Rule2021-18955
Special Local Regulation; Swim for Special Operations Forces; San Diego Bay, 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
September 2, 2021
Effective
September 2, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending its special local regulations for recurring marine parades, regattas, and other events in Southern California Annual Marine Events for the San Diego Captain of the Port Zone. This final rule will add one new recurring special local regulation. This action is necessary to provide for the safety of life on the navigable waters during the event. This final rule will restrict vessel traffic in the designated areas during the events unless authorized by the Captain of the Port San Diego or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49234-49236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18955]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0426]
RIN 1625-AA00
Special Local Regulation; Swim for Special Operations Forces; San
Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending its special local regulations for
recurring marine parades, regattas, and other events in Southern
California Annual Marine Events for the San Diego Captain of the Port
Zone. This final rule will add one new recurring special local
regulation. This action is necessary to provide for the safety of life
on the navigable waters during the event. This final rule will restrict
vessel traffic in the designated areas during the events unless
authorized by the Captain of the Port San Diego or a designated
representative.
DATES: This rule is effective September 2, 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-
2021-0426 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander John Santorum, Waterways Management,
U.S. Coast Guard; telephone 619-278-7656, email
<a href="/cdn-cgi/l/email-protection#f9b4988b90979cbc8f9c978d8aaabdb98c8a9a9ed7949095"><span class="__cf_email__" data-cfemail="4c012d3e252229093a2922383f1f080c393f2f2b62212520">[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
On April 8, 2021, The Honor Foundation notified the Coast Guard
that it will be hosting the Honor Foundation Swim for Special
Operations Forces annually on a Saturday during the month of September.
The regulated area would cover all navigable waters of the San Diego
Bay, beginning at Glorietta Bay, continuing to Tidelands Park before
proceeding north along the Coronado shoreline, crossing the federal
navigable channel at Bayview Park, and finishing at the USS MIDWAY
Museum.
In response, on July 2, 2021 the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Special Local Regulations; Swim for
Special Operations Forces; San Diego Bay, San Diego, CA (86 FR 35240).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this annual marine event. During
the comment period that ended August 2, 2021 we received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1231). The Captain of the Port San Diego
(COTP) has determined that potential hazards associated with the Honor
Foundation Swim for Special Operations Forces annually on a Saturday
during the month of September will present a safety of life concern on
navigatable waters. The purpose of this rule is to ensure safety of
life on the navigable waters in the safety zone before, during, and
after the scheduled event. For the reasons stated above, we are issuing
this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that
good cause exists for making it 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 enforcement
of this safety zone is necessary to protect swimmers and vessels from
the dangers associated with the swim race events planned for a Saturday
in September 2021.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on the NPRM published July
2, 2021. The commentor proposed a method for intercepting and
impounding vessels entering the safety zone. The Coast Guard was not
proposing to spcecify how on scene representatives must handle
situations where vessels enter the safety zone in this rulemaking. The
purpose of this rulemaking is to establish the reoccurring annual
safety zone and its location. The Coast Guard has existing regulations
and policies that cover enforcement and this rulemaking does not intend
to deviate from those practices. Accordingly, no changes to the
regulatory text were made in response to this comment.
[[Page 49235]]
There is one nonsubstantive change in the regulatory text from the
proposed rule to remove a typographical error, ``SS'', in the event
type.
This rule establishes a safety zone annually on a Saturday in
September. The safety zone will cover all waters of San Diego Bay, from
surface to bottom, beginning at Glorietta Bay, continuing to Tidelands
Park, proceeding north along the Coronado shoreline, crossing the
federal navigable channel at Bayview Park, and finishing at the USS
MIDWAY Museum. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
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 the size,
location, and duration of the special local regulation. Vessel traffic
would be able to safely transit around this special local regulation,
which would impact a small-designated area of the San Diego Bay.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the areas, and the rule would allow
vessels to seek permission to enter the areas.
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 received no comments from the Small Business
Administration on this rulemaking. 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
regulated area that would prohibit persons and vessels from transiting
the regulated area during the swim event. It is categorically excluded
from further review under paragraph L61 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
[[Page 49236]]
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.1101, amend table 1 to Sec. 100.1101, by adding an
entry for ``16. Swim for Special Operations Forces; San Diego Bay, San
Diego, CA'' to read as follows:
Sec. 100.1101 Southern California Annual Marine Events for the San
Diego Captain of the Port Zone.
Table 1 to Sec. 100.1101
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16. Swim for Special Operations Forces; San Diego Bay, San Diego, CA
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Sponsor........................... The Honor Foundation.
Event Description................. Swim race.
Date.............................. Saturday in September.
Location.......................... San Diego Bay, CA.
Regulated Area.................... All waters of San Diego Bay, from
surface to bottom, beginning at
Glorietta Bay, continuing to
Tidelands Park, proceeding north
along the Coronado shoreline,
crossing the federal navigable
channel at Bayview Park, and
finishing at the USS MIDWAY Museum.
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* * * * *
Dated: August 27, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-18955 Filed 9-1-21; 8:45 am]
BILLING CODE 9110-04-P
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