Rule2021-24514
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
November 9, 2021
Effective
November 11, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation (SLR) for the San Diego Fleet Week Veterans Day Boat Parade marine event that will be held on the waters of San Diego Bay, California. This action is necessary to provide for the safety of the participants, crew, spectators, sponsor vessels, and general users of the waterway during the event on November 11, 2021. This SLR temporarily encompasses all navigable waters, from surface to bottom, on a pre-determined course in the northern portion of the San Diego Main Ship Channel from Shelter Island Basin, past the Embarcadero, crossing the Federal navigable channel and ending off of Coronado Island.
Full Text
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<title>Federal Register, Volume 86 Issue 214 (Tuesday, November 9, 2021)</title>
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[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Rules and Regulations]
[Pages 62093-62094]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24514]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0768]
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) for the San Diego Fleet Week Veterans Day Boat Parade
marine event that will be held on the waters of San Diego Bay,
California. This action is necessary to provide for the safety of the
participants, crew, spectators, sponsor vessels, and general users of
the waterway during the event on November 11, 2021. This SLR
temporarily encompasses all navigable waters, from surface to bottom,
on a pre-determined course in the northern portion of the San Diego
Main Ship Channel from Shelter Island Basin, past the Embarcadero,
crossing the Federal navigable channel and ending off of Coronado
Island.
DATES: This rule is effective from 11:30 a.m. to 2:30 p.m. on November
11, 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-
2021-0768 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#430e22312a2d260635262d3730100703363020246d2e2a2f"><span class="__cf_email__" data-cfemail="f2bf93809b9c97b784979c8681a1b6b287819195dc9f9b9e">[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 the Coast Guard was given short
notice from the event sponsor regarding the event, and must establish
this special local regulation by November 11, 2021. The event is
expected to draw a high concentration of vessels to the San Diego Bay
area along the proposed parade route. Traditionally, the San Diego Bay
area serves as a major thoroughfare for commercial traffic, naval
operations, ferry routes, and a number of other recreational uses. The
Coast Guard is establishing this SLR to minimize impacts on this
congested waterway. This regulation is necessary to ensure the safety
of individuals, property, and the marine environment on the navigable
waters of San Diego Bay during this 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 November 11, 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 (COTP)
Sector San Diego has determined that potential hazards associated with
the parade will be a safety concern for anyone within the vicinity of
the parade route. This rule is needed to protect personnel, vessels,
spectators, and the marine environment in the navigable waters of the
San Diego Bay in the vicinity of the marine event during the
enforcement period of this rule.
IV. Discussion of the Rule
This rule establishes an SLR from 11:30 a.m. until 2:30 p.m. on
November 11, 2021. The SLR will cover all navigable waters on a pre-
determined course in the northern portion of the San Diego Main Ship
Channel from Shelter Island Basin, past the Embarcadero, crossing the
Federal navigable channel and ending off of Coronado Island. The
duration of the SLR is intended to protect personnel, vessels,
spectators, and the marine environment in these navigable waters
before, during, and after the event is scheduled to occur. During the
enforcement period, persons and vessels are prohibited from anchoring,
blocking, loitering, or impeding within this regulated area unless
authorized by the Captain of the Port, or his 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, duration, and time-of-day of the SLR. This action will affect
only the northern portion of the San Diego Main Ship Channel for three
hours. Vessels will still be able to transit the area outside of the
regulated area and request permission to enter, as needed. The Coast
Guard will publish a Local Notice to Mariners and will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 that details
the vessel restrictions of 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 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
SLR may be small entities, for the reasons stated
[[Page 62094]]
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 SLR
lasting less than four hours that will monitor entry to the SLR area
for the duration of the enforcement period to cover before, during and
after the parade has concluded. 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.T11-0768 to read as follows:
Sec. 100.T11-0768 San Diego Fleet Week Veterans Day Boat Parade, San
Diego Bay, California.
(a) Regulated area. The regulations in this section apply to the
following area:
(1) Parade area: All navigable waters, from surface to bottom, on a
pre-determined course in the northern portion of the San Diego Main
Ship Channel from Shelter Island Basin, past the Embarcadero, crossing
the Federal navigable channel and ending off of Coronado Island.
(2) [Reserved]
(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 regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participants in the 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 Sector San Diego or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling the Sector San Diego Joint Harbor Operations
Center (JHOC) at 619-278-7033. Those in the regulated area, including
participants, must comply with all lawful orders or directions given to
them by the COTP or the designated representative.
(3) The COTP will provide notice of the regulated areas through
advanced notice via Broadcast Notice to Mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 11:30
a.m. through 2:30 p.m. on Thursday, November 11, 2021.
Dated: November 4, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-24514 Filed 11-8-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 9, 2021.
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