[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Rules and Regulations]
[Pages 52770-52772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22736]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0869]
RIN 1625-AA08
Special Local Regulation; 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 special local
regulation for navigable waters of the San Diego Bay offshore of Harbor
Island bound landward of a line by the following coordinates starting
west at 32[deg]43.033' N and 117[deg]12.792' W and proceeding east to
32[deg]43.166' N and 117[deg]12.266' W, proceeding east to
32[deg]43.166' N and 117[deg]11.633' W, and ending at 32[deg]43.100' N
and 117[deg]11.300' W. This special local regulation is necessary to
provide for the safety of life on navigable waters during the event.
This action will restrict vessel traffic in these waters of the San
Diego Bay, from 10:00 a.m. to 6:00 p.m. on October 17, 2018 through
October 21, 2018.
DATES: This rule is effective without actual notice from October 18,
2018 until October 21, 2018. For the purposes of enforcement from 10
a.m. to 6 p.m. daily, actual notice will be used from 10 a.m. on
October 17, 2018 until October 18, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0869 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 Junior Grade Briana Biagas, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7656, email [email protected].
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 doing so would be impracticable. Due
to the timing of the event, we are unable to issue a NPRM before the
event is scheduled.
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. This rule is necessary for the
safety of life during the event on these navigable waters. For the
reasons above, including the timing of the event, it would be
impracticable to delay this rule to provide a full 30 days' notice.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233, which authorizes the Coast Guard to establish and define special
local regulations. The COTP San Diego is establishing a special local
regulation for the waters of the San Diego Bay bound landward of a line
by coordinates starting west at 32[deg]43.033' N and 117[deg]12.792' W
and proceeding east to 32[deg]43.166' N and 117[deg]12.266' W,
proceeding east to 32[deg]43.166' N and 117[deg]11.633' W, and ending
at 32[deg]43.100' N and 117[deg]11.300' W. The purpose of this rule is
to ensure safety of participants, vessels and the navigable waters in
the regulated area before, during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 10:00 a.m. to
6:00 p.m. on October 17, 2018 through October 21, 2018. The special
local regulation will cover all navigable waters of the San Diego Bay
bound landward of a line by coordinates starting west at 32[deg]43.033'
N and 117[deg]12.792' W and proceeding east to 32[deg]43.166' N and
117[deg]12.266' W, proceeding east to 32[deg]43.166' N and
117[deg]11.633' W, and ending at 32[deg]43.100' N and 117[deg]11.300'
W. The purpose of this rule is to ensure safety of participants,
vessels and the navigable waters in the regulated area before, during,
and after the scheduled event. 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 specified dates and times. Additionally,
movement of all vessels within the regulated area and entry of all
vessels into the regulated area will be restricted. The Coast Guard
will publish information on the event in the weekly LNM.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance, it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on size, location,
duration, and time-of-day of the special local regulation. The Coast
Guard will publish a LNM that details the vessel restrictions of the
regulated area.
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 52771]]
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.
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 the San Diego Bay bound landward
of a line by coordinates starting west at 32[deg]43.033' N and
117[deg]12.792' W and proceeding east to 32[deg]43.166' N and
117[deg]12.266' W, proceeding east to 32[deg]43.166' N and
117[deg]11.633' W, and ending at 32[deg]43.100' N and 117[deg]11.300' W
from 10:00 a.m. to 6:00 p.m. on October 17, 2018 through October 21,
2018.
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.
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. 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
Directive 023-01 and Commandant Instruction M16475.1D, 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 a portion of
the navigable waters of the San Diego Bay. It is categorically excluded
from further review under paragraph L61 and L63(b) of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
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; 33 CFR 1.05-1.
0
2. Add Sec. 100.35T11-0869 to read as follows:
Sec. 100.35T11-0869 Special Local Regulation for Marine Event; San
Diego Bay, San Diego, CA.
(a) Regulated area. The following location is a regulated area: All
navigable waters of San Diego Bay bound landward of a line by
coordinates starting west at 32[deg]43.033' N and 117[deg]12.792' W and
proceeding east to 32[deg]43.166' N and 117[deg]12.266' W, proceeding
east to 32[deg]43.166' N and 117[deg]11.633' W, and ending at
32[deg]43.100' N and 117[deg]11.300' W.
(b) Definitions. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port San Diego in the enforcement of the regulated
areas.
(c) Special local regulations. (1) 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 dates and times listed in paragraph (d) of
this section.
(2) Movement of all vessels within the regulated area and entry of
all vessels into the regulated area will be restricted.
(3) To seek permission to enter the regulated area, contact the
Captain of the Port (COTP) San Diego or the COTP's designated
representative.
(4) The Coast Guard will publish a notice in the Eleventh Coast
Guard District Local Notice to Mariners and issue a Safety Marine
Information Broadcast of VHF-FM marine band radio announcing specific
event location, dates and times.
(d) Enforcement period(s). Daily from 10:00 a.m. to 6:00 p.m. on
October 17, 2018 through October 21, 2018.
[[Page 52772]]
Dated: October 2, 2018.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2018-22736 Filed 10-17-18; 8:45 am]
BILLING CODE 9110-04-P