Rule2022-14143
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
July 1, 2022
Effective
July 7, 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 Naval Base Coronado in San Diego Bay, San Diego, CA, in support of a U.S. Navy construction project. The safety zone is needed to protect non-involved personnel from potential hazards associated with the project. Entry of swimmers or divers into this zone will be prohibited unless specifically authorized by the Captain of the Port San Diego.
Full Text
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<title>Federal Register, Volume 87 Issue 126 (Friday, July 1, 2022)</title>
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[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Rules and Regulations]
[Pages 39343-39345]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14143]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0504]
RIN 1625-AA00
Safety Zone; 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 safety zone for
the navigable waters in the vicinity of Naval Base Coronado in San
Diego Bay, San Diego, CA, in support of a U.S. Navy construction
project. The safety zone is needed to protect non-involved personnel
from potential hazards associated with the project. Entry of swimmers
or divers into this zone will be prohibited unless specifically
authorized by the Captain of the Port San Diego.
DATES: This rule is effective from 7:30 a.m. on June 30 until 3:30 p.m.
on July 7, 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-
2022-0504 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
[[Page 39344]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Commander Ronald Caputo, Chief, Prevention Department,
U.S. Coast Guard Sector San Diego, CA; telephone 619-278-7656, email
<a href="/cdn-cgi/l/email-protection#fbb69a8992959ebe8d9e958f88a8bfbb8e88989cd5969297"><span class="__cf_email__" data-cfemail="d499b5a6bdbab191a2b1baa0a7879094a1a7b7b3fab9bdb8">[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
June 30, 2022. This urgent safety zone is required to protect the
maritime public and the surrounding waterways from hazards associated
with a U.S. Navy construction project. 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 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 construction activities scheduled to begin on June 30, 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 construction activities scheduled to begin on June 30, 2022
poses a potential safety concern in the regulated area. This rule is
needed to protect non-involved personnel in the navigable waters of San
Diego Bay during the exercise.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 a.m. through 3:30
p.m. daily on June 30, July 1, 5, 6, and 7, 2022. The safety zone will
cover all navigable waters of San Diego Bay within a 1,900-foot radius
centered at Pier 14 at the Naval Amphibious Base on Naval Base
Coronado. The purpose of the safety zone is to protect non-involved
personnel in the navigable waters of San Diego Bay during the
construction project. No swimming or diving will be permitted within
the safety 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, and will only
prohibit swimming and diving within the safety zone. Vessel traffic
will be able to transit through this safety zone, which will impact a
small designated area of the San Diego Bay. The Coast Guard will issue
a Local Notice to Mariners and Broadcast Notice to Mariners via VHF-FM
marine channel 16 about 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 swimmers or divers 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 swimmer or
diver.
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
[[Page 39345]]
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 that will prohibit entry within a 1,900-foot radius of a
designated coordinate in the vicinity of Naval Base Coronado 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 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T11-101 to read as follows:
Sec. 165.T11-101 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 1,900-foot
radius around Pier 14, Naval Amphibious Base, centered at position:
32[deg]40'44.6'' N 117[deg]09'36.2'' W.
(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 safety
zone.
(c) Regulations. (1) Swimming or diving is prohibited in the safety
zone described in paragraph (a) of this section during the enforcement
periods 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 periods. This section will be enforced from 7:30
a.m. through 3:30 p.m. daily on June 30, July 1, 5, 6, and 7, 2022.
Dated: June 21, 2022.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2022-14143 Filed 6-29-22; 11:15 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 1, 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.