Rule2022-24664
Safety Zone; Mission Bay Closure, San Diego, CA
Primary source
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Published
November 14, 2022
Effective
November 15, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of Mission Bay near San Diego, California. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the California Department of Fish and Wildlife (CDFW) Oil Spill Prevention and Response (OSPR) Sensitive Site Strategy Evaluation Program (SSSEP) boom deployment exercise. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector San Diego.
Full Text
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<title>Federal Register, Volume 87 Issue 218 (Monday, November 14, 2022)</title>
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[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Rules and Regulations]
[Pages 68053-68054]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24664]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0731]
RIN 1625-AA00
Safety Zone; Mission Bay Closure, 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
certain waters of Mission Bay near San Diego, California. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the California Department
of Fish and Wildlife (CDFW) Oil Spill Prevention and Response (OSPR)
Sensitive Site Strategy Evaluation Program (SSSEP) boom deployment
exercise. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector San
Diego.
DATES: This rule is effective from 9 a.m. to noon on November 15, 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-
2022-0731 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email LTJG Shera Kim, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656,
email <a href="/cdn-cgi/l/email-protection#c588a4b7acaba080b3a0abb1b6968185b0b6a6a2eba8aca9"><span class="__cf_email__" data-cfemail="3a775b4853545f7f4c5f544e49697e7a4f49595d14575356">[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
On November 15, 2022, the Coast guard will be working in
conjunction with the California Department of Fish and Wildlife and
local Oil Spill Response Organization ito conduct boom deployment
exercises from 9 a.m. to noon. Contractors will bring up to 12000-feet
of floating oil boom aboard a workboat and deploy Area Contingency Plan
(ACP)-6 Geographic Response Strategies (GRS). The Captain of the Port
Sector San Diego (COTP) has determined that potential hazards
associated with the boom deployment exercise would be a safety concern
for anyone within a 100-yard radius of the boom. The COTP is
establishing a safety zone from 9 a.m. to noon on November 15, 2022.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 100-yard radius of the boom before,
during, and after the scheduled event. The Coast Guard has rulemaking
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Coast
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety
Zone; Mission Bay Closure, San Diego, CA'' at 87 FR 55974 (September
13, 2022). There we stated why we issued the NPRM, and invited comments
on our proposed regulatory action related to this safety zone. During
the comment period that ended October 13, 2022, we received zero
comments.
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 respond to the potential safety hazards associated with
the pipeline repair operations for the damaged pipeline.
III. Discussion of Rule
The COTP is establishing a safety zone from 9 a.m. until noon on
November 15, 2022. The safety zone covers all navigable waters within
100 yards of a boom in Mission Bay located across the entrance channel
from the shoreline north of Mariners Cove inlet to a point south of
Mission Bay Drive bridge on the Quivira Basin shoreline. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 9 a.m. until
noon boom deployment exercise. No vessel or person would be permitted
to enter the safety zone without obtaining permission from the COTP or
a designated representative. A designated representative means a a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel designated by or assisting the Captain of the Port Sector
San Diego (COTP) in the enforcement of the safety zone.
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.
The COTP or a designated representative will inform the public
through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety Information Bulletins (MSIBs) as
appropriate of the enforcement times and dates for the safety zone.
IV. 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, the rule
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on safety zone being
of a limited three hour duration, limited to a relatively small
geographic area, and the presence of safety hazards in the area
encompassing the Mission Bay Entrance.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,
[[Page 68054]]
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.
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. This rule will not result in such
an expenditure.
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 made a 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
rule involves a safety zone lasting 3 hours that prohibits entry within
100 yards of the boom. Normally, such actions are categorically
excluded from further review under paragraph L60 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 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.T11-0114 to read as follows:
Sec. 165.T11-0114 Safety Zone; Mission Bay, San Diego, CA.
(a) Location. The following area is a safety zone: Mission Bay
located across the entrance channel from the shoreline north of
Mariners Cove inlet to a point south of Mission Bay Drive bridge on the
Quivira Basin shoreline.
(b) Definitions. As used in this section, designated representative
means a Coast Guard coxswain, petty officer, or other officer operating
a Coast Guard vessel designated by or assisting the Captain of the Port
Sector San Diego (COTP) in the enforcement of the safety zone.
(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 9 a.m.
until noon on November 15, 2022.
(e) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate of the enforcement times and dates for
the safety zone.
Dated: November 4, 2022.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2022-24664 Filed 11-10-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 14, 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.