Rule2023-23865
Safety Zone; Vessel Launch, San Diego Bay, San Diego, CA
Primary source
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Published
October 27, 2023
Effective
October 28, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters in the vicinity of General Dynamics NASSCO shipyard in San Diego Bay, San Diego, CA, during the launch of the USNS Robert Kennedy. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the launching and subsequent berthing of the USNS Robert Kennedy. 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 88 Issue 207 (Friday, October 27, 2023)</title>
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[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Rules and Regulations]
[Pages 73756-73758]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23865]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0818]
RIN 1625-AA00
Safety Zone; Vessel Launch, San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in the vicinity of General Dynamics NASSCO shipyard in
San Diego Bay, San Diego, CA, during the launch of the USNS Robert
Kennedy. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards associated with the
launching and subsequent berthing of the USNS Robert Kennedy. 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 7:30 a.m. on October 28, 2023,
through 10:30 a.m. on October 28, 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-
2023-0818 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 rule,
call or email Lieutenant Junior Grade Shelley Turner, Waterways
Management, U.S. Coast Guard Sector San Diego, CA; telephone 619-278-
7656, email <a href="/cdn-cgi/l/email-protection#226f43504b4c476754474c5651716662575141450c4f4b4e"><span class="__cf_email__" data-cfemail="531e32213a3d361625363d2720001713262030347d3e3a3f">[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 it is impracticable. It is
impracticable to publish an NPRM because we must establish this safety
zone by October 28, 2023, to ensure the safety of response personnel
and mariners associated with the launching of the USNS Robert Kennedy.
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 the public interest because this rule is
needed to protect mariners, commercial and recreational waterway users,
and the USNS Robert Kennedy from dangers associated with the launching
and berthing of the USNS Robert Kennedy on October 28, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Diego (COTP) has determined
that potential hazards associated with launching of the USNS Robert
Kennedy on October 28, 2023, will be a safety concern for anyone in the
vicinity of the General Dynamics NASSCO shipyard, San Diego Bay, San
Diego, CA. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the USNS Robert Kennedy is being launched.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 a.m. until 10:30 a.m.
on October 28, 2023. The safety zone will be in the vicinity of General
Dynamics NASSCO shipyard in San Diego Bay, San Diego, CA. The safety
zone will cover all navigable waters, from surface to sea bottom, of
the San Diego Bay, CA, created by connecting the following points:
beginning at 32[deg]41.39' N, 117[deg]08.66' W (Point A); thence
running southwesterly to 32[deg]41.24' N, 117[deg]09.05' W (Point B);
thence running southeasterly to 32[deg]41.05' N, 117[deg]08.73' W
(Point C); thence running northeasterly to 32[deg]41.20' N,
117[deg]08.34' W (Point D); thence running northwesterly to the
beginning point. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the USNS Robert Kennedy is being launched. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
To seek permission to enter, hail Coast Guard Sector San Diego on
VHF-FM Channel 16 or call the 24-hour Command Center at (619) 278-7000.
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. A designated representative means a Coast Guard
coxswain or petty officer designated by or assisting the Captain of the
Port Sector San Diego (COTP) in the enforcement of the safety zone.
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 for the enforcement times and dates for the safety zone.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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 limited duration of the safety zone. This safety zone
impacts a small, designated area of the San Diego Bay for a very
[[Page 73757]]
limited period during the weekend when vessel traffic is normally low.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would 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
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
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 three hours that will prohibit entry within certain
navigable waters of San Diego Bay, San Diego, CA in the vicinity of the
General Dynamics NASSCO shipyard. 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T11-136 to read as follows:
Sec. 165.T11-136 Safety Zone; Vessel Launch, San Diego Bay, San
Diego, CA.
(a) Location. The following area is a safety zone: All waters of
San Diego Bay, from surface to bottom, encompassed by a line connecting
the following points beginning at 32[deg]41.39' N, 117[deg]08.66' W
(Point A); thence running southwesterly to 32[deg]41.24' N,
117[deg]09.05' W (Point B); thence running southeasterly to
32[deg]41.05' N, 117[deg]08.73' W (Point C); thence running
northeasterly to 32[deg]41.20' N, 117[deg]08.34' W (Point D); thence
running northwesterly to the beginning point.
(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 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
[[Page 73758]]
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) 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: October 24, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2023-23865 Filed 10-26-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 27, 2023.
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