Rule2021-13136
Safety Zone; Northeast Shelter Island Closure, San Diego, CA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 22, 2021
Effective
June 22, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone covering the channel closure for the Northeast Shelter Island Channel Entrance. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the California Department of Fish and Wildlife (CDFW) Oil Spill Prevention and Response (OSPR) Sensitive Site Strategy Evaluation Program (SSSEP) boom deployment exercise. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector San Diego.
Full Text
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<title>Federal Register, Volume 86 Issue 117 (Tuesday, June 22, 2021)</title>
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[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Rules and Regulations]
[Pages 32635-32637]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13136]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0435]
RIN 1625-AA00
Safety Zone; Northeast Shelter Island Closure, 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
covering the channel closure for the Northeast Shelter Island Channel
Entrance. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by the California
Department of Fish and Wildlife (CDFW) Oil Spill Prevention and
Response (OSPR) Sensitive Site Strategy Evaluation Program (SSSEP) boom
deployment exercise. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector San Diego.
DATES: This rule is effective from 8:30 a.m. until 10:30 a.m. on June
22, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0435 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associate with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR John Santorum, Waterways Management, U.S. Coast
Guard Sector San Diego, Coast Guard; telephone 619-278-7656, email
<a href="/cdn-cgi/l/email-protection#652804170c0b002013000b1116362125101606024b080c09"><span class="__cf_email__" data-cfemail="97daf6e5fef9f2d2e1f2f9e3e4c4d3d7e2e4f4f0b9fafefb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 NPRM would be impracticable. The
Coast Guard did not receive the details of the Sensitive Site Strategy
Evaluation Program boom deployment excersise with enough time to
solicit and repond to public comments on an NPRM. As such, the channel
closure on June 22, 2021 would occur before an NPRM and final rule
could be issued.
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. Delaying the effective date of
this rule would be contrary to the public interest, because action is
necessary to protect personnel, vessels, and the marine environment
from the dangers associated with the CDFW OSPR SSSEP boom deployment
exercise on June 22, 2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector San
Diego (COTP) has determined that potential hazards associated with the
CDFW OSPR SSSEP boom deployment exercise will be a safety concern to
anyone
[[Page 32636]]
seeking access to the Northeast Shelter Island Channel Entrance. This
temporary safety zone is therefore needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the exercise is ongoing.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:30 a.m. until 10:30 a.m.
on June 22, 2021. The safety zone will cover the Northeast Shelter
Island Channel Entrance and all navigable waters of San Diego Bay
encompassed by a three hundred yard circle centered on the coordinate
32[deg]43'13.7''N, longitude 117[deg]13'7.8''W. No vessel may enter,
transit through, anchor in, or remain in the zone during its
enforcement unless permission is obtained from the COTP or a designated
representative. The duration of the zone is intended to ensure the
safety of, and reduce the risk to, the persons and vessels that operate
on and in the vicinity of the Northeast Shelter Island Channel Entrance
in the Sector San Diego's Area of Responsibility. This TFR will close
the Northeast Shelter Island Channel Entrance.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on safety zone being
of a limited duration, limited to a relatively small geographic area,
and the presence of safety hazards in the area encompassing the
Northeast Shelter Island Channel Entrance.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(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 a
safety zone lasting only 2 hours that will prohibit entry through the
Northeast Shelter Island Channel entrance. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 32637]]
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T11-057 to read as follows:
Sec. 165.T11-057 Safety Zone; Southwest Shelter Island Channel
Entrance Closure, San Diego, CA.
(a) Location. The following area is a safety zone: The Northeast
Shelter Island Channel Entrance and all navigable waters of San Diego
Bay encompassed by by a three hundred yard circle centered on the
coordinate 32[deg]43'13.7'' N, longitude 117[deg]13'7.8'' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector San Diego (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement period. This section will be enforced from 8:30
a.m. until 10:30 a.m. on June 22, 2021.
Dated: June 16, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2021-13136 Filed 6-21-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 22, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.