[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Rules and Regulations]
[Pages 71545-71546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24863]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0655]
RIN 1625-AA87


Security Zone; Fleet Week Demonstration Area, San Diego Bay, San 
Diego, CA

AGENCY: Coast Guard, Homeland Security Department (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 900-foot radius 
security zone on the navigable waters of the U.S. off of Broadway Pier 
in San Diego Bay, San Diego, CA, in support of Fleet Week San Diego on 
November 11, 2020. This action is necessary to provide for the safety 
and security of U.S. Coast Guard surface and aerial assets, crews and 
support personnel who will be performing mission search and rescue 
demonstrations. This rulemaking prohibits persons and vessels from 
entering, transiting, or anchoring in the security zone unless 
authorized by the Captain of the Port San Diego or his designated 
representative.

DATES: This rule is effective from 10 a.m. through 2 p.m. on November 
11, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0655 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. The Coast Guard 
did not receive final details for this event until October 21, 2020. 
The Coast Guard must establish this security zone by November 11, 2020 
and lacks sufficient time to provide a reasonable comment period and 
consider those comments before issuing the rule.
    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 implementation of this 
rulemaking is contrary to public interest and is needed to ensure the 
safety and security of military personnel and assets on November 11, 
2020.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port San Diego 
(COTP) has determined that potential hazards associated with military 
demonstrations on November 11, 2020 will be a security concern for 
military assets in the vicinity of the Broadway pier in San Diego Bay, 
San Diego, CA. This rule is needed to protect military personnel, 
vessels, and the marine environment on the navigable waters within the 
security zone during the San Diego Fleet Week event.

IV. Discussion of the Rule

    This rule establishes a temporary security zone from 10 a.m. until 
2 p.m. on November 11, 2020. The security zone will encompass the 
waters within a 900-foot radius centered at position: 32[deg]42'56'' N, 
117[deg]10'46'' W off the Broadway Pier in the San Diego Bay. The 
purpose of the security zone is to protect the U.S. Coast Guard surface 
and aerial assets, crews, and support personnel who will be performing 
search and rescue demonstrations in San Diego, CA. No vessel or person 
will be permitted to enter the security zone without obtaining 
permission from the COTP 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 security zone. Vessel 
traffic will be able to safely transit around this safety zone which 
will impact a small designated area of the San Diego Bay. The Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule will allow vessels to seek 
permission to enter the zone.

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.

[[Page 71546]]

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 
security zone 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email 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 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 a security zone lasting only 5 days 
that will prohibit entry within a 900-foot feet radius of a designated 
coordinate west of Broadway Pier in San Diego Bay. It is categorically 
excluded from further review under paragraph L60(a) in Table 3-1 of 
U.S. Coast Guard Environmental Planning Implementing Procedures. 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 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.

List of Subjects in 33 CFR Part 165

    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 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T11-042 to read as follows:


Sec. 165.T11-042  Security Zone; San Diego Bay; San Diego, CA.

    (a) Location. The following area is a security zone, including all 
navigable waters of San Diego Bay, from surface to sea floor, within a 
900-foot radius centered at the following coordinate: 32[deg]42'56'' N, 
117[deg]10'46'' W.
    (b) Definition. The term ``designated representative'' means a 
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty 
officer, and other officer operating a Coast Guard vessel, or a 
Federal, State, or local officer designated by or assisting the Captain 
of the Port San Diego in the enforcement of the regulated area.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, all persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
security zone unless authorized by the Captain of the Port Sector San 
Diego (COTP) or his designated representative.
    (2) The security zone is closed to all vessel traffic, except as 
may be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the 
security zone must contact the COTP or the COTP's designated 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the security zone must comply with 
all lawful orders or directions given to them by the COTP or the COTP's 
designated representative. Persons and vessels may request permission 
to enter the security zone on VHF channel 16 or through the 24-hour 
Command Center at telephone (619) 278-7033.
    (d) Enforcement period. This section will be enforced from 10 a.m. 
through 2 p.m. on November 11, 2020.

    Dated: November 3, 2020.
T. J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2020-24863 Filed 11-9-20; 8:45 am]
BILLING CODE 9110-04-P