[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Proposed Rules]
[Pages 53700-53702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18907]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0698]
RIN 1625-AA08


Special Local Regulation; San Diego Fleet Week Veterans Day Boat 
Parade; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend 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 proposed rule would add one new recurring special 
local regulation for the San Diego Fleet Week Veterans Day Boat Parade. 
This action is necessary to provide for the safety of life on the 
navigable waters during the annual event. This proposed rulemaking 
would restrict vessel traffic in the designated areas during the event 
unless authorized by the Captain of the Port San Diego or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 3, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0698 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Junior Grade Shera Kim, 
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, Purpose, and Legal Basis

    The Coast Guard is proposing to amend 33 CFR 100.1101 by adding a 
new reoccurring marine event to Table 1 of Section Sec.  100.1101 for a 
boat parade in San Diego Bay, CA.
    The San Diego Fleet Week Foundation notified the Coast Guard that 
it will be hosting the San Diego Fleet Week Veterans Day Boat Parade 
annually on a single day during the month of November. The regulated 
area would cover all navigable waters of San Diego Bay, beginning at 
Shelter Island, proceeding northeast to Harbor Island, proceeding 
southeast along the shoreline to Tenth Avenue Marine Terminal, crossing 
the Federal navigable channel prior to the Coronado Bridge, then 
northwest along the shoreline of Coronado Island to the Coronado Ferry 
Landing.
    The proposed annually reoccurring special local regulation is 
necessary to provide for the safety of life on navigable waters during 
the event. Based on the nature of this marine event, the large number 
of participants, and event location, the COTP has determined that the 
event listed in this proposed rule could pose a risk to participants or 
waterways users if the normal vessel traffic were to interfere with the 
event. Possible hazards include risks of injury or death from near or 
actual contact among participants and mariners traversing through the 
regulated area. In order to protect the safety of all waterway users, 
including event participants and spectators, this proposed rule would 
establish a special local regulation for the time and location of the 
marine event. Vessels would not be permitted to enter the regulated 
areas unless authorized by the COTP or a designated representative. The 
Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 
70041.

III. Discussion of Proposed Rule

    The Coast Guard proposes to add one new recurring special local 
regulation in Table 1 to Sec.  100.1101 for the San Diego Fleet Week 
Veterans Day Boat Parade. The event and special local regulation would 
occur on one day in November. The duration of the regulated area is 
intended to ensure the safety of the public during the parade. Non-
participant vessels are not permitted to enter, transit through, anchor 
in, or remain within the regulated area without obtaining permission 
from the Captain of the Port San Diego or a designated representative. 
Annually before the event, the Coast Guard would

[[Page 53701]]

publish a notice of enforcement in the Federal Register identifying the 
exact date and times the special local regulation would be enforced. 
The Coast Guard will also provide notice of the regulated area by 
Broadcast Notice to Mariners and on-scene designated representatives. 
The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
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 rulemaking 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
special local regulation may be small entities, for the reasons stated 
in section IV.A above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rulemaking would economically affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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 proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a 
regulated area that would prohibit persons and vessels from transiting 
the regulated area during the parade. Normally such actions are 
categorically excluded from further review under paragraph L[61] of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.

[[Page 53702]]

    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0698 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Security measures, Reporting and 
recordkeeping requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 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. In Sec.  100.1101, amend Table 1 to Sec.  100.1101 by adding an 
entry for ``17. San Diego Fleet Week Veterans Day Boat Parade'' 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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            17. San Diego Fleet Week Veterans Day Boat Parade
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Sponsor...........................  San Diego Fleet Week Foundation.
Event Description.................  SS Boat parade.
Date..............................  One weekend in November.
Location..........................  San Diego Bay, CA.
Regulated Area....................  All waters of San Diego Bay, from
                                     surface to bottom, beginning at
                                     Shelter Island, proceeding
                                     northeast to Harbor Island,
                                     proceeding southeast along the
                                     shoreline to Tenth Avenue Marine
                                     Terminal, crossing the Federal
                                     navigable channel prior to the
                                     Coronado Bridge, then northwest
                                     along the shoreline of Coronado
                                     Island to the Coronado Ferry
                                     Landing.
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    Dated: August 25, 2022.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2022-18907 Filed 8-31-22; 8:45 am]
BILLING CODE 9110-04-P