[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49234-49236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18955]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0426]
RIN 1625-AA00


Special Local Regulation; Swim for Special Operations Forces; San 
Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its special local regulations for 
recurring marine parades, regattas, and other events in Southern 
California Annual Marine Events for the San Diego Captain of the Port 
Zone. This final rule will add one new recurring special local 
regulation. This action is necessary to provide for the safety of life 
on the navigable waters during the event. This final rule will restrict 
vessel traffic in the designated areas during the events unless 
authorized by the Captain of the Port San Diego or a designated 
representative.

DATES: This rule is effective September 2, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0426 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander John Santorum, Waterways Management, 
U.S. 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

    On April 8, 2021, The Honor Foundation notified the Coast Guard 
that it will be hosting the Honor Foundation Swim for Special 
Operations Forces annually on a Saturday during the month of September. 
The regulated area would cover all navigable waters of the San Diego 
Bay, beginning at Glorietta Bay, continuing to Tidelands Park before 
proceeding north along the Coronado shoreline, crossing the federal 
navigable channel at Bayview Park, and finishing at the USS MIDWAY 
Museum.
    In response, on July 2, 2021 the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Special Local Regulations; Swim for 
Special Operations Forces; San Diego Bay, San Diego, CA (86 FR 35240). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this annual marine event. During 
the comment period that ended August 2, 2021 we received one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041 (previously 33 U.S.C. 1231). The Captain of the Port San Diego 
(COTP) has determined that potential hazards associated with the Honor 
Foundation Swim for Special Operations Forces annually on a Saturday 
during the month of September will present a safety of life concern on 
navigatable waters. The purpose of this rule is to ensure safety of 
life on the navigable waters in the safety zone before, during, and 
after the scheduled event. For the reasons stated above, we are issuing 
this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that 
good cause exists for making it effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because enforcement 
of this safety zone is necessary to protect swimmers and vessels from 
the dangers associated with the swim race events planned for a Saturday 
in September 2021.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on the NPRM published July 
2, 2021. The commentor proposed a method for intercepting and 
impounding vessels entering the safety zone. The Coast Guard was not 
proposing to spcecify how on scene representatives must handle 
situations where vessels enter the safety zone in this rulemaking. The 
purpose of this rulemaking is to establish the reoccurring annual 
safety zone and its location. The Coast Guard has existing regulations 
and policies that cover enforcement and this rulemaking does not intend 
to deviate from those practices. Accordingly, no changes to the 
regulatory text were made in response to this comment.

[[Page 49235]]

    There is one nonsubstantive change in the regulatory text from the 
proposed rule to remove a typographical error, ``SS'', in the event 
type.
    This rule establishes a safety zone annually on a Saturday in 
September. The safety zone will cover all waters of San Diego Bay, from 
surface to bottom, beginning at Glorietta Bay, continuing to Tidelands 
Park, proceeding north along the Coronado shoreline, crossing the 
federal navigable channel at Bayview Park, and finishing at the USS 
MIDWAY Museum. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a 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. 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).
    This regulatory action determination is based on the size, 
location, and duration of the special local regulation. Vessel traffic 
would be able to safely transit around this special local regulation, 
which would impact a small-designated area of the San Diego Bay. 
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the areas, and the rule would allow 
vessels to seek permission to enter the areas.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 
safety 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.

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 a 
regulated area that would prohibit persons and vessels from transiting 
the regulated area during the swim event. 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. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

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 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:

[[Page 49236]]

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. In Sec.  100.1101, amend table 1 to Sec.  100.1101, by adding an 
entry for ``16. Swim for Special Operations Forces; San Diego Bay, San 
Diego, CA'' 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.   100.1101
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  16. Swim for Special Operations Forces; San Diego Bay, San Diego, CA
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Sponsor...........................  The Honor Foundation.
Event Description.................  Swim race.
Date..............................  Saturday in September.
Location..........................  San Diego Bay, CA.
Regulated Area....................  All waters of San Diego Bay, from
                                     surface to bottom, beginning at
                                     Glorietta Bay, continuing to
                                     Tidelands Park, proceeding north
                                     along the Coronado shoreline,
                                     crossing the federal navigable
                                     channel at Bayview Park, and
                                     finishing at the USS MIDWAY Museum.
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    Dated: August 27, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-18955 Filed 9-1-21; 8:45 am]
BILLING CODE 9110-04-P