[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59855-59857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23616]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0804]
RIN 1625-AA08


Special Local Regulation; San Diego Bay, San Diego, 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 (SLR) in the navigable waters of San Diego Bay, California 
during the Baja Ha-Ha XXVII Pre-Rally Parade marine event. This 
regulation is necessary to provide for the safety of the participants, 
crew, spectators, sponsor vessels of the parade, and general users of 
the waterway during the event, which will be held on November 1, 2021. 
This special local regulation will temporarily 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 8:30 a.m. to 11:30 a.m. on November 
1, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0804 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 November 1, 2021. The event sponsor did not notify the 
Coast Guard of the official date of the event until September 12, 2021. 
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 of San 
Diego Bay 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 action is needed 
to ensure the safety of life on the navigable waters of San Diego Bay 
during the marine event on November 1, 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 the large number of vessels associated 
with the Baja Ha-Ha XXVII Pre-Rally Parade marine event on November 1, 
2021, poses a potential safety concern in the regulated area. This rule 
is needed to protect persons, vessels, and the marine environment in 
the navigable waters of San Diego Bay during the marine event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 8:30 a.m. to 
11:30 a.m. on November 1, 2021. This special local regulation will 
cover all navigable waters, from surface to bottom, on a pre-determined 
course within San Diego Bay, California, beginning at the starting 
point of the event in South San Diego Bay, proceeding northwest to 
Harbor Island, then southwest to Shelter Island, and finishing at the 
starting point of the rally outside of the San Diego Bay channel 
entrance. The duration of the temporary special local regulation is 
intended to ensure the safety of vessels, personnel, and the marine 
environment in these navigable waters during the scheduled marine 
event. No vessel or person will be permitted to enter the regulated 
area without obtaining permission from the COTP or a designated 
representative. The regulatory text provides information on how to 
contact the COTP or a designated representative for permission to 
transit the area. When in the regulated area, persons must comply with 
all lawful orders or directions given to them by the COTP or designated 
representative. Additionally, the COTP will provide notice of the 
regulated area through advanced notice via broadcast notice to mariners 
or by on-scene designated representatives.

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 in San Diego Bay will be of very 
limited duration, during morning hours when vessel traffic is 
historically low and is necessary for safety of life of participants in 
the marine event. Moreover, the Coast Guard will issue a Local Notice 
to Mariners and a Safety Marine Information Broadcast over Channel 22A 
about 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

[[Page 59856]]

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 
regulated area 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 certain 
areas within San Diego Bay, from 8:30 a.m. until 11:30 a.m. on November 
1, 2021. 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.T11-081 to read as follows:


Sec.  100.T11-081  Baja Ha-Ha XXVII Pre-Rally Parade, San Diego, 
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 within San Diego Bay, California, beginning at the 
starting point of the event in South San Diego Bay, proceeding 
northwest to Harbor Island, then southwest to Shelter Island, and 
finishing at the starting point of the rally outside of the San Diego 
Bay channel entrance.
    (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 boat 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 San Diego or their designated 
representative.
    (2) To seek permission to enter, contact the the COTP or a 
designated representative. They may be contacted on VHF-FM Channel 21A 
or by telephone at 619-278-7033. Those in the regulated area must 
comply with all lawful orders or directions given to them by the COTP 
or designated representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via broadcast notice to mariners or by on-scene 
designated representatives.
    (d) Enforcement period. This section will be enforced from 8:30 
a.m. until 11:30 a.m., on November 1, 2021.


[[Page 59857]]


    Dated: October 25, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-23616 Filed 10-28-21; 8:45 am]
BILLING CODE 9110-04-P