Safety Zone; San Diego Bay, San Diego, CA
| Citation | 86 FR 19784 |
| Record Number | 2021-07753 |
| Published date | 15 April 2021 |
| Section | Rules and Regulations |
| Court | Coast Guard |
19784
Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Rules and Regulations
3. Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
4. Federalism (E.O. 13132)
Under the criteria in section 1 of E.O.
13132, this rule does not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement. To the extent State
and local governments have a role in
outer continental shelf activities, this
rule will not affect that role. Therefore,
a federalism summary impact statement
is not required.
5. Consultation and Coordination With
Indian Tribal Governments (E.O. 13175)
The Department of the Interior and
BOEM strive to strengthen their
government-to-government
relationships with Indian tribes through
a commitment to consultation with
Indian tribes and recognition of their
right to self-governance and tribal
sovereignty. BOEM has evaluated this
rule under the Department of the
Interior’s consultation policy, under
Departmental Manual part 512 chapters
4 and 5, and under the criteria in E.O.
13175 and determined that this rule has
no substantial direct effects on
Federally-recognized Indian tribes or
Alaska Native Claims Settlement Act
(ANCSA) Corporations, and that
consultation under the Department of
the Interior’s and BOEM’s tribal and
ANCSA consultation policies is not
required.
6. Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (E.O. 13211)
This rule is not a significant energy
action under the definition in E.O.
13211. Therefore, a statement of energy
effects is not required.
List of Subjects
30 CFR Part 550
Administrative practice and
procedure, Continental shelf,
Environmental impact statements,
Environmental protection, Federal
lands, Government contracts,
Investigations, Mineral resources, Oil
and gas exploration, Outer continental
shelf, Penalties, Pipelines, Reporting
and recordkeeping requirements, Rights-
of-way, Sulfur.
30 CFR Part 553
Administrative practice and
procedure, Continental shelf, Financial
responsibility, Liability, Limit of
liability, Oil and gas exploration, Oil
pollution, Outer continental shelf,
Penalties, Pipelines, Reporting and
recordkeeping requirements, Rights-of-
way, Surety bonds, Treasury securities.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
The action taken herein is pursuant to
an existing delegation of authority.
For the reasons stated in the
preamble, BOEM amends 30 CFR parts
550 and 553 as follows:
PART 550—OIL AND GAS AND
SULPHUR OPERATIONS IN THE
OUTER CONTINENTAL SHELF
■1. The authority citation for part 550
continues to read as follows:
Authority: 30 U.S.C. 1751; 31 U.S.C. 9701;
43 U.S.C. 1334.
■2. Revise § 550.1403 to read as
follows:
§ 550.1403 What is the maximum civil
penalty?
The maximum civil penalty is
$46,000 per day per violation.
PART 553—OIL SPILL FINANCIAL
RESPONSIBILITY FOR OFFSHORE
FACILITIES
■3. The authority citation for part 553
continues to read as follows:
Authority: 33 U.S.C. 2704, 2716; E.O.
12777, as amended.
■4. In § 553.51, revise paragraph (a) to
read as follows:
§ 553.51 What are the penalties for not
complying with this part?
(a) If you fail to comply with the
financial responsibility requirements of
OPA at 33 U.S.C. 2716 or with the
requirements of this part, then you may
be liable for a civil penalty of up to
$48,762 per COF per day of violation
(that is, each day a COF is operated
without acceptable evidence of OSFR).
* * * * *
[FR Doc. 2021–07722 Filed 4–14–21; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0195]
RIN 1625–AA00
Safety Zone; San Diego Bay, San
Diego, CA
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary safety zone for
all navigable waters within a 100-yard
radius of the USS BONHOMME
RICHARD while being towed through
San Diego Bay, San Diego, CA. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
associated with the dead ship tow of the
USS BONHOMME RICHARD as it is
transiting from Pier 2 Naval Base San
Diego to the San Diego Bay Channel
Entrance. 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 a.m.
until 7:30 p.m. on April 15, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0195 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 John Santorum,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
619–278–7656, email MarineEventsSD@
uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
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Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Rules and Regulations
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 safety zone is
required to protect the maritime public
and the surrounding waterways from
hazards associated with the dead ship
tow of the USS BONHOMME RICHARD.
It is impracticable to publish an NPRM
because the Coast Guard must establish
this safety zone by April 15, 2021. 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 marine
environment from dangers associated
with the dead ship tow of the USS
BONHOMME RICHARD on April 15,
2021.
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 the dead ship tow of the
USS BONHOMME RICHARD on April
15, 2021, will be a safety concern for
anyone in the vicinity of the USS
BONHOMME RICHARD and tugs. Fuel
on the USS BONHOMME RICHARD
will remain on board during the transit.
Due to the increased public awareness
associated with the USS BONHOMME
RICHARD, a potential for media
presence and an increase of recreational
vessel traffic presents a significant
hazard to the operation. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the USS BONHOMME RICHARD
is being towed from Pier 2 Naval Base
San Diego to the San Diego Bay Channel
Entrance.
IV. Discussion of the Rule
This rule establishes a safety zone
from 6 a.m. until 7:30 p.m. on April 15,
2021. The safety zone will cover all
navigable waters within a 100-yard
radius of the USS BONHOMME
RICHARD while being towed through
San Diego Bay, San Diego, CA. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the USS BONHOMME
RICHARD is being dead ship towed
from Pier 2 Naval Base San Diego to the
San Diego Bay Channel Entrance. 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.
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, and
limited duration of the safety zone. This
safety zone impacts a small area of the
San Diego Bay for a limited period as
the USS BONHOMME RICHARD
transits the bay and on a day when
vessel traffic is normally low.
Furthermore, vessel traffic can safely
transit around the safety 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
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Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Rules and Regulations
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
moving safety zone that will prohibit
entry within a 100-yard radius of the
USS BONHOMME RICHARD while
being towed from Pier 2 Naval Base San
Diego to the San Diego Bay Channel
Entrance. 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
■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.
■2. Add § 165.T11–053 to read as
follows:
§ 165.T11–053 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 within a
100-yard radius of the USS
BONHOMME RICHARD while
transiting from Pier 2 Naval Base San
Diego to 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 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 a.m. to 7:30 p.m.
on April 15, 2021.
Dated: April 1, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
[FR Doc. 2021–07753 Filed 4–14–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
43 CFR Part 51
[Docket No. DOI–2020–0001; 201D0102DM,
DS6CS00000, DLSN00000.000000,
DX6CS25]
RIN 1093–AA27
Procedures for Issuing Guidance
Documents
AGENCY
: Office of the Secretary, Interior.
ACTION
: Final rule; rescission of
regulations.
SUMMARY
: On October 26, 2020, the
Department of the Interior (Department)
published an interim final rule
implementing an Executive order (E.O.),
entitled ‘‘Promoting the Rule of Law
Through Improved Agency Guidance
Documents.’’ The E.O. defined guidance
documents and required Federal
agencies to finalize regulations or
amend existing regulations to establish
processes and procedures for issuing
guidance documents, among other
actions. In accordance with the E.O.
entitled, ‘‘Revocation of Certain
Executive Orders Concerning Federal
Regulation’’ issued by President Biden
on January 20, 2021, this final rule
rescinds the Department’s interim final
rule.
DATES
: This rule is effective April 15,
2021.
FOR FURTHER INFORMATION CONTACT
:
Bivan Patnaik, Deputy Director of
Regulatory Affairs, Office of the
Executive Secretariat and Regulatory
Affairs, by phone at 202–208–3181 or
via the Federal Relay Service at 800–
877–8339, or via email account
guidance_document@ios.doi.gov.
SUPPLEMENTARY INFORMATION
:
I. Discussion
On October 26, 2020, the Department
of the Interior published an interim final
rule on guidance (85 FR 67666)
implementing E.O. 13891, ‘‘Promoting
the Rule of Law Through Improved
Agency Guidance Documents,’’ signed
by President Trump on October 9, 2019.
As required by the E.O., the rule
contained the Department’s procedural
requirements governing the
development, review, and clearance of
guidance documents; the processes for
the public to petition for withdrawal or
modification of a particular guidance
document, including designating the
officials to whom petitions should be
directed; and the procedures for review
and approval of significant guidance
documents.
On January 20, 2021, President Biden
issued E.O. 13992, ‘‘Revocation of
Certain Executive Orders Concerning
Federal Regulation,’’ which, among
other actions, revoked E.O. 13891 and
directed agencies to promptly take steps
to rescind any rules implementing or
enforcing the executive orders. The
January 20, 2021, E.O. states that it is
the policy of the Administration ‘‘to use
available tools to confront the urgent
challenges facing the Nation, including
the coronavirus disease 2019 (COVID–
19) pandemic, economic recovery, racial
justice, and climate change. To tackle
these challenges effectively, executive
departments and agencies (agencies)
must be equipped with the flexibility to
use robust regulatory action to address
national priorities. This E.O. revokes
harmful policies and directives that
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