[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Rules and Regulations]
[Pages 68053-68054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24664]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0731]
RIN 1625-AA00


Safety Zone; Mission Bay Closure, 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 safety zone for 
certain waters of Mission Bay near San Diego, California. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the California Department 
of Fish and Wildlife (CDFW) Oil Spill Prevention and Response (OSPR) 
Sensitive Site Strategy Evaluation Program (SSSEP) boom deployment 
exercise. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Sector San 
Diego.

DATES: This rule is effective from 9 a.m. to noon on November 15, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0731 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 about this 
rulemaking, call or email LTJG Shera Kim, Waterways Management, U.S. 
Coast Guard Sector San Diego, 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

    On November 15, 2022, the Coast guard will be working in 
conjunction with the California Department of Fish and Wildlife and 
local Oil Spill Response Organization ito conduct boom deployment 
exercises from 9 a.m. to noon. Contractors will bring up to 12000-feet 
of floating oil boom aboard a workboat and deploy Area Contingency Plan 
(ACP)-6 Geographic Response Strategies (GRS). The Captain of the Port 
Sector San Diego (COTP) has determined that potential hazards 
associated with the boom deployment exercise would be a safety concern 
for anyone within a 100-yard radius of the boom. The COTP is 
establishing a safety zone from 9 a.m. to noon on November 15, 2022.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 100-yard radius of the boom before, 
during, and after the scheduled event. The Coast Guard has rulemaking 
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety 
Zone; Mission Bay Closure, San Diego, CA'' at 87 FR 55974 (September 
13, 2022). There we stated why we issued the NPRM, and invited comments 
on our proposed regulatory action related to this safety zone. During 
the comment period that ended October 13, 2022, we received zero 
comments.
    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 respond to the potential safety hazards associated with 
the pipeline repair operations for the damaged pipeline.

III. Discussion of Rule

    The COTP is establishing a safety zone from 9 a.m. until noon on 
November 15, 2022. The safety zone covers all navigable waters within 
100 yards of a boom in Mission Bay located across the entrance channel 
from the shoreline north of Mariners Cove inlet to a point south of 
Mission Bay Drive bridge on the Quivira Basin shoreline. The duration 
of the zone is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the scheduled 9 a.m. until 
noon boom deployment exercise. No vessel or person would be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative. A designated representative means a a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel designated by or assisting the Captain of the Port Sector 
San Diego (COTP) in the enforcement of the safety zone.
    To seek permission to enter, contact the COTP or the COTP's 
representative by VHF Channel 16. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    The COTP or a designated representative will inform the public 
through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners 
(LNMs), and/or Marine Safety Information Bulletins (MSIBs) as 
appropriate of the enforcement times and dates for the safety zone.

IV. 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, the rule 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on safety zone being 
of a limited three hour duration, limited to a relatively small 
geographic area, and the presence of safety hazards in the area 
encompassing the Mission Bay Entrance.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended,

[[Page 68054]]

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.

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. This rule will not result in such 
an expenditure.

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 made a 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 
rule involves a safety zone lasting 3 hours that prohibits entry within 
100 yards of the boom. Normally, such actions are categorically 
excluded from further review under paragraph L60 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 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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T11-0114 to read as follows:


Sec.  165.T11-0114   Safety Zone; Mission Bay, San Diego, CA.

    (a) Location. The following area is a safety zone: Mission Bay 
located across the entrance channel from the shoreline north of 
Mariners Cove inlet to a point south of Mission Bay Drive bridge on the 
Quivira Basin shoreline.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard coxswain, petty officer, or other officer operating 
a Coast Guard vessel designated by or assisting the Captain of the Port 
Sector San Diego (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF Channel 16. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 9 a.m. 
until noon on November 15, 2022.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs) as appropriate of the enforcement times and dates for 
the safety zone.

    Dated: November 4, 2022.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2022-24664 Filed 11-10-22; 8:45 am]
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