[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]
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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.
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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