[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Rules and Regulations]
[Pages 10238-10240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03377]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0698]
RIN 1625-AA08


Special Local Regulation; San Diego Fleet Week Veterans Day Boat 
Parade; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending its special local regulations for 
recurring marine parades, regattas, and other events in Southern 
California Annual Marine Events for the San Diego Captain of the Port 
Zone. This final rule will add one new recurring special local 
regulation for the San Diego Fleet Week Veterans Day Boat Parade. This 
action is necessary to provide for the safety of life on the navigable 
waters during the annual event, and will restrict vessel traffic in the 
designated areas during the event unless authorized by the Captain of 
the Port Sector San Diego or a designated representative.

DATES: This rule is effective March 20, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0698 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Lieutenant Junior Grade Shera Kim, Waterways 
Management, U.S. Coast Guard; 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

II. Background Information and Regulatory History

    On August 11, 2022, The San Diego Fleet Week Foundation notified 
the Coast Guard that it will be hosting the San Diego Fleet Week 
Veterans Day Boat Parade annually on a single day during the month of 
November. The regulated area would cover all navigable waters of San 
Diego Bay, beginning at Shelter Island, proceeding northeast to Harbor 
Island, proceeding southeast along the shoreline to Tenth Avenue Marine 
Terminal, crossing the Federal navigable channel prior to the Coronado 
Bridge, then northwest along the shoreline of Coronado Island to the 
Coronado Ferry Landing.
    In response, on August 31, 2022, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled ``Special Local Regulation; San 
Diego Fleet Week Veterans Day Boat Parade; San Diego Bay, San Diego, 
CA'' (87 FR 53700). There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to this annual 
marine event. During the comment period that ended October 3, 2022, we 
received zero comments.
    The event is expected to draw a high concentration of vessels to 
the San Diego Bay area along the proposed parade route. Traditionally, 
the San Diego Bay area serves as a major thoroughfare for commercial 
traffic, naval operations, ferry routes, and a number of other 
recreational uses. The Coast Guard is establishing this special local 
regulation to minimize impacts on this congested waterway. This 
regulation is necessary to ensure the safety of individuals, property, 
and the marine environment on the navigable waters of San Diego Bay 
during this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041 (previously 33 U.S.C. 1231). The Captain of the Port Sector San 
Diego (COTP) has determined that potential hazards associated with the 
San Diego Fleet Week Veterans Day Boat Parade annually on a weekend 
during the month of November will present a safety of life concern on 
navigable waters. The purpose of this rule is to ensure safety of life 
on the navigable waters in the safety zone before, during, and after 
the scheduled event.
    For the reasons stated above, we are issuing this rule.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 31, 2022. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a special local regulation annually on a 
weekend in November. The special local regulation will cover all 
navigable waters of San Diego Bay, beginning at Shelter Island, 
proceeding northeast to Harbor Island, proceeding southeast along the 
shoreline to Tenth Avenue Marine Terminal, crossing the Federal 
navigable channel prior to the Coronado Bridge, then northwest along 
the shoreline of Coronado Island to the Coronado Ferry Landing. No 
vessel or person will be permitted to enter the special local 
regulation 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 duration of the special local regulation. Vessel traffic 
would be able to safely transit around this special local regulation, 
which would impact a small-designated area of the San Diego Bay. 
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the areas, and the rule would allow 
vessels to seek permission to enter the areas.

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

[[Page 10239]]

operated and are not dominant in their fields, and governmental 
jurisdictions with populations of less than 50,000. The Coast Guard 
received no comments from the Small Business Administration on this 
rulemaking. 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 
special local regulation 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 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 
special local regulation that would prohibit persons and vessels from 
transiting the regulated area during the parade. It is categorically 
excluded from further review under paragraph L61 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 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:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. In Sec.  100.1101, amend table 1 by adding an entry for ``17. San 
Diego Fleet Week Veterans Day Boat Parade'' 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
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
            17. San Diego Fleet Week Veterans Day Boat Parade
------------------------------------------------------------------------
Sponsor...........................  San Diego Fleet Week Foundation.
Event Description.................  SS Boat parade.
Date..............................  One weekend in November.
Location..........................  San Diego Bay, CA.
Regulated Area....................  All waters of San Diego Bay, from
                                     surface to bottom, beginning at
                                     Shelter Island, proceeding
                                     northeast to Harbor Island,
                                     proceeding southeast along the
                                     shoreline to Tenth Avenue Marine
                                     Terminal, crossing the Federal
                                     navigable channel prior to the
                                     Coronado Bridge, then northwest
                                     along the shoreline of Coronado
                                     Island to the Coronado Ferry
                                     Landing.
------------------------------------------------------------------------



[[Page 10240]]

    Dated: November 7, 2022.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.

    Editorial note: This document was received for publication by 
the Office of the Federal Register on February 14, 2023.
[FR Doc. 2023-03377 Filed 2-16-23; 8:45 am]
BILLING CODE 9110-04-P


