Rule2022-00276
Safety Zone; 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
January 10, 2022
Effective
January 10, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for the navigable waters in the vicinity of the Coronado Bridge in San Diego Bay, San Diego, CA, in support of a U.S. Navy exercise. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the exercise. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port San Diego.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 6 (Monday, January 10, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Rules and Regulations]
[Pages 1074-1076]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00276]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0931]
RIN 1625-AA00
Safety Zone; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters in the vicinity of the Coronado Bridge in San
Diego Bay, San Diego, CA, in support of a U.S. Navy exercise. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards associated with the exercise. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port San Diego.
DATES: This rule is effective from 5 p.m. on January 10, 2022 through 3
p.m. on January 11, 2022.
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-
2021-0931 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#3b765a4952555e7e4d5e554f48687f7b4e48585c15565257"><span class="__cf_email__" data-cfemail="e5a884978c8b80a093808b9196b6a1a590968682cb888c89">[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 safety zone by
January 10, 2022. This urgent safety zone is required to protect the
maritime public and the surrounding waterways from hazards associated
with a U.S. Navy exercise. The Coast Guard lacks sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for
[[Page 1075]]
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
exercise scheduled to begin on January 10, 2022.
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 San Diego
(COTP) has determined that the potential hazards associated with the
U.S. Navy exercise scheduled to begin on January 10, 2022 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 exercise.
IV. Discussion of the Rule
This rule establishes a safety zone from 5 p.m. on January 10, 2022
through 3 p.m. on January 11, 2022. The safety zone will cover all
navigable waters of San Diego Bay within a 200-foot radius centered at
position: 32[deg]41'12.2'' N 117[deg]09'40.4'' W. The purpose of the
safety zone is to protect persons, vessels, and the marine environment
in the navigable waters of San Diego Bay during the exercise. No vessel
or person will be permitted to enter the security zone without
obtaining permission from the COTP 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 safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the San Diego Bay. The Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule will 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 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
security 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
safety zone lasting 22 hours that will prohibit entry within a 200-foot
radius of a designated coordinate in the vicinity of the Coronado
Bridge in San Diego Bay. It is categorically excluded from further
review under paragraph L60(a) 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
[[Page 1076]]
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 165
Harbors, 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 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T11-088 to read as follows:
Sec. 165.T11-088 Safety Zone; San Diego Bay; San Diego, CA.
(a) Location. The following area is a safety zone: All navigable
waters of San Diego Bay, from surface to bottom, within a 200-foot
radius centered at position: 32[deg]41'12.2'' N, 117[deg]09'40.4'' W
(WGS 84).
(b) Definitions. The term ``designated representative'' means a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, and other officer operating a Coast Guard vessel, or a
Federal, State, or local officer designated by or assisting the Captain
of the Port San Diego in the enforcement of the regulated area.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement period. This section will be enforced from 5 p.m.
on January 10, 2022 through 3 p.m. on January 11, 2022.
Dated: January 5, 2022.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2022-00276 Filed 1-7-22; 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 January 10, 2022.
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.