[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Rules and Regulations]
[Pages 68250-68252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23181]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0611]
RIN 1625-AA08


Special Local Regulation; Boat Parade; 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 (SLR) on the waters of San Diego Bay, California to provide 
for the safety of the participants, crew, spectators, sponsor vessels, 
and general users of the waterway during a boat parade. This SLR 
temporarily encompasses all navigable waters, from surface to bottom, 
on a pre-determined course in the northern portion of the San Diego 
Main Ship Channel from Shelter Island Basin, past the Embarcadero, 
crossing the federal navigable channel and ending off of Coronado 
Island. This SLR also establishes a designated section of the 
commercial anchorage area as a First Amendment area to be used at the 
discretion of the Captain of the Port, or his designated 
representative, as a spectator area.

DATES: This rule is effective from noon through 3:30 p.m. on November 
1, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0611 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 John Santorum, Waterways Management, U.S. 
Coast Guard Sector San Diego, CA; 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 it is impracticable due to the short 
time between the Coast Guard becoming aware of the event on September 
22, 2020, and the scheduled event occurring on November 1, 2020. The 
marine event sponsor of this boat parade is expecting to draw a high 
concentration of vessels to the San Diego Bay area along the proposed 
parade route. Traditionally, the San Diego Bay area serves as a major 
thoroughfare for commercial traffic, naval operations, ferry routes, 
and a number of other recreational uses. The Coast Guard is 
establishing this SLR to minimize impacts on this congested waterway. 
We must establish this SLR by November 1, 2020 to ensure the safety of 
individuals, property, and the marine environment and we do not have 
sufficient time to request and respond to comments.
    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. Delaying the effective date of 
this rule would be contrary to public interest because prompt action is 
needed to respond to the potential safety hazards associated with the 
location, size and complexity of the boat parade that is planned to 
take place on November 1, 2020.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port (COTP) Sector San Diego has determined 
that potential hazards associated with the proposed parade will be a 
safety concern for anyone within the vicinity of the parade route. This 
rule is needed to protect personnel, vessels, spectators, and the 
marine environment in the navigable waters of the San Diego Bay in the 
vicinity of the marine event during the enforcement period of this 
rule.

IV. Discussion of the Rule

    This rule establishes an SLR from noon until 3:30 p.m. on November 
1, 2020. The SLR will cover all navigable waters on a pre-determined 
course in the northern portion of the San Diego Main Ship Channel from 
Shelter Island Basin, past the Embarcadero, crossing the federal 
navigable channel and ending off of Coronado Island. This SLR will also 
temporarily establish a 200-yard radius within the commercial anchorage 
as a First Amendment area to be used as authorized by the Captain of 
the Port, or his designated representative. The First Amendment area 
will encompass all navigable waters, from surface to bottom, within 200 
yards of 32[deg]43'11.0'' N, 117[deg]10'59.8'' W, within the commercial 
vessel anchorage.

[[Page 68251]]

    The duration of the SLR is intended to protect personnel, vessels, 
spectators, and the marine environment in these navigable waters 
before, during, and after the event is scheduled to occur. During the 
enforcement period, persons and vessels are prohibited from anchoring, 
blocking, loitering, or impeding within this regulated area unless 
authorized by the Captain of the Port, or his designated 
representative.

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 the size, 
location, duration, and time-of-day of the SLR. The Coast Guard will 
publish a Local Notice to Mariners and will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 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 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.
    While some owners or operators of vessels intending to transit the 
SLR may be small entities, for the reasons stated in section V.A above, 
this rule will not have a significant economic impact on any vessel 
owner or operator.
    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 
call or email 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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 an 
SLR lasting less than four hours that will monitor entry to the SLR 
area for the duration of the enforcement period to cover before, during 
and after the parade has concluded. It is categorically excluded from 
further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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. All non-participant vessels or 
persons engaged in protest activity will be directed to the commercial 
vessel anchorage if they wish to remain in the regulated area.

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: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T11-039 to read as follows:

[[Page 68252]]

Sec.  100.T11-039  Boat Parade, San Diego, CA

    (a) Regulated areas. The regulations in this section apply to the 
following areas:
    (1) Parade Area: All navigable waters, from surface to bottom, on a 
pre-determined course in the northern portion of the San Diego Main 
Ship Channel from Shelter Island Basin, past the Embarcadero, crossing 
the federal navigable channel and ending off of Coronado Island.
    (2) First Amendment Area: All navigable waters, from surface to 
bottom, within 200 yards of 32[deg]43'11.0'' N, 117[deg]10'59.8'' W, 
within the commercial vessel anchorage.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Sector San Diego 
(COTP) in the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event 
sponsor as a participants in the parade.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the Captain of the Port Sector San Diego or their 
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by calling the Sector San Diego JHOC at 619-278-7033. 
Those in the regulated area, including participants, must comply with 
all lawful orders or directions given to them by the COTP or the 
designated representative.
    (3) All non-participants, including those engaged in protest 
activity, may be directed by a designated representative to the First 
Amendment Area described in section (a)(2) of this section, where they 
must remain during the effective period unless otherwise authorized or 
directed.
    (4) The COTP will provide notice of the regulated areas through 
advanced notice via Broadcast Notice to Mariners and by on-scene 
designated representatives.
    (d) Enforcement period. This section will be enforced from noon 
through 3:30 p.m. on Sunday, November 1, 2020.

    Dated: October 8, 2020.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2020-23181 Filed 10-27-20; 8:45 am]
BILLING CODE 9110-04-P