[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Rules and Regulations]
[Pages 58878-58880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23264]
[[Page 58878]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0786]
RIN 1625-AA00
Safety Zone; San Diego Shark Fest Swim; 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 safety zone upon the
navigable waters of the San Diego Bay, San Diego, CA, in support of San
Diego Shark Fest Swim. This safety zone is necessary to provide for the
safety of the participants, crew, spectators, participating vessels,
and other vessels and users of the waterway. Persons and vessels are
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the Captain of the Port, or his
designated representative.
DATES: This rule is effective from 9:15 a.m. to 10:15 a.m. on October
6, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0786]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Bryan Gollogly, Waterways Management, U.S.
Coast Guard Sector San Diego; telephone (619) 278-7656, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final 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 the logistical details of the San
Diego Shark Fest Swim were not finalized nor presented to the Coast
Guard in enough time to draft and publish an NPRM. As such, the event
would occur before the rulemaking process was complete.
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 because it is impractical and
contrary to the public interest. The Coast Guard did not have the
necessary event information in time to provide both a comment period
and allow for a 30 day delayed effective date. Immediate action is
required to ensure the safety zone is in place to protect participants,
crew, spectators, participating vessels, and other vessels and users of
the waterway during the event.
B. Basis and Purpose
The legal basis for this temporary rule is the Ports and Waterways
Safety Act which authorizes the Coast Guard to establish safety zones
(33 U.S.C 1221 et seq.). The Coast Guard is establishing a temporary
safety zone on the navigable waters of the San Diego Bay for the
October 6, 2013 San Diego Shark Fest Swim, consisting of 400 swimmers
swimming a predetermined course. The sponsor will provide 18 safety
vessels including boats, paddle boards, and PWCs for this event. This
safety zone is necessary to provide for the safety of the participants,
crew, spectators, sponsor vessels, and other users of the waterway.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone that will be enforced
from 9:15 a.m. to 10:15 a.m. on October 6, 2013. The limits of the
safety zone will be the navigable waters of the San Diego Bay bounded
by the following coordinates: 32[deg]42.17' N, 117[deg]09.83' W;
32[deg]41.66' N, 117[deg]09.88' W; along the shore line to
32[deg]41.29' N, 117[deg]09.77' W; 32[deg]41.50' N, 117[deg]09.73' W;
32[deg]42.05' N, 117[deg]09.68' W; along the shore line to
32[deg]42.17' N, 117[deg]09.83' W.
This safety zone is necessary to ensure unauthorized personnel and
vessels remain safe by keeping clear during the San Diego Shark Fest
Swim. Persons and vessels are prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port, or his designated representative.
Before the effective period, the Coast Guard will publish a Coast
Guard District Eleven Local Notice to Mariners information on the event
and associated safety zone. Immediately before and during the swim
event, Coast Guard Sector San Diego Joint Harbor Operations Center will
issue Broadcast Notice to Mariners on the location and enforcement of
the safety zone.
Vessels will be able to transit the surrounding area and may be
authorized to transit through the safety zone with the permission of
the Captain of the Port of the designated representative. Before
activating the zones, the Coast Guard will notify mariners by
appropriate means including but not limited to Local Notice to Mariners
and Broadcast Notice to Mariners.
D. 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.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size, duration and location of the safety zone. Commercial
vessels will not be hindered by the safety zone. Recreational vessels
may be allowed to transit through the designated safety zone during the
specified times if they request and obtain authorization from the
Captain of the Port, or his designated representative. Additionally,
before the effective period, the Coast Guard will publish a Local
Notice to Mariners.
[[Page 58879]]
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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.
(1) This rule will affect the following entities, some of which may
be small entities: The owners or operators of vessels intending to
transit or anchor in the aforementioned portion of the San Diego Bay
from October 6, 2013, from 9:15 a.m. to 10:15 a.m.
(2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons: This
safety zone will only be in effect for one hour in the morning when
vessel traffic is low. Vessel traffic can transit safely around the
zone when authorized.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 the establishment of a safety zone.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES.
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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T11-595 to read as follows:
[[Page 58880]]
Sec. 165.T11-595 Safety Zone; San Diego Shark Fest Swim; San Diego
Bay, San Diego, CA.
(a) Location. The limits of the safety zone will be the navigable
waters of the San Diego Bay bounded by the following coordinates:
32[deg]42.17' N, 117[deg]09.83' W; 32[deg]41.66' N, 117[deg]09.88' W;
along the shore line to 32[deg]41.29' N, 117[deg]09.77' W;
32[deg]41.50' N, 117[deg]09.73' W; 32[deg]42.05' N, 117[deg]09.68' W;
along the shore line to 32[deg]42.17' N, 117[deg]09.83' W.
(b) Enforcement Period. This section will be enforced from 9:15
a.m. to 10:15 a.m. on October 6, 2013. If the event concludes prior to
the scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
(d) Regulations.
(1) Entry into, transit through, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port of San
Diego or his designated representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light or other means, the operator of a vessel
shall proceed as directed.
(5) The Coast Guard may be assisted by other federal, state, or
local agencies.
Dated: September 6, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-23264 Filed 9-24-13; 8:45 am]
BILLING CODE 9110-04-P