
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 52993-52996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21791]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2015-0738]
RIN 1625-AA08


Special Local Regulation; Southern California Annual Marine 
Events for the San Diego Captain of the Port Zone; San Diego Bay, San 
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement date 
of the special local regulation on the navigable waters of San Diego 
Bay, San Diego, California in support of the annual TriRock San Diego 
Triathlon. This temporary interim rule adjusts the date for the 
established special local regulations listed in 33 CFR 100.1101 (table 
1, item 11). This temporary interim rule provides public notice and is 
necessary to ensure the safety of participants, crew, spectators, 
participating vessels, and other vessels and users of the waterway. 
Unauthorized persons and vessels are prohibited from entering into, 
transiting through, or anchoring within the regulated area unless 
authorized by the Captain of the Port (COTP), or his designated 
representative. The Coast Guard requests public comments on the 
temporary interim rule.

DATES: This rule is effective from 6:30 a.m. through 10:30 a.m. on 
September 20, 2015. Public comments must be received by September 19, 
2015.

ADDRESSES: Submit comments using one of the listed methods, and see 
SUPPLEMENTARY INFORMATION for more information on public comments.
     Online--http://www.regulations.gov following Web site 
instructions.
     Fax--202-493-2251.
     Mail or hand deliver--Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand 
delivery hours: 9 a.m. to 5 p.m., Monday through Friday, except Federal 
holidays (telephone 202-366-9329).
    Documents mentioned in this preamble are part of docket [USCG-2015-
0738]. To view documents mentioned in this preamble as being available 
in the docket, go to http://www.regulations.gov, type the docket number 
in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder 
on the line associated with this rulemaking. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Randolph Pahilanga, Waterways Management, 
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, 
email D11MarineEventsSD@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

[[Page 52994]]

BNM Broadcast Notice to Mariners
LNM Local Notice to Mariners
COTP Captain of the Port

A. Public Participation and Comments

    We encourage you to submit comments (or related material) on this 
temporary interim rule. We will consider all submissions and may adjust 
our final action based on your comments. Comments should be marked with 
docket number USCG-2015-0738 and should provide a reason for each 
suggestion or recommendation. You should provide personal contact 
information so that we can contact you if we have questions regarding 
your comments; but please note that all comments will be posted to the 
online docket without change and that any personal information you 
include can be searchable online (see the Federal Register Privacy Act 
notice regarding our public dockets, 73 FR 3316, Jan. 17, 2008).
    Mailed or hand-delivered comments should be in an unbound 8\1/2\ x 
11 inch format suitable for reproduction. The Docket Management 
Facility will acknowledge receipt of mailed comments if you enclose a 
stamped, self-addressed postcard or envelope with your submission.
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following the Web site's instructions. You can also view the docket at 
the Docket Management Facility (see the mailing address under 
ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

B. Regulatory History and Information

    The TriRock San Diego Triathlon is an annual reoccurring event 
listed in 33 CFR 100.1101 (table 1, item 11) for Southern California 
annual marine events for the San Diego Captain of the Port Zone. 
Special local regulations exist for the marine event to allow for 
special use of the San Diego Bay waterway for one day. For 2015, the 
event is occurring on Sunday, September 20, 2015. This temporary 
interim rule is therefore necessary to ensure that the same measures 
normally provided are in place for that day.
    The Coast Guard is issuing this temporary interim 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.''
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM because the Coast Guard did not 
have sufficient information about the event early enough to publish the 
NPRM and receive comments. The publishing of an NPRM would be 
impracticable since immediate action is needed to minimize potential 
danger to the participants and the public during the event. The danger 
posed by the large volume of weekend marine traffic in San Diego Bay 
makes special local regulations necessary to provide for the safety of 
participants, event support vessels, spectator craft and other vessels 
transiting the event area. For the safety concerns noted, it is 
important to have these regulations in effect during the event. The 
area covered by the special local regulation should have negligible 
impact on vessel movement. The Coast Guard will issue a broadcast 
notice to mariners (BNM) to advise vessel operators of navigational 
restrictions. In addition, the Coast Guard will also advertise notice 
of the event and event date changes via local notice to mariners (LNM) 
report.
    For the same reasons, 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 would be contrary to 
the public interest, because immediate action is needed to ensure the 
safety of the event. However, notifications will be made to users of 
the affected area near San Diego Bay, San Diego, California via marine 
information broadcast and a local notice to mariners.
    Furthermore, we are providing an opportunity for subsequent public 
comment and, should public comment show the need for modifications to 
the special local regulations during the 2015 event, we may make those 
modifications and will provide actual notice of those modifications to 
the affected public.

C. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1233, which authorize the Coast Guard to establish, and define 
special local regulations. The Captain of the Port San Diego is 
establishing a special local regulation for the waters of San Diego 
Bay, San Diego, California to protect event participants, spectators 
and transiting vessels. Entry into this area is prohibited unless 
specifically authorized by the Captain of the Port San Diego or 
designated representative.

D. Discussion of the Interim Rule

    The TriRock San Diego Triathlon is an annual event normally held on 
a weekend day in September San Diego Bay, San Diego, California.
    The regulation listing annual marine events within the San Diego 
Captain of the Port Zone and special local regulations is CFR 100.1101. 
Table 1 to Sec.  100.1101 identifies special local regulations within 
the COTP San Diego Zone. Table 1 to Sec.  100.1101 at item ``11'' 
describes the enforcement date and regulated location for this marine 
event.
    The date listed in the Table has the marine event on a Saturday in 
September. However, this temporary rule changes the marine event date 
to Sunday, September 20, 2015 to reflect the actual date of the event.
    The Coast Guard is establishing a temporary special local 
regulation for a marine event on San Diego Bay that will be effective 
from 6:30 a.m. to 10:30 a.m. on September 20, 2015 and will be enforced 
in that same timeframe.
    The Coast Guard will temporarily suspend the regulation listed in 
Table 1 to Sec.  100.1101 item ``11'', and insert this temporary 
regulation at Table 1 to Sec.  100.1101, at item ``19''. This change is 
needed to accommodate the sponsor's event plan. No other portion of 
Table 1 to Sec.  100.1101 or other provisions in Sec.  100.1101 shall 
be affected by this regulation.
    The special local regulations are necessary to provide for the 
safety of the crew, spectators, participants, and other vessels and 
users of the waterway for the swimming portion of this triathlon race 
that will consist of a 1,600 swimmers. Persons and vessels will be 
prohibited from entering into, transiting through, or anchoring within 
this regulated waterway unless authorized by the Coast Guard Captain of 
the Port (COTP), or his designated representative, during the proposed 
times. Before the effective period, the Coast Guard will publish 
information on the event in the weekly LNM.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and

[[Page 52995]]

does not require an assessment of potential costs and benefits under 
section 6(a)(3) of Executive Order 12866 or under section 1 of 
Executive Order 13563. The Office of Management and Budget has not 
reviewed it under those Orders. We expect the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary. 
This determination is based on the size, location, and the limited 
duration of the marine event and associated special local regulations. 
Optional waterway routes exist to allow boaters to transit around the 
marine event area, without impacting the race. Additionally, to the 
maximum extent practicable, the event sponsor will assist with the 
movement of boaters desiring to transit the race area throughout the 
day.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit or anchor in the impacted portion of San Diego 
Bay, California from 6:30 a.m. to 10:30 a.m. on September 20, 2015.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. Although the special local regulations would apply to a 
portion of San Diego Bay, traffic would be allowed to pass around the 
zone or through the zone with the permission of the COTP, or his 
designated representative. The event sponsor, will also be advertising 
the event. Before the effective period, the Coast Guard will publish 
event information on the internet in the weekly LNM marine information 
report and will provide a BMM via marine radio during the event.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 establishment of marine event special 
local regulations on the navigable waters of Mission Bay. This rule is 
categorically excluded from further

[[Page 52996]]

review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. In Sec.  100.1101, in Table 1 to Sec.  100.1101, suspend item ``11'' 
and add temporary item ``19'' to read as follows:


Sec.  100.1101  Southern California Annual Marine Events for the San 
Diego Captain of the Port Zone.

* * * * *

                       Table 1 to Sec.   100.1101
              [All coordinates referenced us datum NAD 83]
 
 
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                              * * * * * * *
                     19. TriRock San Diego Triathlon
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Sponsor................................  Competitor Group, Inc.
Event Description......................  Swim Race.
Date...................................  September 20, 2015
Location...............................  San Diego Bay, CA.
Regulated Area.........................  The waters of San Diego Bay,
                                          off the East Basin of
                                          Embarcadero Park.
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    Dated: August 17, 2015.
J.S. Spaner,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2015-21791 Filed 9-1-15; 8:45 am]
BILLING CODE 9110-04-P


