Rule2023-03377
Special Local Regulation; San Diego Fleet Week Veterans Day Boat Parade; 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
February 17, 2023
Effective
March 20, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending 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 final rule will 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, and will restrict vessel traffic in the designated areas during the event unless authorized by the Captain of the Port Sector San Diego or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 33 (Friday, February 17, 2023)</title>
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[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Rules and Regulations]
[Pages 10238-10240]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03377]
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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, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending 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 final rule will 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, and will restrict vessel traffic in the
designated areas during the event unless authorized by the Captain of
the Port Sector San Diego or a designated representative.
DATES: This rule is effective March 20, 2023.
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-
2022-0698 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 about this
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#1b567a6972757e5e6d7e756f68485f5b6e68787c35767277"><span class="__cf_email__" data-cfemail="99d4f8ebf0f7fcdceffcf7edeacaddd9eceafafeb7f4f0f5">[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
On August 11, 2022, 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.
In response, on August 31, 2022, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Special Local Regulation; San
Diego Fleet Week Veterans Day Boat Parade; San Diego Bay, San Diego,
CA'' (87 FR 53700). There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to this annual
marine event. During the comment period that ended October 3, 2022, we
received zero comments.
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 special local
regulation 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.
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. 1231). The Captain of the Port Sector San
Diego (COTP) has determined that potential hazards associated with the
San Diego Fleet Week Veterans Day Boat Parade annually on a weekend
during the month of November will present a safety of life concern on
navigable waters. The purpose of this rule is to ensure safety of life
on the navigable waters in the safety zone before, during, and after
the scheduled event.
For the reasons stated above, we are issuing this rule.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 31, 2022. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a special local regulation annually on a
weekend in November. The special local regulation will 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. No
vessel or person will be permitted to enter the special local
regulation without obtaining permission from the COTP or a 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, 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 rule 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
[[Page 10239]]
operated and are not dominant in their fields, and governmental
jurisdictions with populations of less than 50,000. The Coast Guard
received no comments from the Small Business Administration on this
rulemaking. 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
special local regulation 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
special local regulation that would prohibit persons and vessels from
transiting the regulated area during the parade. 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. 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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. In Sec. 100.1101, amend table 1 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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[[Page 10240]]
Dated: November 7, 2022.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
Editorial note: This document was received for publication by
the Office of the Federal Register on February 14, 2023.
[FR Doc. 2023-03377 Filed 2-16-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 17, 2023.
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