[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29025-29027]
[FR Doc No: 2013-11828]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0274]
RIN 1625-AA00

Sea World San Diego Fireworks 2013 Season; Mission Bay, San
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Mission Bay in support of the Sea World San Diego Fireworks
2013 season. This safety zone is necessary to provide for the safety of
the participants, crew, spectators, participating vessels, and other
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, or his designated
representative.

DATES: This rule is effective from 8:50 p.m. on May 25, 2013, until 10
p.m. on December 31, 2013. This rule will be enforced during the time
periods mentioned in the SUPPLEMENTARY INFORMATION section below.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0274]. 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 Deborah Metzger, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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 publishing an NPRM would be
impracticable. The Coast Guard did not receive necessary information
from the event sponsor in time to publish a notice of proposed
rulemaking. The event is scheduled to take place, and as such,
immediate action is necessary to ensure the safety of vessels,
spectators, participants, and others in the vicinity of the marine
event on the dates and times this rule will be in effect.
    Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. Delaying
the effective date would be contrary to the public interest, since
immediate action is needed to ensure the public's safety.

B. Basis and Purpose

    The legal basis for this temporary rule is the Ports and Waterways
Safety Act which authorizes the Coast Guard to establish safety zones
(33 U.S.C 1221 et seq.).
    Sea World is sponsoring the Sea World Fireworks, which will include
a fireworks presentation from a barge in Mission Bay. This safety zone
is necessary to provide for the safety of the crew, spectators,
participants, and other vessels and users of the waterway.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone that will be
effective from 8:50 p.m. on May 25, 2013, to 10 p.m. on December 31,
2013. This rule will be enforced from 8:50 p.m. to 10 p.m. on the
following evenings: May 25 through May 27, June 1, 2, 8, 9, and 13
through 30, July 1 through 31, August 1 through 18, August 23 through
25, August 31, and September 1 through 2, November 15, and December 31,
2013.
    The safety zone will cover all navigable waters within 600 feet of
the fireworks barge, located in approximate position 32[deg]46'03'' N,
117[deg]13'11'' W. The safety zone is necessary to provide for the
safety of the crew, spectators, participants, and other vessels and
users of the waterway. When this safety zone is being enforced, 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.

D. 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. This determination is
based on the size, location and timing of the safety zone. The safety
zone will be enforced for a relatively short time, 70 minutes, late at
night when vessel traffic is low. It impacts a very small area of
Mission Bay, a circle about 1,200 feet in diameter. Commercial vessels
will not be hindered by the safety zone. Recreational vessels can
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 vessels intending to transit
or anchor in a portion of Mission Bay between 8:50 p.m. on May 25,
2013, and 10 p.m. on December 31, 2013. This rule will be enforced from
8:50 p.m. to 10 p.m. on the following evenings; May 25 through May 27,
June 1, 2, 8, 9, and 13 through 30, July 1 through 31, August 1 through
18, August 23 through 25, August 31, and September 1 through 2,
November 15, and December 31, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zone will only be in effect for one hour and 10 minutes late in
the evening when vessel traffic is low. It impacts a very small area of
Mission Bay, a circle about 1,200 feet in diameter. Vessel traffic can
transit safely around the safety zone.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION 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 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 establishment of a temporary safety
zone. 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.

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

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 Sec.  165.T11-560 to read as follows:

Sec.  165.T11-560  Safety Zone; Sea World San Diego Fireworks 2013
Season, Mission Bay; San Diego, CA.

    (a) Location. The safety zone will include the area within 600 feet
of the fireworks barge in approximate position 32[deg]46'03'' N,
117[deg]13'11'' W.
    (b) Enforcement period. This rule will be enforced from 8:50 p.m.
on May 25, 2013 to 10 p.m. on December 31, 2013. This rule will be
enforced from 8:50 p.m. to 10 p.m. on the following evenings; May 25
through May 27, June 1, 2, 8, 9, and 13 through 30, July 1 through 31,
August 1 through 18, August 23 through 25, August 31, and September 1
through 2, November 15, and December 31, 2013.
    (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,
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) In accordance with 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) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Sector San Diego
Command Center. The Command Center 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 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: April 30, 2013.
S. M. Mahoney,
Captain, United States Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-11828 Filed 5-16-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40063-40064]
[FR Doc No: 2015-16995]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-520-000]

Tennessee Gas Pipeline Company, L.L.C.; Notice of Application

    Take notice that on June 19, 2015, Tennessee Gas Pipeline Company,
L.L.C. (``Tennessee''), filed an application pursuant to section 7(c)
of the Natural Gas Act (NGA) and Part 157 of the Commission's
Regulations, to construct, install, modify, operate, and maintain
certain pipeline and compression facilities located in Pennsylvania.
Tennessee's proposed Triad Expansion Project (Project) is designed to
add an additional 180,000 Dth/d of new West to East transportation
capacity on Tennessee's 300 Line in Susquehanna County, Pennsylvania.
The Project would require the construction of approximately 7 miles of
36-inch-diameter pipeline loop (Line 300-3) immediately west of
Compressor Station 321 as well as various piping modifications to tie
the new Line 300-3 to existing Line 300 and a pig launcher/receiver at
each end of the new loop. The estimated cost of the Triad Expansion
Project is $87,420,002. The filing may be viewed on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application should be directed to
Jacquelyne M. Rocan, Assistant General Counsel, Tennessee Gas Pipeline
Company, L.L.C., 1001 Louisiana Street, Houston, Texas 77002, phone:
(713) 420-4544, facsimile:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>or Shannon M. Miller, Regulatory
Affairs, Tennessee Gas Pipeline Company, L.L.C., 1001 Louisiana Street,
Houston, Texas 77002, phone:<PHONE_NUMBER>, facsimile:<PHONE_NUMBER>,
email<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule will serve to
notify federal and state agencies of the timing for the completion of
all necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 5 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments

considered. The second way to participate is by filing with the
Secretary of the Commission, as soon as possible, an original and two
copies of comments in support of or in opposition to this project. The
Commission will consider these comments in determining the appropriate
action to be taken, but the filing of a comment alone will not serve to
make the filer a party to the proceeding. The Commission's rules
require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a) (1) (iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: July 27, 2015.

    Dated: July 6, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-16995 Filed 7-10-15; 8:45 am]
 BILLING CODE 6717-01-P