Rule2021-23616
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 29, 2021
Effective
November 1, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation (SLR) in the navigable waters of San Diego Bay, California during the Baja Ha-Ha XXVII Pre-Rally Parade marine event. This regulation is necessary to provide for the safety of the participants, crew, spectators, sponsor vessels of the parade, and general users of the waterway during the event, which will be held on November 1, 2021. This special local regulation will temporarily prohibit persons and vessels from entering into, transiting through, anchoring, blocking, or loitering within the event area 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 207 (Friday, October 29, 2021)</title>
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[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59855-59857]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23616]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0804]
RIN 1625-AA08
Special Local Regulation; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) in the navigable waters of San Diego Bay, California
during the Baja Ha-Ha XXVII Pre-Rally Parade marine event. This
regulation is necessary to provide for the safety of the participants,
crew, spectators, sponsor vessels of the parade, and general users of
the waterway during the event, which will be held on November 1, 2021.
This special local regulation will temporarily prohibit persons and
vessels from entering into, transiting through, anchoring, blocking, or
loitering within 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 11:30 a.m. on November
1, 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-
2021-0804 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#195d282854786b70777c5c6f7c776d6a4a5d596c6a7a7e37747075"><span class="__cf_email__" data-cfemail="286c191965495a41464d6d5e4d465c5b7b6c685d5b4b4f06454144">[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 November 1, 2021. The event sponsor did not notify the
Coast Guard of the official date of the event until September 12, 2021.
Therefore, 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 action is needed
to ensure the safety of life on the navigable waters of San Diego Bay
during the marine event on November 1, 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 the large number of vessels associated
with the Baja Ha-Ha XXVII Pre-Rally Parade marine event on November 1,
2021, poses a potential safety concern in the regulated area. This rule
is needed to protect persons, vessels, and the marine environment in
the navigable waters of San Diego Bay during the marine event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 8:30 a.m. to
11:30 a.m. on November 1, 2021. This special local regulation will
cover all navigable waters, from surface to bottom, on a pre-determined
course within San Diego Bay, California, beginning at the starting
point of the event in South San Diego Bay, proceeding northwest to
Harbor Island, then southwest to Shelter Island, and finishing at the
starting point of the rally outside of the San Diego Bay channel
entrance. The duration of the temporary special local regulation is
intended to ensure the safety of vessels, personnel, and the marine
environment in these navigable waters during the scheduled marine
event. No vessel or person will be permitted to enter the regulated
area without obtaining permission from the COTP or a designated
representative. The regulatory text provides information on how to
contact the COTP or a designated representative for permission to
transit the area. When in the regulated area, persons must comply with
all lawful orders or directions given to them by the COTP or designated
representative. Additionally, the COTP will provide notice of the
regulated area through advanced notice via broadcast notice to mariners
or by on-scene designated representatives.
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 navigable waterway in 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 of participants in
the marine event. Moreover, the Coast Guard will issue a Local Notice
to Mariners and a Safety Marine Information Broadcast over Channel 22A
about the regulated area.
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
[[Page 59856]]
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
regulated area 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
temporary special local regulation that will limit access to certain
areas within San Diego Bay, from 8:30 a.m. until 11:30 a.m. on November
1, 2021. 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.T11-081 to read as follows:
Sec. 100.T11-081 Baja Ha-Ha XXVII Pre-Rally Parade, San Diego,
California.
(a) Regulated area. The regulations in this section apply to the
following area: all navigable waters, from surface to bottom, on a pre-
determined course within San Diego Bay, California, beginning at the
starting point of the event in South San Diego Bay, proceeding
northwest to Harbor Island, then southwest to Shelter Island, and
finishing at the starting point of the rally outside of the San Diego
Bay channel entrance.
(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 boat parade.
(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) To seek permission to enter, contact the the COTP or a
designated representative. They may be contacted on VHF-FM Channel 21A
or by telephone at 619-278-7033. Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
or designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners or by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 8:30
a.m. until 11:30 a.m., on November 1, 2021.
[[Page 59857]]
Dated: October 25, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-23616 Filed 10-28-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 29, 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.