
[Federal Register: May 17, 2010 (Volume 75, Number 94)]
[Rules and Regulations]
[Page 27432-27434]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my10-16]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0221]
RIN 1625-AA87


Security Zone; Golden Guardian 2010 Regional Exercise; San
Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary security zones on
the navigable waters of the San Francisco Bay in support of Golden
Guardian 2010 Regional Exercise. These temporary security zones are
necessary to provide for the safety of the U.S. Navy's Marine Mammal
Project participants, U.S. Coast Guard, local law enforcement, their
crews, and the public during the statewide port security full scale
exercise. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within the temporary security zones
unless authorized by the Captain of the Port or his designated
representative.

DATES: This rule is effective from 8:50 a.m. through 2:10 p.m. on May
18, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0221 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2010-0221
in the ``Keyword'' box, and then clicking ``Search.'' This material is
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 Ensign Liezl Nicholas, Waterways
Management, U.S. Coast Guard Sector San Francisco, Coast Guard;
telephone 415-399-7442, e-mail D11-PF-MarineEvents@uscg.mil. 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 is impracticable since the
logistical details of the operations were not presented to the Coast
Guard with sufficient time to draft and publish an NPRM. It is also
contrary to the public interest to delay the exercise because it is in
the national interest to have a trained port security military response
team.
    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 the same reasons indicated
above.

Basis and Purpose

    The California Emergency Management Agency has requested that the
Coast Guard enforce temporary security zones for operations on May 18,
2010 at the Golden Guardian 2010 Regional Exercises, which is a
statewide port security full scale exercise. The temporary security
zones will encompass all navigable waters within 100 yards of the
participating vessels. The temporary security zones are needed to
protect the U.S. Navy's Marine Mammal Project participants, the U.S.
Coast Guard, local law enforcement, their crews, and the public during
operations from sabotage or other subversive acts, accidents, criminal
actions or other causes of a similar nature.

Discussion of Rule

    The Coast Guard is establishing temporary security zones that would
be enforced on May 18, 2010 from 8:50 a.m. to 2:10 p.m. These security
zones include all navigable waters within 100 yards of the nearest
point of the vessels involved in the Golden Guardian 2010 Regional
Exercises. The vessels will be located at approximately
37[deg]47[min]33[sec] N and 122[deg]18[min]00[sec] W;
37[deg]49[min]12.30[sec] N and

[[Page 27433]]

122[deg]18[min]49.23[sec] W; 37[deg]46[min]39.37[sec] N and
122[deg]23[min]12.64[sec] W (NAD 83).
    Persons and vessels will be prohibited from entering into,
transiting through, or anchoring within the temporary safety zones
unless authorized by the Captain of the Port, or his designated
representative.
    The temporary security zones will be enforced by Coast Guard patrol
craft and San Francisco Harbor Police as authorized by the Captain of
the Port. See 33 CFR 6.04-11, Assistance of other agencies.

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.
    It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security (DHS). Due to
National Security interests, the implementation of these temporary
security zones are necessary for the protection of the United States
and its people. The size of the zones are the minimum necessary to
provide adequate protection for the U.S. Navy's Marine Mammal Project
participants, the U.S. Coast Guard, local law enforcement, their crews,
adjoining areas and the public. Most of the entities likely to be
affected are pleasure craft engaged in recreational activities and
sightseeing. Any hardships experience by persons or vessels are
considered minimal compared to the national interest in protecting U.S.
Navy's Marine Mammal Project participants, the U.S. Coast Guard, local
law enforcement vessels, their crews, and the public. Accordingly, full
regulatory evaluation under paragraph 10(e) of the regulatory policies
and procedures of the DHS is unnecessary.

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 Francisco Bay on May 18, 2010.
    The security zones 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. Before the effective period,
the Coast Guard will issue local notice to mariners (LNM) and broadcast
notice to mariners (BNM) alerts via VHF-FM marine channel 16 before the
security 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 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 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

[[Page 27434]]

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 which 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
security zones.
    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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.


0
2. Add new temporary Sec.  165.T11-308 to read as follows:


Sec.  165.T11-308  Security Zone; Golden Guardian 2010 Regional
Exercise; San Francisco Bay, San Francisco, CA.

    (a) Location. All navigable waters within 100 yards of the exercise
vessels while at positions: 37[deg]47'33'' N and 122[deg]18'00'' W;
37[deg]49'12.30'' N and 122[deg]18'49.23'' W; 37[deg]46'39.37'' N and
122[deg]23'12.64'' W (NAD 83).
    (b) Enforcement Period. This section will be enforced from 8:50
a.m. through 2:10 p.m. on May 18, 2010. If the operation concludes
prior to the scheduled termination time, the Captain of the Port San
Francisco will cease enforcement of the security zones and will make
the announcement via Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to these
sections: 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
San Francisco.
    (c) Regulations. (1) Entry into, transit through or anchoring
within this security zone is prohibited unless authorized by the
Captain of the Port San Francisco or designated representative.
    (2) Mariners requesting permission to transit through the security
zones 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 San Francisco or designated
representative.
    (4) Upon being hailed by U.S. Coast Guard patrol 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: May 5, 2010.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2010-11883 Filed 5-13-10; 4:15 pm]
BILLING CODE 9110-04-P

