[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Rules and Regulations]
[Pages 58797-58798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23171]
[[Page 58797]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0749]
RIN 1625-AA08
Special Local Regulation; Oceanside Harbor, Oceanside, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the waters offshore Oceanside and within Oceanside
Harbor, California, during the Ironman 70.3 Oceanside marine event.
This action is necessary to provide for the safety of the participants,
crew, spectators, sponsor vessels of the triathlon, and general users
of the waterway. This rule would prohibit persons and vessels from
entering into, transiting through, anchoring, blocking, or loitering
within the event area unless authorized by the Captain of the Port San
Diego or a designated representative.
DATES: This rule is effective from 5:30 a.m. to 10:30 a.m., on October
30, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0749 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 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 we must establish this special local
regulation by October 30, 2021. The Coast Guard was given short notice
from the event sponsor that the date of the the event would differ from
the existing annual marine event as outlined in 33 CFR 100.1101, Table
1 to Sec. 100.1101, Item No. 2. Therefore, it is impracticable to
publish an NPRM because we lack sufficient time to provide a reasonable
comment period and then consider those comments before issuing the
rule. This regulation is necessary to ensure the safety of life on the
navigable waters offshore Oceanside and within Oceanside Harbor during
the marine event.
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 immediate action
is needed to ensure the safety of life on the navigable waters offshore
Oceanside and within Oceanside Harbor during the marine event on
October 30, 2021.
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. 1236). The Captain of the Port Sector San
Diego (COTP) has determined that a large amount of swimmers offshore
Oceanside and within Oceanside Harbor associated with the Ironman 70.3
Oceanside marine event on October 30, 2021, poses a potential safety
concern. This rule is needed to protect persons, vessels, and the
marine environment in the navigable waters offshore Oceanside and
within Oceanside Harbor while the event is occurring.
IV. Discussion of the Rule
This rule establishes a special local regulation from 5:30 a.m. to
10:30 a.m. on October 30, 2021. This special local regulation will
cover all navigable waters, from surface to bottom, on a pre-determined
course offshore Oceanside and within Oceanside Harbor, California,
beginning at the starting point of the event at Oceanside Harbor Beach,
proceeding southwest to the first turn marker, continuing northwest
past the jetty, proceeding northeast through the harbor channel, then
southeast into Oceanside Harbor before concluding at the finish line
within Oceanside Harbor. The duration of the temporary special local
regulation is intended to ensure the safety of vessels, event
participants, and these navigable waters during the scheduled marine
event. No vessel or person would be permitted to enter the regulated
area without obtaining permission from the COTP or a designated
representative. The regulatory text appears at the end of this
document.
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, duration, and time-of-day of the regulated area. The affected
portion of the navigable waterway offshore Oceanside and in Oceanside
Harbor will be of very limited duration, during morning hours when
vessel traffic is historically low and is necessary for safety of life
to participants in the event. Moreover, the Coast Guard would make a
post in the Local Notice to Mariners with details on the regulated
area, as well as, issue a Safety Marine Information Broadcast over
Channel 22A.
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.
[[Page 58798]]
While some owners or operators of vessels intending to transit the
special local regulation 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
temporary special local regulation that will limit access to Oceanside
Harbor and certain areas offshore Oceanside for 5 hours, from 5:30 a.m.
until 10:30 a.m. 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.
List of Subjects in 33 CFR Part 100
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 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.T11-0076 to read as follows:
Sec. 100.T11-0076 Ironman 70.3 Oceanside, Oceanside, California.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters, from surface to bottom, on a pre-
determined course offshore Oceanside and within Oceanside Harbor,
beginning at the starting point of the event at Oceanside Harbor Beach,
proceeding southwest to the first turn marker, continuing northwest
past the jetty, proceeding northeast through the harbor channel, then
southeast into Oceanside Harbor before concluding at the finish line
within Oceanside Harbor.
(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 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 race.
(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 San Diego or their designated
representative.
(2) Vessels requiring entry into this regulated area must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 21A or by telephone at 619-278-7033.
(3) The COTP will provide notice of the regulated area through
advanced notice via Local Notice to Mariners and Safety Marine
Information Broadcasts on Channel 22A.
(d) Enforcement period. This section will be enforced from 5:30
a.m. until 10:30 a.m., on October 30, 2021.
Dated: October 19, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-23171 Filed 10-22-21; 8:45 am]
BILLING CODE 9110-04-P