Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 19201 

Under the regular operating schedule, 

the I–695 Bridge draw must open on 

signal if at least one hour notice is 

given. The bridge has a vertical 

clearance in the closed position to 

vessels of 58 feet above mean high 

water. 

Under this temporary deviation, the 

drawbridge will be maintained in the 

closed to navigation position daily 

between 8 a.m. and 5 p.m. but will be 

able to open for navigation with a 2 

hour advance notice by contacting (410) 

354–1374 or utilizing VHF Channel 13/ 

16. 

The bridge will operate under the 

normal operating schedule at all other 

times. Emergency openings can be 

provided with advance notice by 

contacting (410) 354–1374 or utilizing 

VHF Channel 13/16. There are no 

alternate routes for vessels transiting 

this section of the Curtis Creek. 

Curtis Creek is used by a variety of 

vessels including military, tugs, 

commercial, and recreational vessels. 

The Coast Guard has carefully 

coordinated the restrictions with these 

waterway users. The Coast Guard will 

also inform additional waterway users 

through our Local and Broadcast Notice 

to Mariners of the closure periods for 

the bridge so that vessels can arrange 

their transits to minimize any impacts 

caused by the temporary deviation. 

Mariners able to pass under the bridge 

in the closed position may do so at any 

time. However, mariners are advised to 

proceed with caution. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 30, 2015. 

James L. Rousseau, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2015–08343 Filed 4–9–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0137] 

RIN 1625–AA00 

Safety Zone; Naval Helicopter 

Association (NHA) Red Bull Helicopter 

Demonstration; San Diego Bay, San 

Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of San Diego Bay 

for a helicopter aerial demonstration 

sponsored by the Naval Helicopter 

Association (NHA). This safety zone is 

established to ensure the safety of the 

helicopter aircrew, spectators, safety 

vessels, and other vessels and users of 

the waterway. Unauthorized 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. The Coast 

Guard requests public comments on the 

temporary safety zone. 

DATES: This rule is effective from 6:30 

p.m. to 7:30 p.m. on May 12, 2015. 

Public comments must be received by 

May 11, 2015. 

ADDRESSES: Submit comments using one 

of the listed methods, and see 

SUPPLEMENTARY INFORMATION for more 

information on public comments. 

• Online—http://www.regulations.gov 

following Web site instructions. 

• Fax—202–493–2251. 

• Mail or hand deliver—Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Hand 

delivery hours: 9 a.m. to 5 p.m., Monday 

through Friday, except Federal holidays 

(telephone 202–366–9329). 

Documents mentioned in this 

preamble are part of docket [USCG– 

2015–0137]. 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 Randolph Pahilanga, 

Waterways Management, U.S. Coast 

Guard Sector San Diego; telephone (619) 

278–7656, email D11-PFMarineEventsSanDiego@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. Public Participation and Comments 

We encourage you to submit 

comments (or related material) on this 

temporary final rule. We will consider 

all submissions and may adjust our final 

action based on your comments. 

Comments should be marked with 

docket number USCG–2015–0137 and 

should provide a reason for each 

suggestion or recommendation. You 

should provide personal contact 

information so that we can contact you 

if we have questions regarding your 

comments; but please note that all 

comments will be posted to the online 

docket without change and that any 

personal information you include can be 

searchable online (see the Federal 

Register Privacy Act notice regarding 

our public dockets, 73 FR 3316, Jan. 17, 

2008). 

Mailed or hand-delivered comments 

should be in an unbound 81⁄2 x 11 inch 

format suitable for reproduction. The 

Docket Management Facility will 

acknowledge receipt of mailed 

comments if you enclose a stamped, 

self-addressed postcard or envelope 

with your submission. 

Documents mentioned in this notice, 

and all public comments, are in our 

online docket at http://

www.regulations.gov and can be viewed 

by following the Web site’s instructions. 

You can also view the docket at the 

Docket Management Facility (see the 

mailing address under ADDRESSES) 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

B. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final rule safety zone for a 

planned fifteen minute air show over 

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 


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19202 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 

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 March 12, 2015, less than 

60 days before the event, which is 

insufficient time to publish an NPRM. 

The Coast Guard requests new marine 

event permit applications at least 165 

days in advance for proper 

environmental and administrative 

review of the event. 

Nevertheless, we are providing an 

opportunity for subsequent public 

comment and, should public comment 

show the need for modifications to the 

safety zone during the event, we may 

make those modifications during the 

event and will provide actual notice of 

those modifications to the affected 

public. 

C. Basis and Purpose 

The legal basis and authorities for this 

temporary rule are found in 33 U.S.C. 

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; Public Law 

107–295, 116 Stat. 2064; 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 a temporary 

safety zone is needed on the navigable 

waters of the San Diego Bay to ensure 

public safety for the NHA Red Bull 

Helicopter Demonstration. This event 

involves a planned fifteen minute air 

show which flies over a portion of San 

Diego Bay. Because aerial stunt flying 

over busy waterways poses significant 

risk to public safety and property and 

the likely combination of large numbers 

of recreation vessels, congested 

waterways, and low flying could easily 

result in serious injuries or fatalities, a 

safety zone is necessary to safe guard 

spectators, vessels and the event pilots. 

For the safety concerns noted, it is 

important to have these regulations in 

effect during the event and 

impracticable to delay the regulations. 

D. Discussion of the Final Rule 

The Coast Guard is establishing a 

temporary safety zone that will be 

enforced from 6:30 p.m. to 7:30 p.m. on 

May 12, 2015. This safety zone is 

necessary to provide for the safety of the 

helicopter aircrew, 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. 

This temporary safety zone will be 

bound by the following coordinates 

(North American Datum of 1983, World 

Geodetic System, 1984): 32°43.05 N, 

117°10.54 W, 32°43.05 N, 117°10.46 W, 

32°43.33 N, 117°10.54 W, 32°43.33 N, 

117°13.46 W. 

E. 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 proposed 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 6:30 p.m. through 7:30 p.m. on 

May 12, 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 (Public Law 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. 


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Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 19203 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INTFORMATION 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 

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 

■ 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. 

■ 2. Add § 165.T11–689 to read as 

follows: 

§ 165.T11–689 Safety zone; Naval 

Helicopter Association (NHA) Red Bull 

Helicopter Demonstration; San Diego Bay, 

San Diego, CA. 

(a) Location. The safety zone will 

encompass the navigable waters 

encompassed by the following 

coordinates (North American Datum of 

1983, World Geodetic System, 1984): 

32°43.05 N, 117°10.54 W, 32°43.05 N, 

117°10.46 W, 32°43.33 N, 117°10.54 W, 

32°43.33 N, 117°10.46 W. 

(b) Enforcement period. This section 

will be enforced from 6:30 p.m. to 7:30 

p.m. on May 12, 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 33 CFR part 165, subpart 

C, 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: April 1, 2015. 

J.A. Janszen, 

Commander, U.S. Coast Guard, Acting, 

Captain of the Port San Diego. 

[FR Doc. 2015–08347 Filed 4–9–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR PART 165 

[Docket No. USCG–2015–0213] 

RIN 1625–AA00 

Safety Zone; Barge-Based Fireworks, 

Sturgeon Bay, Wisconsin 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Sturgeon Bay in Sturgeon 

Bay, Wisconsin. This safety zone is 

intended to restrict vessels from a 

portion of Sturgeon Bay due to a 

fireworks display. This temporary safety 

zone is necessary to protect the 


rljohnson on DSK3VPTVN1PROD with RULES