[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Rules and Regulations]
[Pages 73756-73758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23865]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0818]
RIN 1625-AA00


Safety Zone; Vessel Launch, San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters in the vicinity of General Dynamics NASSCO shipyard in 
San Diego Bay, San Diego, CA, during the launch of the USNS Robert 
Kennedy. The safety zone is needed to protect personnel, vessels, and 
the marine environment from potential hazards associated with the 
launching and subsequent berthing of the USNS Robert Kennedy. 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 7:30 a.m. on October 28, 2023, 
through 10:30 a.m. on October 28, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0818 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 about this rule, 
call or email Lieutenant Junior Grade Shelley Turner, 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 it is impracticable. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by October 28, 2023, to ensure the safety of response personnel 
and mariners associated with the launching of the USNS Robert Kennedy.
    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 the public interest because this rule is 
needed to protect mariners, commercial and recreational waterway users, 
and the USNS Robert Kennedy from dangers associated with the launching 
and berthing of the USNS Robert Kennedy on October 28, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector San Diego (COTP) has determined 
that potential hazards associated with launching of the USNS Robert 
Kennedy on October 28, 2023, will be a safety concern for anyone in the 
vicinity of the General Dynamics NASSCO shipyard, San Diego Bay, San 
Diego, CA. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone while 
the USNS Robert Kennedy is being launched.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7:30 a.m. until 10:30 a.m. 
on October 28, 2023. The safety zone will be in the vicinity of General 
Dynamics NASSCO shipyard in San Diego Bay, San Diego, CA. The safety 
zone will cover all navigable waters, from surface to sea bottom, of 
the San Diego Bay, CA, created by connecting the following points: 
beginning at 32[deg]41.39' N, 117[deg]08.66' W (Point A); thence 
running southwesterly to 32[deg]41.24' N, 117[deg]09.05' W (Point B); 
thence running southeasterly to 32[deg]41.05' N, 117[deg]08.73' W 
(Point C); thence running northeasterly to 32[deg]41.20' N, 
117[deg]08.34' W (Point D); thence running northwesterly to the 
beginning point. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the USNS Robert Kennedy is being launched. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.
    To seek permission to enter, hail Coast Guard Sector San Diego on 
VHF-FM Channel 16 or call the 24-hour Command Center at (619) 278-7000. 
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. A designated representative means a Coast Guard 
coxswain or petty officer designated by or assisting the Captain of the 
Port Sector San Diego (COTP) in the enforcement of the safety zone.
    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 for the enforcement times and dates for the safety zone.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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 limited duration of the safety zone. This safety zone 
impacts a small, designated area of the San Diego Bay for a very

[[Page 73757]]

limited period during the weekend when vessel traffic is normally low. 
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the zone, and the rule would allow 
vessels to seek permission to enter the zone.

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.
    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 
safety zone lasting three hours that will prohibit entry within certain 
navigable waters of San Diego Bay, San Diego, CA in the vicinity of the 
General Dynamics NASSCO shipyard. It is categorically excluded from 
further review under paragraph L60(a) 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 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T11-136 to read as follows:


Sec.  165.T11-136  Safety Zone; Vessel Launch, San Diego Bay, San 
Diego, CA.

    (a) Location. The following area is a safety zone: All waters of 
San Diego Bay, from surface to bottom, encompassed by a line connecting 
the following points beginning at 32[deg]41.39' N, 117[deg]08.66' W 
(Point A); thence running southwesterly to 32[deg]41.24' N, 
117[deg]09.05' W (Point B); thence running southeasterly to 
32[deg]41.05' N, 117[deg]08.73' W (Point C); thence running 
northeasterly to 32[deg]41.20' N, 117[deg]08.34' W (Point D); thence 
running northwesterly to the beginning point.
    (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 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

[[Page 73758]]

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) 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: October 24, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2023-23865 Filed 10-26-23; 8:45 am]
BILLING CODE 9110-04-P