[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53245-53247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21063]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0476]
RIN 1625-AA00


Safety Zone; San Diego Bayfair; Mission Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone upon 
the navigable waters of Mission Bay in San Diego, CA for the annual San 
Diego Bayfair power boat races from September 13, 2013 to September 15, 
2013. This temporary 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 would be 
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 7 a.m. to 5:30 p.m. on September 13, 
2013 to September 15, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0476]. 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 Lieutenant John Bannon, Waterways Management, U.S. Coast 
Guard Sector San Diego; telephone (619) 278-7261, 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 after 
publishing a Notice of Proposed Rulemaking (NPRM) on July 15, 2013 (78 
FR 42027). The Coast Guard received no comments on the NPRM and as 
such, no changes have been made to this safety zone.
    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 impracticable and 
contrary to the public interest. The Coast Guard did not have the 
necessary event information about this boat race in time to provide 
both a comment period and allow for a 30 day delayed effective date. 
The Coast Guard was able to take comments on this safety zone prior to 
publication and enforcement. 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 Ports and Waterways Safety Act gives the Coast Guard authority 
to create and enforce safety zones. The Coast Guard is establishing a 
temporary safety zone on the navigable waters of Mission Bay for the 
2013 San Diego Bayfair power boat races. This event will occur between 
7 a.m. and 5:30 p.m. on September 13 to September 15, 2013.
    The safety zone includes the waters of Mission Bay bound by the 
following coordinates:

32[deg]47'32'' N, 117[deg]13'25'' W to 32[deg]47'32'' N, 
117[deg]13'00'' W to 32[deg]47' 20'' N, 117[deg]13'00'' W then west 
to 32[deg]46'45'' N, 117[deg]14'09'' W to 32[deg]46' 11'' N, 
117[deg]14'01'' W.

    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 would be 
prohibited from entering into, transiting through or anchoring within 
this safety zone unless authorized by the Captain of the Port or his 
designated representative.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received 0 comments on the NPRM for this rule, and 
as such, no changes have been made to the final rule.
    The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Mission Bay for the 2013 San Diego Bayfair power 
boat races. This event will occur between 7 a.m. and 5:30 p.m. on 
September 13, 2013 to September 15, 2013. 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 would be prohibited from entering into, transiting 
through or anchoring within this safety zone unless authorized by the 
Captain of the Port or his designated representative. The temporary 
safety zone includes a portion of the navigable waters of Mission Bay.
    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 event, 
Coast Guard Sector San Diego Joint Harbor Operations

[[Page 53246]]

Center will issue a Broad cast Notice to mariners on the location and 
enforcement of the safety zone.
    Vessels will be able to transit the surrounding area and may be 
authorize to transit through the safety zone with the permission of the 
Captain of the Port or 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 and location of the safety zone. The safety zone is 
relatively small in size, an annual occurrence and traffic can 
circumvent the racing location. Persons and vessels would be prohibited 
from entering into, transiting through or anchoring within this safety 
zone unless authorized by the Captain of the Port or his designated 
representative. Additionally, before the effective period, the Coast 
Guard will publish a Local Notice to Mariners.

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 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in a portion of the waters of Mission Bay in San 
Diego, California from 7 a.m. to 5:30 p.m. on September 13, 2013 to 
September 15, 2013.
    (2) This safety zone will not have a significant economic impact on 
a substantial number of small entities for the following reasons. 
Although the safety zone would apply to a main portion of the navigable 
waters of Mission Bay, traffic would be allowed to pass through the 
safety zone with the permission of the Coast Guard patrol commander and 
the safety zone will collapse once the last races have concluded. 
Before the effective period, the Coast Guard will publish a Local 
Notice to Mariners.

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 
INTFORMATION 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

[[Page 53247]]

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 establishment of a temporary 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, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.T11-586 to read as follows:


Sec.  165.T11-586  Safety Zone; San Diego Bayfair; Mission Bay, San 
Diego, CA.

    (a) Location. This temporary safety zone includes the waters of 
Mission Bay bound by the following coordinates: 32[deg]47'32'' N, 
117[deg]13'25'' W to 32[deg]47'32'' N, 117[deg]13'00'' W to 32[deg]47' 
20'' N, 117[deg]13'00'' W then west to 32[deg]46'45'' N, 
117[deg]14'09'' W to 32[deg]46' 11'' N, 117[deg]14'01'' W.
    (b) Enforcement Period. This section will be enforced from 7 a.m. 
to 5:30 p.m. on September 13, 2013 to September 15, 2013. Before the 
effective period, the Coast Guard will publish a Local Notice to 
Mariners (LNM). 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 can request permission to transit through the safety 
zone from the Patrol Commander. The Patrol Commander can be contacted 
on VHF-FM channels 16 and 22A.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or his 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: August 15, 2013.
J. A. Janszen,
Commander, U.S. Coast Guard, Acting, Captain of the Port San Diego.
[FR Doc. 2013-21063 Filed 8-28-13; 8:45 am]
BILLING CODE 9110-04-P