[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Rules and Regulations]
[Pages 52770-52772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22736]



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DEPARTMENT OF HOMELAND SECURITY



Coast Guard



33 CFR Part 100



[Docket Number USCG-2018-0869]

RIN 1625-AA08




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



AGENCY: Coast Guard, DHS.



ACTION: Temporary final rule.



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SUMMARY: The Coast Guard is establishing a temporary special local 

regulation for navigable waters of the San Diego Bay offshore of Harbor 

Island bound landward of a line by the following coordinates starting 

west at 32[deg]43.033' N and 117[deg]12.792' W and proceeding east to 

32[deg]43.166' N and 117[deg]12.266' W, proceeding east to 

32[deg]43.166' N and 117[deg]11.633' W, and ending at 32[deg]43.100' N 

and 117[deg]11.300' W. This 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 these waters of the San 

Diego Bay, from 10:00 a.m. to 6:00 p.m. on October 17, 2018 through 

October 21, 2018.



DATES: This rule is effective without actual notice from October 18, 

2018 until October 21, 2018. For the purposes of enforcement from 10 

a.m. to 6 p.m. daily, actual notice will be used from 10 a.m. on 

October 17, 2018 until October 18, 2018.



ADDRESSES: To view documents mentioned in this preamble as being 

available in the docket, go to http://www.regulations.gov, type USCG-

2018-0869 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 

Docket Folder on the line associated with this rule.



FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 

call or email Lieutenant Junior Grade Briana Biagas, Waterways 

Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 

619-278-7656, email [email protected].



SUPPLEMENTARY INFORMATION: 



I. Table of Abbreviations



CFR Code of Federal Regulations

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

Sec.  Section

U.S.C. United States Code



II. Background Information and Regulatory History



    The Coast Guard is issuing this temporary 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 doing so would be impracticable. Due 

to the timing of the event, we are unable to issue a NPRM before the 

event is scheduled.

    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. This rule is necessary for the 

safety of life during the event on these navigable waters. For the 

reasons above, including the timing of the event, it would be 

impracticable to delay this rule to provide a full 30 days' notice.



III. Legal Authority and Need for Rule



    The Coast Guard is issuing this rule under authority in 33 U.S.C. 

1233, which authorizes the Coast Guard to establish and define special 

local regulations. The COTP San Diego is establishing a special local 

regulation for the waters of the San Diego Bay bound landward of a line 

by coordinates starting west at 32[deg]43.033' N and 117[deg]12.792' W 

and proceeding east to 32[deg]43.166' N and 117[deg]12.266' W, 

proceeding east to 32[deg]43.166' N and 117[deg]11.633' W, and ending 

at 32[deg]43.100' N and 117[deg]11.300' W. The purpose of this rule is 

to ensure safety of participants, vessels and the navigable waters in 

the regulated area before, during, and after the scheduled event.



IV. Discussion of the Rule



    This rule establishes a special local regulation from 10:00 a.m. to 

6:00 p.m. on October 17, 2018 through October 21, 2018. The special 

local regulation will cover all navigable waters of the San Diego Bay 

bound landward of a line by coordinates starting west at 32[deg]43.033' 

N and 117[deg]12.792' W and proceeding east to 32[deg]43.166' N and 

117[deg]12.266' W, proceeding east to 32[deg]43.166' N and 

117[deg]11.633' W, and ending at 32[deg]43.100' N and 117[deg]11.300' 

W. The purpose of this rule is to ensure safety of participants, 

vessels and the navigable waters in the regulated area before, during, 

and after the scheduled event. 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 specified dates and times. Additionally, 

movement of all vessels within the regulated area and entry of all 

vessels into the regulated area will be restricted. The Coast Guard 

will publish information on the event in the weekly LNM.



V. 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, 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 13771 directs agencies to control 

regulatory costs through a budgeting process. This rule has not been 

designated a ``significant regulatory action,'' under Executive Order 

12866. Accordingly, this rule has not been reviewed by the Office of 

Management and Budget (OMB), and pursuant to OMB guidance, it is exempt 

from the requirements of Executive Order 13771.

    This regulatory action determination is based on size, location, 

duration, and time-of-day of the special local regulation. The Coast 

Guard will publish a LNM that details the vessel restrictions of the 

regulated area.



B. Impact on Small Entities



    The Regulatory Flexibility Act of 1980, 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



[[Page 52771]]



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 Bay bound landward 

of a line by coordinates starting west at 32[deg]43.033' N and 

117[deg]12.792' W and proceeding east to 32[deg]43.166' N and 

117[deg]12.266' W, proceeding east to 32[deg]43.166' N and 

117[deg]11.633' W, and ending at 32[deg]43.100' N and 117[deg]11.300' W 

from 10:00 a.m. to 6:00 p.m. on October 17, 2018 through October 21, 

2018.

    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.

    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.



C. 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).



D. Federalism and Indian Tribal Governments



    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 have 

determined that it is consistent with the fundamental federalism 

principles and preemption requirements described in Executive Order 

13132.

    Also, 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. If 

you believe this 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 rule will not result in 

such an expenditure, we do discuss the effects of this rule elsewhere 

in this preamble.



F. Environment



    We have analyzed this rule under Department of Homeland Security 

Directive 023-01 and Commandant Instruction M16475.1D, 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 rule involves 

establishment of marine event special local regulations on a portion of 

the navigable waters of the San Diego Bay. It is categorically excluded 

from further review under paragraph L61 and L63(b) of Appendix A, Table 

1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 

Environmental Consideration supporting this determination is available 

in the docket where indicated under ADDRESSES.



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.



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 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; 33 CFR 1.05-1.





0

2. Add Sec.  100.35T11-0869 to read as follows:





Sec.  100.35T11-0869  Special Local Regulation for Marine Event; San 

Diego Bay, San Diego, CA.



    (a) Regulated area. The following location is a regulated area: All 

navigable waters of San Diego Bay bound landward of a line by 

coordinates starting west at 32[deg]43.033' N and 117[deg]12.792' W and 

proceeding east to 32[deg]43.166' N and 117[deg]12.266' W, proceeding 

east to 32[deg]43.166' N and 117[deg]11.633' W, and ending at 

32[deg]43.100' N and 117[deg]11.300' W.

    (b) Definitions. The term ``designated representative'' means Coast 

Guard Patrol Commanders, including Coast Guard coxswains, petty 

officers, and other officers operating Coast Guard vessels, and 

Federal, state, and local officers designated by or assisting the 

Captain of the Port San Diego in the enforcement of the regulated 

areas.

    (c) Special local regulations. (1) 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 dates and times listed in paragraph (d) of 

this section.

    (2) Movement of all vessels within the regulated area and entry of 

all vessels into the regulated area will be restricted.

    (3) To seek permission to enter the regulated area, contact the 

Captain of the Port (COTP) San Diego or the COTP's designated 

representative.

    (4) The Coast Guard will publish a notice in the Eleventh Coast 

Guard District Local Notice to Mariners and issue a Safety Marine 

Information Broadcast of VHF-FM marine band radio announcing specific 

event location, dates and times.

    (d) Enforcement period(s). Daily from 10:00 a.m. to 6:00 p.m. on 

October 17, 2018 through October 21, 2018.





[[Page 52772]]





    Dated: October 2, 2018.

J.R. Buzzella,

Captain, U.S. Coast Guard, Captain of the Port San Diego.

[FR Doc. 2018-22736 Filed 10-17-18; 8:45 am]

 BILLING CODE 9110-04-P