[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Rules and Regulations]
[Pages 17751-17753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07517]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2017-0096]
RIN 1625-AA08
Special Local Regulation; Red Bull Air Race--San Diego 2017; San
Diego Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily establishing special local
regulations for the Red Bull Air Race--San Diego 2017 event held on the
navigable waters of San Diego Bay, California. This action is necessary
to provide for the safety of life on navigable waters during the event.
This
[[Page 17752]]
action will restrict vessel traffic in specific waters of San Diego Bay
from April 14, 2017, from 8:00 a.m. to 6:30 p.m., from April 15, 2017
from 10:00 a.m. to 6:00 p.m., and from April 16, 2017 from 10:00 a.m.
to 4:30 p.m. We invite your comments on this rulemaking.
DATES: This rule is effective from April 14, 2017 through April 16,
2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0096 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 on this rule,
call or email Lieutenant Robert D. Cole, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
BNM Broadcast Notice to Mariners
LNM Local Notice to Mariners
COTP Captain of the Port
II. Regulatory Information
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 finds good cause 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 NPRM with respect to this rule as
there is not enough time to complete notice and comment rulemaking
before the event is scheduled to take place due to specific event
details that were not provided by the event sponsor in time. For this
reason, publishing an NPRM would be impracticable.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. This rule is necessary
for the safety of life on these navigable waters during the airplane
race. For the reasons above, it would be impracticable to delay this
rule to provide a full 30 days notice.
III. Background, Purpose and Legal Basis
The Red Bull Air Race--San Diego 2017 event will involve low flying
airplanes racing through a predetermined course of inflatable pylons
situated on anchored barges and positioned in certain portions of San
Diego Bay. The COTP San Diego has determined that potential hazards
associated with the air race event would be a safety concern for anyone
intending to operate on certain waters of San Diego Bay.
The purpose of this rulemaking is to ensure the safety of event
participants, spectators and transiting vessels on the navigable waters
of San Diego Bay before, during, and after the scheduled event. 33
U.S.C. 1233, authorizes the Coast Guard to establish and define special
local regulations to promote the safety of life on navigable waters.
IV. Discussion of the Rule
In this temporary final rule, the regulations in 33 CFR 100.1101
will be temporarily inserted for Table 1, Item 19 of that section in
order to reflect that the special local regulation will be effective
and enforced from April 14, 2017, from 8:00 a.m.to 6:30 p.m., from
April 15, 2017 from 10:00 a.m. to 6:00 p.m., and from April 16, 2017
from 10:00 a.m. to 4:30 p.m. This addition is needed to ensure that
adequate regulations are in place to protect the safety vessels and
individuals that may be present in the regulated area. No other portion
of Table 1 of Sec. 100.1101 or other provisions in Sec. 100.1101
shall be affected by this regulation.
The special local regulations are necessary to provide for the
safety of the crew, spectators, participants, and other vessels and
users of the San Diego Bay waterway. Persons and vessels will be
prohibited from anchoring, blocking, loitering, or impeding within this
regulated waterway unless authorized by the COTP, or his designated
representative, during the event times. Additionally, the Patrol
Commander (PATCOM) will control the movement of all vessels within the
regulated area and will restrict vessels from entering the regulated
area. Before the effective period, the Coast Guard will publish
information on the event in the weekly LNM. The regulatory text appears
at the end of this document.
V. Regulatory Analysis
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
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O.13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
The Coast Guard will publish a LNM, issue a BNM via VHF-FM marine
channel 16 that details the vessel restrictions of the regulated area,
and distribute a special local regulation flyer for public use.
B. 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.
[[Page 17753]]
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities. 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 impacted
portion of San Diego Bay, CA, from April 14, 2017, from 8:00 a.m.to
6:30 p.m., from April 15, 2017 from 10:00 a.m. to 6:00 p.m., and from
April 16, 2017 from 10:00 a.m. to 4:30 p.m.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic will be allowed to pass through the area with permission of the
COTP, or his designated representative, during a predefined schedule
arranged by the event sponsor, and the special local regulation is
limited in size and duration. The Coast Guard will issue maritime
advisories widely available to all waterway users. Before the effective
period, the Coast Guard will publish event information on the internet
in the weekly LNM marine information report. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this 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 rule 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 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
section. 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 calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under E.O. 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 it is consistent with the fundamental federalism principles and
preemption requirements described in E.O. 13132.
Also, this 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 rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 establishment of marine event special local regulations
on the navigable waters of San Diego Bay. It is categorically excluded
from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration (REC)
supporting this determination is available in the docket where
indicated under the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
G. 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.
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: 33 U.S.C. 1233.
0
2. In Sec. 100.1101, at the end of Table 1 to Sec. 100.1101, add item
``19'' 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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19. Red Bull Air Race--San Diego 2017
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Sponsor................................ Mountain Sports International
Event Description...................... Airplane Race.
Date................................... April 14, 2017 through April
16, 2017.
Location............................... San Diego Bay, CA.
Regulated Area......................... The navigable waters of San
Diego Bay bound within these
coordinates (NAD 83):
32[deg]42'41'' N.,
117[deg]10'33'' W.
32[deg]42'14'' N.,
117[deg]10'50'' W.
32[deg]41'37'' N.,
117[deg]09'51'' W.
32[deg]41'56'' N.,
117[deg]09'29'' W.
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Dated: March 29, 2017.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2017-07517 Filed 4-12-17; 8:45 am]
BILLING CODE 9110-04-P