[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Rules and Regulations]
[Pages 18310-18313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07859]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0138]
RIN 1625-AA08


Special Local Regulation; San Salvador Launch and Procession; San 
Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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

SUMMARY: The Coast Guard is establishing a marine event special local 
regulation for the launch of the historic vessel San Salvador located 
in the Captain of the Port San Diego Zone on San Diego Bay. This action 
is necessary to provide for the safety of life and property on 
navigable waters during this event. This special local regulation will 
establish restrictions upon, and control movement of, vessels in a 
portion of San Diego Bay during the initial launch and subsequent 
procession of the San Salvador around a portion of San Diego Bay. 
Unauthorized persons and vessels are prohibited from entering into, 
transiting through or anchoring within this regulated area unless 
authorized by the Captain of the Port, or his designated 
representative. The Coast Guard requests public comments on the 
temporary special local regulation.

DATES: This rule is effective from 8:00 a.m. to 1:00 p.m. on April 19, 
2015. Public comments must be received by April 15, 2015.

ADDRESSES: Submit comments using one of the listed methods, and see 
SUPPLEMENTARY INFORMATION for more information on public comments.
     Online--http://www.regulations.gov following Web site 
instructions.
     Fax--202-493-2251.
     Mail or hand deliver--Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand 
delivery hours: 9 a.m. to 5 p.m., Monday through Friday, except Federal 
holidays (telephone 202-366-9329).
    Documents mentioned in this preamble are part of docket [USCG-2015-
0138]. 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 Randolph Pahilanga, 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 Cheryl Collins, 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. Public Participation and Comments

    We encourage you to submit comments (or related material) on this 
temporary final rule. We will consider all submissions and may adjust 
our final action based on your comments. Comments should be marked with 
docket number USCG-2015-0138 and should provide a reason for each 
suggestion or recommendation. You should provide personal contact 
information so that we can contact you if we have questions regarding 
your comments; but please note that all comments will be posted to the 
online docket without change and that any personal information you 
include can be searchable online (see the Federal Register Privacy Act 
notice regarding our public dockets, 73 FR 3316, Jan. 17, 2008).
    Mailed or hand-delivered comments should be in an unbound 8\1/2\ x 
11 inch format suitable for reproduction. The Docket Management 
Facility will acknowledge receipt of mailed comments if you enclose a 
stamped, self-addressed postcard or envelope with your submission.
    Documents mentioned in this notice and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following the Web site's instructions. You can also view the docket at 
the Docket Management Facility (see the mailing address under 
ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

B. Regulatory History and Information

    The San Salvador Launch and Procession is a onetime marine event 
with no regulatory history. 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 publishing an NPRM would be impracticable 
since immediate action is needed to minimize potential danger to the 
participants and the

[[Page 18311]]

public during the event. The danger posed by the volume of commercial, 
public and private recreational marine traffic in San Diego Bay makes 
special local regulations necessary to provide for the safety of the 
crew, spectators, sponsor safety vessel, and other users of the 
waterway during both the launch and procession occurring immediately 
after the launch. Additionally, publishing an NPRM is unnecessary 
because the area covered by the marine event special local regulations 
should have negligible impact on vessel transits. Furthermore, the 
necessary information to determine whether the marine event poses a 
threat to persons and vessels was provided initially to the Coast Guard 
less than 135 days before the event, specifically 60 days, and as only 
a draft plan which is insufficient time to publish an NPRM. We wish to 
take immediate action to help protect the safety of the participants, 
crew, spectators, and participating vessels from other vessels during 
the one day event. For the information for all mariners, it is 
important to have these regulations in effect during the event and 
impracticable to delay the regulations. For these same reasons, the 
Coast Guard finds good cause for implementing this rule less than 
thirty days before the effective date.
    Even though the normal comment process was shortened for this rule, 
we are providing an opportunity for public comment and, should public 
comment show the need for modifications to the regulated area during 
the event, we may make those modifications during the event and will 
provide actual notice of those modifications to the affected public.

C. Basis and Purpose

    The legal basis the rule is the Coast Guard's authority to issue 
regulations to promote the safety of life on navigable waters during 
regattas or marine parades: 33 U.S.C. 1233.
    The Coast Guard was notified by the San Diego Maritime Museum that 
the vessel San Salvador, a recreation of the original Spanish 
exploration sailing vessel used by the explorer, Juan Rodriquez 
Cabrillo, will be launched and towed to its final mooring space at the 
San Diego Maritime Museum on April 19, 2015. The launch and procession 
will require the immediate area adjacent to the downtown San Diego 
Embarcadero between Broadway and B Street Piers to be clear of all 
vessel traffic during the crane barge lift of the vessel, launch and 
subsequent parade. The parade route during the one-hour procession will 
go from the planned launch site at Broadway Pier south along the 
Embarcadero and returning north to the Maritime Museum, roughly a two 
mile transit. This rule establishes a fifty-yard wide exclusion area 
for the safe transit of the vessel San Salvador.
    If an alternate emergency launch site is required along the 
Embarcadero other than the Broadway Pier, the Coast Guard Captain of 
the Port will adjust the marine event special local regulations to 
ensure the safety of all participants, safety vessels and spectators 
during the launch and adjustment of the procession length. During the 
enforcement of the event, the Coast Guard will issue a broadcast notice 
to mariners (BNM) alert via VHF Channel 16 to notify the public of any 
course changes.
    The Captain of the Port of San Diego has determined that 
establishing a temporary marine event special local regulation on the 
navigable waters of the San Diego Bay will ensure public safety for the 
launch and procession. This special local regulation is necessary to 
provide for the safety of the crew, spectators, sponsor safety vessel, 
and other users of the waterway.

D. Discussion of the Final Rule

    The Coast Guard is establishing marine event special local 
regulations that will be enforced from 8:00 a.m. to 1:00 p.m. on April 
19, 2015. This special local regulation is necessary to provide for the 
safety of the crew, event participants and spectators of the event and 
to protect other vessels and users of the waterway. Persons and vessels 
will be prohibited from entering into, transiting through, or anchoring 
within this regulated area unless authorized by the Captain of the 
Port, or his designated representative.
    The special local regulation will encompass a portion of the 
navigable waters of San Diego Bay within twenty-five yards on either 
side of a predetermined course starting from the Broadway Pier, heading 
southeast past the Embarcadero, crossing the federal channel before 
buoy 24 at position (North American Datum of 1983, World Geodetic 
System, 1984) 32[deg]41.55 N, 117[deg]09.54 W, heading northwest past 
Coronado Landing, crossing the federal channel again before buoy 22 at 
position (North American Datum of 1983, World Geodetic System, 1984) 
32[deg]42.31 N, 117[deg]10.43, then heading north and culminating at 
the Maritime Museum Pier. Entry into, transiting, or anchoring within 
the regulated area is prohibited unless authorized by the Captain of 
the Port San Diego or his designated on-scene representative.
    If an alternate emergency launch site is required along the 
Embarcadero other than the Broadway Pier, the Coast Guard Captain of 
the Port will adjust the marine event special local regulations to 
ensure the safety of all participants, safety vessels and spectators 
during the launch and adjustment of the procession length.
    Before the effective period, the Coast Guard will publish a local 
notice to mariners (LNM). During the enforcement of the event, the 
Coast Guard will issue a broadcast notice to mariners (BNM) alert via 
VHF Channel 16.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 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. We expect the economic 
impact of this proposed rule to be so minimal that a full Regulatory 
Evaluation is unnecessary. This determination is based on the size, 
location and limited duration of the regulated area. The special local 
regulation is designed in a way to limit impacts on vessel traffic 
while permitting vessels to navigate in other portions of the waterways 
not designated as a regulated area.

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. 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

[[Page 18312]]

Bay from 8:00 a.m. through 1:00 p.m. on April 19, 2015.
    This regulation will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessel 
traffic can pass safely around the regulated area adjacent to the 
Embarcadero and the procession regatta. The Coast Guard will publish a 
local notice to mariners (LNM) and will issue broadcast notice to 
mariners (BNM) alerts via VHF Channel 16 before the special local 
regulation is enforced.

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 special local 
regulation on the navigable waters of San Diego Bay. This rule is 
categorically excluded from further review under paragraphs 35(b) and 
34(h) 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. We seek comments or information that may lead to the 
discovery of significant environmental impacts from this rule.

List of Subjects in 33 CFR Part 100

    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 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. Add temporary Sec.  100.35T11-690 to read as follows:


Sec.  100.35T11-690  Special Local Regulation for Marine Event; San 
Diego Bay, San Diego, CA.

    (a) Regulated area. A regulated area is established to include all 
navigable waters of San Diego Bay within twenty-five yards of the 
vessel san Salvador and the predetermined course starting from the 
waters of the basin between B Street Pier and Broadway Pier upon the 
initial preparation and launch of the San Salvador vessel. Once the 
vessel is floated, the regulated area will include the waters heading 
southeast past the Embarcadero, crossing the federal

[[Page 18313]]

channel before buoy 24 at position (North American Datum of 1983, World 
Geodetic System, 1984) 32[deg]41.55 N, 117[deg]09.54 W, heading 
northwest past Coronado Landing, crossing the federal channel again 
before buoy 22 at position (North American Datum of 1983, World 
Geodetic System, 1984) 32[deg]42.31 N, 117[deg]10.43, then heading 
north and culminating at the Maritime Museum Pier, as part of the 
marine event procession. Before the effective period and during the 
enforcement of the event, the Coast Guard will issue a broadcast notice 
to mariners (BNM) alert via VHF Channel 16 if any course modifications 
are required due to emergency reasons.
    (b) Enforcement period. This section will be enforced from 8:00 
a.m. to 1:00 p.m. on April 19, 2015. If the event concludes prior to 
the schedule termination time, the COTP will cease enforcement of the 
special local regulation and will announce that fact via Broadcast 
Notice to Mariners or other communications coordinated with the event 
sponsor to grant general permission to enter the regulated area.
    (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, 
or 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) No vessel may enter, transit through, or 
anchor within this regulated area unless authorized by the Captain of 
the Port of San Diego or his designated representative.
    (2) Commercial vessels operating solely within the San Diego Bay 
federal channel will have right-of-way over event participants. Vessels 
participating in the procession will stop for oncoming commercial deep 
draft traffic and will resume after the vessel has completed its 
passage through the regulated area.
    (3) All persons and vessels shall comply with instructions from the 
Coast Guard Captain of the Port (COTP) or his designated 
representative. The COTP San Diego or his on-scene representative may 
be contacted via VHF Channel 16 or at 619-278-7033.
    (4) Upon being hailed by U.S. Coast Guard or designated 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 in patrol and notification of the regulation.

    Dated: March 24, 2015.
J.S. Spaner,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2015-07859 Filed 4-3-15; 8:45 am]
 BILLING CODE 9110-04-P