Rule2021-23026
Special Local Regulation; Sacramento Ironman Triathlon; American River and Sacramento River, Sacramento, 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 22, 2021
Effective
October 24, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation for navigable waters on the Sacramento River. The special local regulation is needed to protect personnel, vessels, and the marine environment from potential hazards created by the Sacramento Ironman Triathlon marine event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector San Francisco.
Full Text
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<title>Federal Register, Volume 86 Issue 202 (Friday, October 22, 2021)</title>
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[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Rules and Regulations]
[Pages 58573-58575]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23026]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2021-0697]
RIN 1625-AA08
Special Local Regulation; Sacramento Ironman Triathlon; American
River and Sacramento River, Sacramento, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for navigable waters on the Sacramento River. The special
local regulation is needed to protect personnel, vessels, and the
marine environment from potential hazards created by the Sacramento
Ironman Triathlon marine event. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Sector San Francisco.
DATES: This rule is effective on October 24, 2021 from 6 a.m. to 10
a.m.
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-
2021-0697 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Anthony I. Solares, U.S. Coast Guard District
11, Sector San Francisco, at 415-399-3585, <a href="/cdn-cgi/l/email-protection#451603122431203732243c3605303626226b282c29"><span class="__cf_email__" data-cfemail="a0f3e6f7c1d4c5d2d7c1d9d3e0d5d3c3c78ecdc9cc">[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
COTP Captain of the Port
PATCOM Patrol Commander
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard is issuing this temporary rule without prior notice
and
[[Page 58574]]
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 it is impracticable. We must
establish this regulation by October 24, 2021 and lack sufficient time
to provide a reasonable comment period and then consider those comments
before issuing this rule.
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 the participants and vessels during
the Sacramento Ironman Triathlon on October 24, 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
Francisco (COTP) has determined that potential hazards associated with
Sacramento Ironman Triathlon on October 24, 2021, will be a safety
concern from Township 9 Park to the Sacramento River at Tower Bridge
for four hours. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the special local
regulation while the event is taking place.
IV. Discussion of the Rule
This rule establishes a special local regulation starting in the
American River from Township 9 Park to the Sacramento River at Tower
Bridge. The safety zone will be in effect on October 24, 2021 from 6
a.m. to 10 a.m. The duration of the zone is intended to protect
participants, and the marine environment in these navigable waters
while the Sacramento Ironman Triathlon is taking place. No vessel or
person will be permitted to enter the regulated area 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and the time-of-day of the special local
regulation. This special local regulation would impact a small
designated area of the American River and Sacramento River for a short
duration and vessel traffic will be able to transit after the time of
the event. Moreover, the Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and the rule
would allow vessels to seek permission to enter the zone.
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 00 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.
When the special local regulation is in effect, vessel traffic can
pass safely around the regulated area. The maritime public will be
advised in advance of this special local regulation via Broadcast
Notice to Mariners.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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
section. 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 will 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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,
[[Page 58575]]
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
special local regulation lasting only 4 hours that will prohibit entry
within a 2 mile segment of the American River and Sacramento River. 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 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.
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:
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.T1199-0697 to read as follows:
Sec. 100.T1199-0697 Special Local Regulation; Sacramento Ironman
Triathlon; American River and Sacramento River, Sacramento, CA
(a) Regulated area. The regulations in this section apply to the
following area: All waters of the American River and Sacramento River
from Township 9 Park to Tower Bridge.
(b) 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 Sector San Francisco or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 69 or phone at 1-415-399-3547. Those in
the regulated area must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners.
(c) Enforcement period. This section will be enforced on October
24, 2021, from 6 a.m. to 10 a.m.
Dated: October 15, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-23026 Filed 10-21-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 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.