Guard or other official
personnel by siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed.
(5) The Coast Guard may be assisted by other Federal, State, or
local agencies.
Dated: August 25, 2010.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2010-22578 Filed 9-9-10; 8:45 am]
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