[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Rules and Regulations]
[Pages 54578-54580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21514]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0641]
RIN 1625-AA00


Safety Zone, Tiki Swim; Oceanside Harbor, Oceanside, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of Oceanside Harbor in Oceanside, California for the 2013 
Oceanside Tiki Swim on the morning of September 29, 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 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 6 a.m. to 11 a.m. on September 29, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0641]. 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.

[[Page 54579]]


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, Coast Guard; 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. 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 sections 1221 et seq.). The Coast Guard is establishing a 
temporary safety zone on the navigable waters of the Oceanside Harbor 
for a swim event that is part of the annual Oceanside Harbor ``Harbor 
Days'' festival. This safety zone is necessary to provide for the 
safety of the swimmer participants, crew, spectators, sponsor vessels, 
and other users of the waterway. The event will consist of 350 
participants who will swim in either two courses. The first course is 
from the Oceanside Pier, outside of Oceanside Harbor to the public boat 
launch within Oceanside Harbor. The second course will depart from the 
city beach adjacent to the Oceanside Harbor and proceed to the public 
boat launch within the Oceanside Harbor. A safety zone is established 
for harbor portion only and will assist with vessel traffic management 
and keeping vessel traffic away from the event participants.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard is proposing a temporary safety zone that will be 
enforced from 6 a.m. to 11 a.m. on Sunday, September 29, 2013. The 
safety zone includes the waters of Oceanside Harbor encompassed by 
drawing a line from point to point along the following coordinates:

33[deg]12'21.5'' N, 117[deg]23'58.6'' W;
33[deg]12'21.1'' N, 117[deg]24'04.0'' W;
33[deg]12'29.5'' N, 117[deg]24'06.1'' W;
33[deg]12'31.5'' N, 117[deg]23'45.1'' W;
33[deg]12'23.1'' N, 117[deg]23'32.8'' W;
33[deg]12'20.9'' N, 117[deg]23'35.9'' W.
    This safety zone is necessary to ensure unauthorized personnel and 
vessels remain safe by keeping clear during the swimming event within 
the Oceanside Harbor entrance and main channel. 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 swimming 
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. The safety 
zone is relatively small in size, less than half a mile across, short 
in duration, 45 minutes long, and traffic would be allowed to pass 
through the zone with the permission of the Captain of the Port. 
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 may 
be small entities: The owners and operators of pleasure craft engaged 
in recreational activities and sightseeing in the impacted portion of 
Oceanside Harbor on the morning of September 29, 2013.
    (2) This safety zone will not have a significant economic impact on 
a substantial number of small entities for the following reasons: The 
safety zone will only be in effect for less than five hours in the 
morning when vessel traffic is low. Vessel traffic can safely transit 
around the safety zone while the zone is in effect.

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

[[Page 54580]]

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

0
2. Add Sec.  165.T11-592 to read as follows:


Sec.  165.T11-592  Safety Zone; Tiki Swim; Oceanside Harbor, Oceanside, 
CA.

    (a) Location. The limits of this temporary safety zone are the 
waters of Oceanside Harbor encompassed by drawing a line from point to 
point along the following coordinates:

33[deg]12'21.5'' N, 117[deg]23'58.6'' W;
33[deg]12'21.1'' N, 117[deg]24'04.0'' W;
33[deg]12'29.5'' N, 117[deg]24'06.1'' W;
33[deg]12'31.5'' N, 117[deg]23'45.1'' W;
33[deg]12'23.1'' N, 117[deg]23'32.8'' W;
33[deg]12'20.9'' N, 117[deg]23'35.9'' W.
    (b) Enforcement Period. This safety zone will be enforced from 6 
a.m. to 11 a.m. on September 29, 2013.
    (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, 
local, state, or federal law enforcement vessels who have been 
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations.
    (1) In accordance with general regulations in 33 CFR Part 165, 
Subpart C, 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 on scene designated 
Patrol Commander or Coast Guard Sector San Diego Joint Harbor 
Operations Center via VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or his designated representative.
    (4) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: August 20, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-21514 Filed 9-4-13; 8:45 am]
BILLING CODE 9110-04-P