[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Rules and Regulations]
[Pages 45416-45419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18764]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2015-0568]
RIN 1625-AA08


Special Local Regulation; Southern California Annual Marine 
Events for the San Diego Captain of the Port Zone; San Diego Bay, San 
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement date 
of the special local regulation on the navigable waters of San Diego 
Bay, San Diego, California in support of the annual San Diego Maritime 
Museum Festival of Sail. This temporary final rule adjusts the dates 
for the established special local regulations listed in 33 CFR 100.1101 
(table 1, item 15). This temporary interim rule provides public notice 
and is necessary to ensure the safety of participants, crew, 
spectators, participating vessels, and other vessels and users of the 
waterway. Unauthorized persons and vessels are prohibited from entering 
into, transiting through, or anchoring within the regulated area unless 
authorized by the Captain of the Port (COTP), or his designated 
representative. The Coast Guard requests public comments on the 
temporary final rule.

DATES: This rule is effective from 9 a.m. on September 4, 2015 through 
7 p.m. September 7, 2015. This rule will be

[[Page 45417]]

enforced from 9 a.m. until 7 p.m. September 4 through September 7, 
2015. Public comments must be received by August 31, 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-
0568]. 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 Randy Pahilanga, 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 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
TFR Temporary Final Rule
BNM Broadcast Notice to Mariners
LNM Local Notice to Mariners
COTP Captain of the Port

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-2015-0568 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 Diego Maritime Museum Festival of Sail is an annual 
reoccurring event listed in 33 CFR 100.1101 (table 1, item 15) for 
Southern California annual marine events for the San Diego Captain of 
the Port Zone. Special local regulations exist for the marine event to 
allow for use of the San Diego Bay waterway to allow for three days of 
events. For 2015, the event is occurring over four days. This temporary 
final rule is therefore necessary to ensure that the same measures 
normally provided are in place for all four days.
    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.''
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. The publishing of an NPRM would 
be impracticable since immediate action is needed to minimize potential 
danger to the participants and the 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 participants, event support 
vessels, spectator craft and other vessels transiting the event area. 
For the safety concerns noted, it is important to have these 
regulations in effect during the event. The area covered by the special 
local regulation should have negligible impact on vessel movement. The 
Coast Guard will issue a broadcast notice to mariners (BNM) to advise 
vessel operators of navigational restrictions. In addition, Coast Guard 
will also advertise notice of the event and event date changes via 
local notice to mariners (LNM) report. For the same reasons, the Coast 
Guard finds that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register. Delaying the 
effective date would be contrary to the public interest, because 
immediate action is needed to ensure the safety of the event. However, 
notifications will be made to users of the affected area near San Diego 
Bay, San Diego, California via marine information broadcast and a local 
notice to mariners.
    Furthermore, we are providing an opportunity for subsequent public 
comment and, should public comment show the need for modifications to 
the special local regulations during the 2015 event, we may make those 
modifications and will provide actual notice of those modifications to 
the affected public.

C. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1233, which authorize the Coast Guard to establish, and define 
special local regulations. The Captain of the Port San Diego is 
establishing a special local regulation for the waters of San Diego 
Bay, San Diego, California to protect event participants, spectators 
and transiting vessels. Entry into this area is prohibited unless 
specifically authorized by the Captain of the Port San Diego or 
designated representative.

D. Discussion of the Final Rule

    The San Diego Maritime Museum Tall Ship Festival of Sail is an 
annual event held in the early part of September on San Diego Bay, San 
Diego, California.
    The regulation listing annual marine events within the San Diego 
Captain of the Port Zone and special local regulations is 33 CFR 
100.1101. Table 1 to Sec.  100.1101 identifies special local 
regulations within the COTP San Diego Zone. Table 1 to Sec.  100.1101 
at item ``15'' describes the enforcement date and regulated location 
for this marine event.
    The date listed in the Table 1 to Sec.  100.1101 has the marine 
event

[[Page 45418]]

occurring over three days in September. However, this temporary rule 
changes the marine event date to September 4 through September 7, 2015 
to reflect the actual four days of the event.
    The Coast Guard is establishing a temporary special local 
regulation for a marine event on San Diego Bay that will be effective 
from 9 a.m. on September 4, 2015 through 7 p.m. September 7, 2015 and 
will be enforced daily from 9 a.m. to 7 p.m. on September 4 through 
September 7, 2015.
    The Coast Guard will temporarily suspend the regulation listed in 
Table 1 to Sec.  100.1101 item ``15'', and insert this temporary 
regulation in Table 1 to Sec.  100.1101, at item ``19''. This change is 
needed to accommodate the sponsor's event plan. No other portion of 
Table 1 to Sec.  100.1101 or other provisions in Table 1 to Sec.  
100.1101 shall be affected by this regulation.
    The special local regulations are necessary to provide for the 
safety of the crew, spectators, participants, and other vessels and 
users of the waterway for this event that will consist of a tall ship 
parade and mock cannon battle demonstrations. Persons and vessels will 
be prohibited from entering into, transiting through, or anchoring 
within this regulated waterway unless authorized by the Coast Guard 
Captain of the Port (COTP), or his designated representative, during 
the proposed times. Before the effective period, the Coast Guard will 
publish information on the event in the weekly LNM.

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 rule to be so minimal that a full Regulatory Evaluation 
is unnecessary. This determination is based on the size, location, and 
the limited duration of the marine event and associated special local 
regulations. Optional waterway routes exist to allow boaters to transit 
around the marine event area, without impacting the festival. 
Additionally, to the maximum extent practicable, the event sponsor will 
assist with the movement of boaters desiring to transit the area 
throughout the four days.

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 San Diego 
Bay, California from 9 a.m. to 7 p.m. on September 4 through September 
7, 2015.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. Although the special local regulations would apply to a broad 
portion of San Diego, traffic would be allowed to pass around the zone 
or through the zone with the permission of the COTP, or his designated 
representative. The event sponsor will also be advertising the event. 
Before the effective period, the Coast Guard will publish event 
information on the internet in the weekly LNM marine information report 
and will provide a BNM via marine radio during the event.

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 calls for no 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 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

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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 marine event special 
local regulations on the navigable waters of San Diego Bay. This rule 
is categorically excluded from further review under paragraph 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 any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, and 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. In Sec.  100.1101, in Table 1 to Sec.  100.1101, suspend item ``15'' 
and add temporary item ``19'' to read as follows:


Sec.  100.1101  Southern California Annual Marine Events for the San 
Diego Captain of the Port Zone.

* * * * *

                        Table 1 to Sec.   100.110
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        19. San Diego Maritime Museum Tall Ship Festival of Sail
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Sponsor..............................  San Diego Maritime Museum.
Event Description....................  Tall ship festival.
Date.................................  September 4 through September 7,
                                        2015.
Location.............................  San Diego Bay, CA.
Regulated Area.......................  The waters of San Diego Bay
                                        Harbor.
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    Dated: July 16, 2015.
J.S. Spaner,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2015-18764 Filed 7-29-15; 8:45 am]
 BILLING CODE 9110-04-P