[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Proposed Rules]
[Pages 63437-63440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22227]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0777]
RIN 1625-AA08


Special Local Regulation; San Diego Sharkfest Swim; San Diego 
Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is temporarily changing the enforcement date 
and the location of the special local regulation for the annual San 
Diego Sharkfest Swim event held on the navigable waters of San Diego 
Bay, San Diego, CA. The change of enforcement date and the location for 
the special local regulation is necessary to provide for the safety of 
life on navigable waters during the event. This action will restrict 
vessel traffic in the waters of the San Diego Bay, California, from 
9:00 a.m. to 10:00 a.m. on October 2, 2016, from Fifth Avenue Landing 
to Tidelands Park, Coronado, CA. We invite your comments on this 
proposed rulemaking.

[[Page 63438]]


DATES: Comments and related material must be received by the Coast 
Guard on or before September 22, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0777 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Robert Cole, Waterways Management, U.S. Coast 
Guard Sector San Diego, Coast Guard; telephone 619-278-7656, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
TFR Temporary Final Rule
LNM Local Notice to Mariners
COTP Captain of the Port
SMIB Safety Marine Information Broadcast

II. Background, Purpose and Legal Basis

    The San Diego Sharkfest Swim race is an annual recurring event 
listed in Table 1, Item 10 of 33 CFR 100.1101, Southern California 
Annual Marine Events for the San Diego COTP Zone. Special local 
regulations exist for the marine event to allow for special use of the 
San Diego Bay, San Diego, CA for this event. 33 U.S.C. 1233, authorizes 
the Coast Guard to establish and define special local regulations to 
promote the safety of life on the navigable waters during regattas or 
marine parades.

III. Discussion of Proposed Rule

    The San Diego Sharkfest Swim race is an annual event normally held 
on a weekend day in September or October on the waters of San Diego 
Bay, San Diego, CA.
    33 CFR 100.1101 lists the annual marine events and special local 
regulations in Southern California within the San Diego COTP Zone. The 
enforcement date and regulated location for this marine event are 
listed in Table 1, Item 10 of Section 100.1101.
    The date listed in the Table indicates that the marine event will 
occur on a Saturday in September or October, on the waters of San Diego 
Bay, California, from Seaport Village to Coronado Ferry Landing. 
However, this proposed temporary rule will change the event date to 
Sunday, October 2, 2016, and the location from Fifth Avenue Landing to 
Tidelands Park, to reflect the actual date and location of the event.
    The regulations in 33 CFR 100.1101 will be temporarily suspended 
for Table 1, Item 10 of that section and a temporary regulation will be 
inserted as Table 1, Item 19 of that section in order to reflect that 
the special local regulation will be effective and enforced from 9:00 
a.m. to 10:00 a.m. on October 2, 2016. This change is needed to 
accommodate the sponsor's event plan and ensure that adequate 
regulations are in place to protect the safety of vessels and 
individuals that may be present in the regulated area. No other portion 
of Table 1 of Sec.  100.1101 or other provisions in 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 San Diego Bay waterway. Persons and vessels will be 
prohibited from anchoring, blocking, loitering, or impeding within this 
regulated waterway unless authorized by the 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. The proposed regulatory text appears at the end of this document.

IV. Regulatory Analysis

    We developed this proposed 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 and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
Optional waterway routes exist to allow boaters to travel around the 
marine event area, without impacting the race, once the last swimmer 
has cleared the middle of the channel. Moreover, the Coast Guard would 
publish a Local Notice to Mariners about the zone.

B. 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. This proposed 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 Bay, San Diego, CA, from 9:00 a.m. to 10:00 
a.m. on October 2, 2016.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons: 
Traffic will be allowed to pass around the regulated area once the last 
swimmer has cleared the middle of the channel with the permission of 
the COTP, or his designated representative, and the special local 
regulation is limited in size and duration. Before the effective 
period, the Coast Guard will publish event information on the Internet 
in the weekly LNM marine information report, as well as provide a SMIB 
via marine radio during the event. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and how and to what degree this rule would economically 
affect it.
    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 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

[[Page 63439]]

C. Collection of Information

    This proposed rule calls for no new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under E.O. 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 proposed rule under that Order and 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (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 proposed rule involves establishment of marine event 
special local regulations on the navigable waters of the San Diego Bay. 
It 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 will be 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 proposed 
rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    .For the reasons discussed in the preamble, the Coast Guard 
proposes to amend 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 ``10'' 
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.

* * * * *
    (b) * * *
    (5) * * *

                       Table 1 to Sec.   100.1101
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                      19. San Diego Sharkfest Swim
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Sponsor...............................  Enviro-Sports Productions, Inc.
Event Description.....................  Swim Race.
Date..................................  October 2, 2016.
Location..............................  San Diego Bay, CA.

[[Page 63440]]

 
Regulated Area........................  The waters of San Diego Bay, CA
                                         from Fifth Avenue Landing to
                                         Tidelands Park, Coronado, CA.
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    Dated: September 1, 2016.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2016-22227 Filed 9-14-16; 8:45 am]
 BILLING CODE 9110-04-P