Proposed Rule2022-18907
Special Local Regulation; San Diego Fleet Week Veterans Day Boat Parade; San Diego Bay, San Diego, CA
Primary source
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Published
September 1, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend its special local regulations for recurring marine parades, regattas, and other events in Southern California Annual Marine Events for the San Diego Captain of the Port Zone. This proposed rule would add one new recurring special local regulation for the San Diego Fleet Week Veterans Day Boat Parade. This action is necessary to provide for the safety of life on the navigable waters during the annual event. This proposed rulemaking would restrict vessel traffic in the designated areas during the event unless authorized by the Captain of the Port San Diego or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 169 (Thursday, September 1, 2022)</title>
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[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Proposed Rules]
[Pages 53700-53702]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18907]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0698]
RIN 1625-AA08
Special Local Regulation; San Diego Fleet Week Veterans Day Boat
Parade; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend its special local
regulations for recurring marine parades, regattas, and other events in
Southern California Annual Marine Events for the San Diego Captain of
the Port Zone. This proposed rule would add one new recurring special
local regulation for the San Diego Fleet Week Veterans Day Boat Parade.
This action is necessary to provide for the safety of life on the
navigable waters during the annual event. This proposed rulemaking
would restrict vessel traffic in the designated areas during the event
unless authorized by the Captain of the Port San Diego or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 3, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0698 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Junior Grade Shera Kim,
Waterways Management, U.S. Coast Guard; telephone 619-278-7656, email
<a href="/cdn-cgi/l/email-protection#276a46554e494262514249535474636752544440094a4e4b"><span class="__cf_email__" data-cfemail="a7eac6d5cec9c2e2d1c2c9d3d4f4e3e7d2d4c4c089cacecb">[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, Purpose, and Legal Basis
The Coast Guard is proposing to amend 33 CFR 100.1101 by adding a
new reoccurring marine event to Table 1 of Section Sec. 100.1101 for a
boat parade in San Diego Bay, CA.
The San Diego Fleet Week Foundation notified the Coast Guard that
it will be hosting the San Diego Fleet Week Veterans Day Boat Parade
annually on a single day during the month of November. The regulated
area would cover all navigable waters of San Diego Bay, beginning at
Shelter Island, proceeding northeast to Harbor Island, proceeding
southeast along the shoreline to Tenth Avenue Marine Terminal, crossing
the Federal navigable channel prior to the Coronado Bridge, then
northwest along the shoreline of Coronado Island to the Coronado Ferry
Landing.
The proposed annually reoccurring special local regulation is
necessary to provide for the safety of life on navigable waters during
the event. Based on the nature of this marine event, the large number
of participants, and event location, the COTP has determined that the
event listed in this proposed rule could pose a risk to participants or
waterways users if the normal vessel traffic were to interfere with the
event. Possible hazards include risks of injury or death from near or
actual contact among participants and mariners traversing through the
regulated area. In order to protect the safety of all waterway users,
including event participants and spectators, this proposed rule would
establish a special local regulation for the time and location of the
marine event. Vessels would not be permitted to enter the regulated
areas unless authorized by the COTP or a designated representative. The
Coast Guard is proposing this rulemaking under authority in 46 U.S.C.
70041.
III. Discussion of Proposed Rule
The Coast Guard proposes to add one new recurring special local
regulation in Table 1 to Sec. 100.1101 for the San Diego Fleet Week
Veterans Day Boat Parade. The event and special local regulation would
occur on one day in November. The duration of the regulated area is
intended to ensure the safety of the public during the parade. Non-
participant vessels are not permitted to enter, transit through, anchor
in, or remain within the regulated area without obtaining permission
from the Captain of the Port San Diego or a designated representative.
Annually before the event, the Coast Guard would
[[Page 53701]]
publish a notice of enforcement in the Federal Register identifying the
exact date and times the special local regulation would be enforced.
The Coast Guard will also provide notice of the regulated area by
Broadcast Notice to Mariners and on-scene designated representatives.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the special local regulation. Vessel traffic
would be able to safely transit around this special local regulation,
which would impact a small-designated area of the San Diego Bay.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the areas, and the rulemaking would
allow vessels to seek permission to enter the areas.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 rulemaking 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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email 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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a
regulated area that would prohibit persons and vessels from transiting
the regulated area during the parade. Normally such actions are
categorically excluded from further review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
[[Page 53702]]
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0698 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Security measures, Reporting and
recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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. In Sec. 100.1101, amend Table 1 to Sec. 100.1101 by adding an
entry for ``17. San Diego Fleet Week Veterans Day Boat Parade'' to read
as follows:
Sec. 100.1101 Southern California Annual Marine Events for the San
Diego Captain of the Port Zone.
Table 1 to Sec. 100.1101
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17. San Diego Fleet Week Veterans Day Boat Parade
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Sponsor........................... San Diego Fleet Week Foundation.
Event Description................. SS Boat parade.
Date.............................. One weekend in November.
Location.......................... San Diego Bay, CA.
Regulated Area.................... All waters of San Diego Bay, from
surface to bottom, beginning at
Shelter Island, proceeding
northeast to Harbor Island,
proceeding southeast along the
shoreline to Tenth Avenue Marine
Terminal, crossing the Federal
navigable channel prior to the
Coronado Bridge, then northwest
along the shoreline of Coronado
Island to the Coronado Ferry
Landing.
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Dated: August 25, 2022.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2022-18907 Filed 8-31-22; 8:45 am]
BILLING CODE 9110-04-P
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