Rule2021-21891
Special Local Regulation; 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
October 7, 2021
Effective
October 10, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a special local regulation for the San Diego Sharkfest Swim marine event that will be held on the navigable waters of San Diego Bay, San Diego, CA. This action is necessary to provide for the safety of life on these navigable waters of San Diego Bay during a swim event on October 10, 2021. This rule would prohibit spectators from anchoring, blocking, loitering or transiting through the event area unless authorized by the Captain of the Port San Diego or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 192 (Thursday, October 7, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Rules and Regulations]
[Pages 55702-55704]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21891]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0748]
RIN 1625-AA08
Special Local Regulation; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
the San Diego Sharkfest Swim marine event that will be held on the
navigable waters of San Diego Bay, San Diego, CA. This action is
necessary to provide for the safety of life on these navigable waters
of San Diego Bay during a swim event on October 10, 2021. This rule
would prohibit spectators from anchoring, blocking, loitering or
transiting through the event area unless authorized by the Captain of
the Port San Diego or a designated representative.
DATES: This rule is effective from 8:30 a.m. to 10:30 a.m. on October
10, 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-
2021-0748 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 Sector San Diego, CA; telephone (619) 278-7656, email
<a href="/cdn-cgi/l/email-protection#4b0f7a7a062a3922252e0e3d2e253f38180f0b3e38282c65262227"><span class="__cf_email__" data-cfemail="f6b2c7c7bb97849f9893b38093988285a5b2b683859591d89b9f9a">[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 we must establish this special local
regulation by October 10, 2021. The Coast Guard was given short notice
from the event sponsor that the date of the the event would differ from
the existing annual marine event as outlined in 33 CFR 100.1101, Table
1 to Sec. 100.1101, Item 7. As such, it is impracticable to publish an
NPRM because we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule. This
regulation is necessary to ensure the safety of life on the navigable
waters of San Diego Bay during the marine event.
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 public interest because immediate action
is needed to ensure the safety of life on the navigable waters of San
Diego Bay during the marine event on October 10, 2021.
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. 1236). The Captain of the Port Sector San
Diego (COTP) has determined that a large amount of swimmers in San
Diego Bay associated with the San Diego Sharkfest Swim marine event on
October 10, 2021, poses a potential safety concern. This rule is needed
to protect persons, vessels, and the marine environment in the
navigable waters within San Diego Bay while the event is occurring.
IV. Discussion of the Rule
This rule establishes a special local regulation from 8:30 a.m. to
10:30 a.m. on October 10, 2021. This special local regulation will
cover the navigable waters of San Diego Bay encompassed by a line
connecting the following coordinates beginning at 32[deg]42'14'' N,
117[deg]09'55'' W (Point A); thence running southerly to 32[deg]41'49''
N, 117[deg]09'57'' W (Point B); thence running south, along the
shoreline to 32[deg]41'19'' N, 117[deg]09'48'' W (Point C); thence
running north easterly to 32[deg]41'23'' N, 117[deg]09'41'' W (Point
D); thence running northerly to 32[deg]42'00'' N, 117[deg]09'38''
(Point E); thence running northerly, along the shoreline to the
beginning point. The duration of the zone is intended to ensure the
safety of vessels, event participants, and these navigable waters
during the scheduled marine event. No vessel or person would be
permitted to enter the regulated area without obtaining permission from
the COTP or a designated representative. The regulatory text appears at
the end of this document.
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, duration, and time-of-day of the regulated area. The affected
portion of the San Diego Bay will be of very limited duration, during
morning hours when vessel traffic is historically low and is necessary
for safety of life to participants in the event. Moreover, the Coast
Guard would make a post in the Local Notice to Mariners with details on
the regulated area, as well as, issue a
[[Page 55703]]
Safety Marine Information Broadcast over Channel 22A.
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
regulated area that would limit access to certain areas of San Diego
Bay from 8:30 a.m. to 10 a.m. 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.
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, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
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. Add Sec. 100.T11-0748 to read as follows:
Sec. 100.T11-0748 San Diego Sharkfest Swim, San Diego Bay,
California.
(a) Regulated area. The regulations in this section apply to the
following area: all navigable waters of San Diego Bay encompassed by a
line connecting the following points beginning at 32[deg]42'14'' N,
117[deg]09'55'' W (Point A); thence running southerly to 32[deg]41'49''
N, 117[deg]09'57'' W (Point B); thence running south, along the
shoreline to 32[deg]41'19'' N, 117[deg]09'48'' W (Point C); thence
running north easterly to 32[deg]41'23'' N, 117[deg]09'41'' W (Point
D); thence running northerly to 32[deg]42'00'' N, 117[deg]09'38''
(Point E); thence running northerly, along the shoreline to the
beginning point. These coordinates are based on the 1984 World Geodetic
System (WGS 84).
(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 San Diego (COTP) in
the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participants in the race.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port San Diego or their designated
representative.
(2) Vessels requiring entry into this regulated area must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 21A or by telephone at 619-278-7033.
(3) The COTP will provide notice of the regulated area through
advanced
[[Page 55704]]
notice via Local Notice to Mariners and Safety Marine Information
Broadcasts on Channel 22A.
(d) Enforcement period. This section will be enforced from 8:30
a.m. to 10:30 a.m. on October 10, 2021.
Dated: September 29, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-21891 Filed 10-6-21; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 7, 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.