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Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations 72025 excluded, under figure 2–1, paragraph DEPARTMENT OF HOMELAND email Lieutenant John Bannon, U.S. (32)(e), of the Instruction. SECURITY Coast Guard Sector San Diego; Under figure 2–1, paragraph (32)(e), of telephone (619) 278–7261 or by email at Coast Guard the Instruction, an environmental [email protected]. If you have analysis checklist and a categorical questions on viewing or submitting 33 CFR Part 165 material to the docket, call Barbara exclusion determination are not Hairston, Program Manager, Docket required for this rule. [Docket No. USCG–2013–0580] Operations, telephone (202) 366–9826. RIN 1625–AA87 List of Subjects in 33 CFR Part 117 SUPPLEMENTARY INFORMATION: Bridges. Security Zones; Naval Base Point Table of Acronyms Loma; Naval Mine Anti Submarine For the reasons discussed in the Warfare Command; San Diego Bay, DHS Department of Homeland Security preamble, the Coast Guard amends 33 FR Federal Register San Diego, CA NPRM Notice of Proposed Rulemaking CFR part 117 as follows: AGENCY: Coast Guard, DHS. A. Regulatory History and Information ACTION: Final rule. PART 117—DRAWBRIDGE The Coast Guard is issuing this final OPERATION REGULATIONS SUMMARY: The Coast Guard is increasing rule after publishing a Notice of a portion of an existing San Diego Bay Proposed Rulemaking (NPRM) on ■ 1. The authority citation for part 117 security zone at Naval Base Point Loma August 28, 2013 (78 FR 53109). continues to read as follows: to support the construction of a new The Coast Guard received no Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Naval fuel pier. Concurrent with the comments on that NPRM and as such, Department of Homeland Security Delegation construction of the new pier, the Coast no changes have been made to these No. 0170.1. Guard is also establishing a new proposed security zones. The Coast security zone at the Naval Mine and Guard also received no requests for ■ 2. Revise § 117.785 to read as follows: Anti-Submarine Warfare Command to public meeting. protect the relocated marine mammal B. Basis and Purpose § 117.785 Genessee River. program throughout the temporary The draw of the Colonel Patrick construction process. The security zone The legal basis for the rule is the Henry O’Rorke Memorial Bridge, mile modifications are intended to restrict Coast Guard’s authority to establish 1.2 at Rochester, shall open on signal vessels from portions of the San Diego regulated navigation areas and limited access areas: 33 U.S.C. 1231; 46 U.S.C. from April 1 through December 15; Bay in order to ensure the safety and Chapter 701, 3306, 3703; 50 U.S.C. 191, however, from 7 a.m. to 9 a.m. and from security of Naval assets. Both security zones will safeguard Naval assets, such 195; 33 CFR 1.05–1, 6.04–6, 160.5; 4 p.m. to 6 p.m., Monday through Public Law 107–295, 116 Stat. 2064; Friday, except Federal holidays, the as vessels, property and waterfront facilities from destruction, loss or injury Department of Homeland Security draw need be opened only for the Delegation No. 0170.1. passage of commercial vessels. From 9 from sabotage or other subversive acts. No persons or vessel may enter or The U.S. Navy is requesting an a.m. to 4 p.m. and 6 p.m. to 11 p.m., remain in the security zones without extension of the existing security zone Monday through Friday, except Federal permission of the Captain of the Port, for the Naval Base Point Loma Fuel Pier holidays, and from 7 a.m. to 11 p.m. on the Commander of Naval Base Point construction and the establishment of a Saturdays, Sundays, and Federal Loma, the Commander of the Naval temporary security zone at the Naval holidays, the draw need be opened only Mine Anti Submarine Warfare Mine and Anti-Submarine Warfare on the hour and half-hour, except that Command, and the Commander of Command to temporarily house the commercial vessels shall be passed at Naval Region Southwest, or a Navy’s marine mammal program during any time. From December 16 through designated representative of those the multi-year construction phase of the March 31, the draw shall open on signal individuals. new fuel pier. if at least 12 hours notice is given. The The extended security zone at Naval DATES: This rule is effective January 2, Base Point Loma will add an additional owners of the bridge shall maintain 2014. clearance gauges in accordance with 33 500 feet east to provide standoff from ADDRESSES: Documents mentioned in CFR 118.160. the new replacement fuel pier which this preamble are part of docket [USCG– will place the end of the pier closer to Dated: November 16, 2013. 2013–0580]. To view documents the federal channel in deeper water. The F. M. Midgette, mentioned in this preamble as being marine mammal pen security zone will Rear Admiral, U.S. Coast Guard Commander, available in the docket, go to http:// also be established at the Naval Mine Ninth Coast Guard District. www.regulations.gov, type the docket and Anti-Submarine Warfare Command [FR Doc. 2013–28695 Filed 11–29–13; 8:45 am] number in the ‘‘SEARCH’’ box and click to provide a 100 foot standoff for marine ‘‘SEARCH.’’ Click on Open Docket BILLING CODE 9110–04–P mammal pens. The marine mammal Folder on the line associated with this pens need to be moved due to the rulemaking. You may also visit the construction activity and noise near Docket Management Facility in Room their current pens. W12–140 on the ground floor of the Both security zones will safeguard Department of Transportation West Naval assets, such as vessels and Building, 1200 New Jersey Avenue SE., waterfront facilities from destruction, Washington, DC 20590, between 9 a.m. loss or injury from sabotage, or other and 5 p.m., Monday through Friday, subversive acts, accidents or other except Federal holidays. causes of a similar nature and still allow FOR FURTHER INFORMATION CONTACT: If for safe navigation around the security you have questions on this rule, call or zones. No persons or vessel may enter VerDate Mar<15>2010 19:14 Nov 29, 2013 Jkt 232001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\02DER1.SGM 02DER1 sroberts on DSK5SPTVN1PROD with RULES 72026 Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations or remain in the security zones without 32°41′47.4″ N, 117°14′11.4″ W Sufficient navigable water exists permission of the Captain of the Port, 32°41′43.8″ N, 117°14′12.6″ W adjacent to the security zones and the the Commander of Naval Base Point 32°41′31.8″ N, 117°14′13.8″ W Federal channel. Additionally, before Loma, The Commander of the Naval 32°41′33.0″ N, 117°14′01.2″ W the effective period, the Coast Guard Mine Anti Submarine Warfare 32°41′10.2″ N, 117°13′57.0″ W will publish a Local Notice to Mariners. Command, the Commander of Naval 32°41′10.2″ N, 117°13′58.2″ W 2. Impact on Small Entities Region Southwest, or a designated The security zone at the Naval Mine representative of those individuals. and Anti-Submarine Warfare Command The Regulatory Flexibility Act of 1980 will provide for 100 feet of standoff (RFA), 5 U.S.C. 601–612, as amended, C. Discussion of Comments, Changes requires federal agencies to consider the and the Final Rule distance. The limits of the new Naval Mine and Anti-Submarine Warfare potential impact of regulations on small The Coast Guard received 0 comments Command security zone are bound by entities during rulemaking. The term on the NPRM for this rule and as such, the following coordinates: ‘‘small entities’’ comprises small no changes have been made to the final businesses, not-for-profit organizations 32°43′40.9″ N, 117°12′54.9″ W rule. ° ′ ″ ° ′ ″ that are independently owned and The Coast Guard at the request of the 32 43 40.6 N, 117 12 52.3 W operated and are not dominant in their 32°43′22.5″ N, 117°12′57.8″ W U.S. Navy is extending the existing ° ′ ″ ° ′ ″ fields, and governmental jurisdictions security zone for the Naval Base Point 32 43 23.4 N, 117 13 01.3 W with populations of less than 50,000. Loma Fuel Pier and establishing a Both security zones safeguard Naval The Coast Guard received 0 comments temporary security zone at the Naval assets, such as vessels and waterfront from the Small Business Administration Mine and Anti-Submarine Warfare facilities from destruction, loss or injury on this rule. The Coast Guard certifies Command to temporarily house the from sabotage, other subversive acts, under 5 U.S.C. 605(b) that this rule will Navy’s marine mammal program during accidents or other causes of a similar not have a significant economic impact the construction phase of the new fuel nature and still allow for safe navigation on a substantial number of small pier. around the security zones. entities. The extended security zone at Naval No persons or vessel may enter or (1) This rule will affect the following Base Point Loma will add an additional remain in the security zones without entities, some of which may be small 500 feet east to provide standoff from permission of the Captain of the Port, entities: the owners or operators of the new replacement fuel pier which the Commander of Naval Base Point vessels intending to transit or anchor in will exist closer to the federal channel Loma, the Commander of the Naval specified portions of San Diego Bay.
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