Security Zone; Fleet Week Demonstration Area, San Diego Bay, San Diego, CA
| Published date | 10 November 2020 |
| Citation | 85 FR 71545 |
| Record Number | 2020-24863 |
| Section | Rules and Regulations |
| Court | Coast Guard,Homeland Security Department |
71545
Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Rules and Regulations
participants, must comply with all
lawful orders or directions given to
them by the COTP or the designated
representative.
(3) The COTP will provide notice of
the regulated areas through advanced
notice via Broadcast Notice to Mariners
and by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from 10 a.m. through
1 p.m. on Wednesday, November 11,
2020.
Dated: November 3, 2020.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2020–24860 Filed 11–9–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0655]
RIN 1625–AA87
Security Zone; Fleet Week
Demonstration Area, San Diego Bay,
San Diego, CA
AGENCY
: Coast Guard, Homeland
Security Department (DHS).
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary 900-foot radius
security zone on the navigable waters of
the U.S. off of Broadway Pier in San
Diego Bay, San Diego, CA, in support of
Fleet Week San Diego on November 11,
2020. This action is necessary to
provide for the safety and security of
U.S. Coast Guard surface and aerial
assets, crews and support personnel
who will be performing mission search
and rescue demonstrations. This
rulemaking prohibits persons and
vessels from entering, transiting, or
anchoring in the security zone unless
authorized by the Captain of the Port
San Diego or his designated
representative.
DATES
: This rule is effective from 10
a.m. through 2 p.m. on November 11,
2020.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0655 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
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. The Coast Guard did not
receive final details for this event until
October 21, 2020. The Coast Guard must
establish this security zone by
November 11, 2020 and lacks sufficient
time to provide a reasonable comment
period and 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 implementation of
this rulemaking is contrary to public
interest and is needed to ensure the
safety and security of military personnel
and assets on November 11, 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 military demonstrations
on November 11, 2020 will be a security
concern for military assets in the
vicinity of the Broadway pier in San
Diego Bay, San Diego, CA. This rule is
needed to protect military personnel,
vessels, and the marine environment on
the navigable waters within the security
zone during the San Diego Fleet Week
event.
IV. Discussion of the Rule
This rule establishes a temporary
security zone from 10 a.m. until 2 p.m.
on November 11, 2020. The security
zone will encompass the waters within
a 900-foot radius centered at position:
32°42′56″ N, 117°10′46″ W off the
Broadway Pier in the San Diego Bay.
The purpose of the security zone is to
protect the U.S. Coast Guard surface and
aerial assets, crews, and support
personnel who will be performing
search and rescue demonstrations in
San Diego, CA. No vessel or person will
be permitted to enter the security zone
without obtaining permission from the
COTP or his 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, duration,
and time-of-day of the security zone.
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
the San Diego Bay. The Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule will 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.
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Rules and Regulations
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 security
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. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the
FOR
FURTHER INFORMATION CONTACT
section
above.
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 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
security zone lasting only 5 days that
will prohibit entry within a 900-foot feet
radius of a designated coordinate west
of Broadway Pier in San Diego Bay. It
is categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under
ADDRESSES
.
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.T11–042 to read as
follows:
§165.T11–042 Security Zone; San Diego
Bay; San Diego, CA.
(a) Location. The following area is a
security zone, including all navigable
waters of San Diego Bay, from surface to
sea floor, within a 900-foot radius
centered at the following coordinate:
32°42′56″ N, 117°10′46″ W.
(b) Definition. The term ‘‘designated
representative’’ means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, and other
officer operating a Coast Guard vessel,
or a Federal, State, or local officer
designated by or assisting the Captain of
the Port San Diego in the enforcement
of the regulated area.
(c) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, all persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the security zone unless
authorized by the Captain of the Port
Sector San Diego (COTP) or his
designated representative.
(2) The security zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the security zone must
contact the COTP or the COTP’s
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the security zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to enter
the security zone on VHF channel 16 or
through the 24-hour Command Center at
telephone (619) 278–7033.
(d) Enforcement period. This section
will be enforced from 10 a.m. through
2 p.m. on November 11, 2020.
Dated: November 3, 2020.
T. J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2020–24863 Filed 11–9–20; 8:45 am]
BILLING CODE 9110–04–P
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