[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Rules and Regulations]
[Pages 36492-36494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12089]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0252]
RIN 1625-AA00
Safety Zone; 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
the navigable waters in the vicinity of the General Dynamics NASSCO
shipyard in San Diego Bay, San Diego, CA, during the launch of the M/V
Matsonia. 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 M/V Matsonia. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port San Diego.
DATES: This rule is effective from 6 p.m. through 9 p.m. on July 2,
2020.
[[Page 36493]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0252 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 on this rule,
call or email Lieutenant Briana Biagas, 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
M/V Motor Vessel
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. This urgent
safety zone is required to protect the maritime public and the
surrounding waterways from hazards associated with the launching of the
M/V Matsonia. It is impracticable to publish an NPRM because the Coast
Guard must establish this safety zone by July 2, 2020. The Coast Guard
lacks sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
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 impracticable because this rule is needed to protect
mariners, commercial and recreational waterway users, and the M/V
Mastonia from dangers associated with the launching and berthing of the
M/V Matsonia on July 2, 2020.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San Diego
(COTP) has determined that potential hazards associated with launching
of the M/V Matsonia on July 2, 2020, will be a safety concern for
anyone in the vicinity of the General Dynamics NASSCO shipyard. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the M/
V Matsonia is being launched and towed to a nearby berth.
IV. Discussion of the Rule
This rule establishes a safety zone from 6 p.m. until 9 p.m. on
July 2, 2020. The safety zone will cover all navigable waters of the
San Diego Bay created by connecting the following points: Beginning at
32[deg]41'23.4'' N, 117[deg]8'39.6'' W (Point A); thence running
northwesterly to 32[deg]41'14.4'' N, 117[deg]9'3'' W (Point B); thence
running southeasterly to 32[deg]41'3'' N, 117[deg]8'43.8'' W (Point C);
thence running east to 32[deg]41'12'' N, 117[deg]8'20.4'' W (Point D);
thence running north 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 M/V Matsonia is being launched,
then towed to berth. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
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 limited period
during the evening 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.
[[Page 36494]]
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 only three hours that will prohibit entry within
certain navigable waters of San Diego Bay 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T11-024 to read as follows:
Sec. 165.T11-024 Safety Zone; 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]41'23.4'' N, 117[deg]8'39.6''
W (Point A); thence running northwesterly to 32[deg]41'14.4'' N,
117[deg]9'3'' W (Point B); thence running southeasterly to
32[deg]41'3'' N, 117[deg]8'43.8'' W (Point C); thence running east to
32[deg]41'12'' N, 117[deg]8'20.4'' W (NAD 83) (Point D); thence running
north 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 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 6 p.m.
through 9 p.m. on July 2, 2020.
Dated: May 29, 2020.
T. J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2020-12089 Filed 6-16-20; 8:45 am]
BILLING CODE 9110-04-P