
[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Rules and Regulations]
[Pages 17751-17753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07517]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-0096]
RIN 1625-AA08


Special Local Regulation; Red Bull Air Race--San Diego 2017; San 
Diego Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily establishing special local 
regulations for the Red Bull Air Race--San Diego 2017 event held on the 
navigable waters of San Diego Bay, California. This action is necessary 
to provide for the safety of life on navigable waters during the event. 
This

[[Page 17752]]

action will restrict vessel traffic in specific waters of San Diego Bay 
from April 14, 2017, from 8:00 a.m. to 6:30 p.m., from April 15, 2017 
from 10:00 a.m. to 6:00 p.m., and from April 16, 2017 from 10:00 a.m. 
to 4:30 p.m. We invite your comments on this rulemaking.

DATES: This rule is effective from April 14, 2017 through April 16, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0096 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 Robert D. Cole, Waterways Management, U.S. 
Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, 
email D11MarineEventsSD@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
BNM Broadcast Notice to Mariners
LNM Local Notice to Mariners
COTP Captain of the Port

II. Regulatory Information

    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 finds good cause 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 NPRM with respect to this rule as 
there is not enough time to complete notice and comment rulemaking 
before the event is scheduled to take place due to specific event 
details that were not provided by the event sponsor in time. For this 
reason, publishing an NPRM would be impracticable.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. This rule is necessary 
for the safety of life on these navigable waters during the airplane 
race. For the reasons above, it would be impracticable to delay this 
rule to provide a full 30 days notice.

III. Background, Purpose and Legal Basis

    The Red Bull Air Race--San Diego 2017 event will involve low flying 
airplanes racing through a predetermined course of inflatable pylons 
situated on anchored barges and positioned in certain portions of San 
Diego Bay. The COTP San Diego has determined that potential hazards 
associated with the air race event would be a safety concern for anyone 
intending to operate on certain waters of San Diego Bay.
    The purpose of this rulemaking is to ensure the safety of event 
participants, spectators and transiting vessels on the navigable waters 
of San Diego Bay before, during, and after the scheduled event. 33 
U.S.C. 1233, authorizes the Coast Guard to establish and define special 
local regulations to promote the safety of life on navigable waters.

IV. Discussion of the Rule

    In this temporary final rule, the regulations in 33 CFR 100.1101 
will be temporarily inserted for Table 1, Item 19 of that section in 
order to reflect that the special local regulation will be effective 
and enforced from April 14, 2017, from 8:00 a.m.to 6:30 p.m., from 
April 15, 2017 from 10:00 a.m. to 6:00 p.m., and from April 16, 2017 
from 10:00 a.m. to 4:30 p.m. This addition is needed to ensure that 
adequate regulations are in place to protect the safety vessels and 
individuals that may be present in the regulated area. No other portion 
of Table 1 of 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 San Diego Bay waterway. Persons and vessels will be 
prohibited from anchoring, blocking, loitering, or impeding within this 
regulated waterway unless authorized by the COTP, or his designated 
representative, during the event times. Additionally, the Patrol 
Commander (PATCOM) will control the movement of all vessels within the 
regulated area and will restrict vessels from entering the regulated 
area. Before the effective period, the Coast Guard will publish 
information on the event in the weekly LNM. The regulatory text appears 
at the end of this document.

V. Regulatory Analysis

    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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O.13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
The Coast Guard will publish a LNM, issue a BNM via VHF-FM marine 
channel 16 that details the vessel restrictions of the regulated area, 
and distribute a special local regulation flyer for public use.

B. 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.

[[Page 17753]]

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, CA, from April 14, 2017, from 8:00 a.m.to 
6:30 p.m., from April 15, 2017 from 10:00 a.m. to 6:00 p.m., and from 
April 16, 2017 from 10:00 a.m. to 4:30 p.m.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic will be allowed to pass through the area with permission of the 
COTP, or his designated representative, during a predefined schedule 
arranged by the event sponsor, and the special local regulation is 
limited in size and duration. The Coast Guard will issue maritime 
advisories widely available to all waterway users. Before the effective 
period, the Coast Guard will publish event information on the internet 
in the weekly LNM marine information report. If you think that your 
business, organization, or governmental jurisdiction qualifies as a 
small entity and that this rule would have a significant economic 
impact on it, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and how and to what degree this rule would 
economically affect it.
    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. 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 calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under E.O. 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 it is consistent with the fundamental federalism principles and 
preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 contact 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 establishment of marine event special local regulations 
on the navigable waters of San Diego Bay. It is categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated under the ADDRESSES section of this preamble. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. 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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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, at the end of Table 1 to Sec.  100.1101, add 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
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                                * * * * *
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                  19. Red Bull Air Race--San Diego 2017
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Sponsor................................  Mountain Sports International
Event Description......................  Airplane Race.
Date...................................  April 14, 2017 through April
                                          16, 2017.
Location...............................  San Diego Bay, CA.
Regulated Area.........................  The navigable waters of San
                                          Diego Bay bound within these
                                          coordinates (NAD 83):
                                         32[deg]42'41'' N.,
                                          117[deg]10'33'' W.
                                         32[deg]42'14'' N.,
                                          117[deg]10'50'' W.
                                         32[deg]41'37'' N.,
                                          117[deg]09'51'' W.
                                         32[deg]41'56'' N.,
                                          117[deg]09'29'' W.
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    Dated: March 29, 2017.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2017-07517 Filed 4-12-17; 8:45 am]
BILLING CODE 9110-04-P


