Safety Zone; San Diego Bay, San Diego, CA, 19784-19786 [2021-07753]

Download as PDF 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 jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 15:42 Apr 14, 2021 Jkt 253001 and recordkeeping requirements, Rightsof-way, Sulfur. DEPARTMENT OF HOMELAND SECURITY 30 CFR Part 553 Coast Guard 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-ofway, 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 penalty? What is the maximum civil 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 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 33 CFR Part 165 [Docket Number USCG–2021–0195] RIN 1625–AA00 Safety Zone; San Diego Bay, San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 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: SUMMARY: 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 E:\FR\FM\15APR1.SGM 15APR1 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. jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 15:42 Apr 14, 2021 Jkt 253001 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. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 19785 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 E:\FR\FM\15APR1.SGM 15APR1 19786 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 jbell on DSKJLSW7X2PROD with RULES 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. 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 List of Subjects in 33 CFR Part 165 43 CFR Part 51 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: [Docket No. DOI–2020–0001; 201D0102DM, DS6CS00000, DLSN00000.000000, DX6CS25] RIN 1093–AA27 Procedures for Issuing Guidance Documents PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ 15:42 Apr 14, 2021 Jkt 253001 ACTION: On October 26, 2020, the Department of the Interior (Department) published an interim final rule implementing an Executive order (E.O.), SUMMARY: Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; VerDate Sep<11>2014 Office of the Secretary, Interior. Final rule; rescission of regulations. AGENCY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 E:\FR\FM\15APR1.SGM 15APR1

Agencies

[Federal Register Volume 86, Number 71 (Thursday, April 15, 2021)]
[Rules and Regulations]
[Pages 19784-19786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07753]


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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 
[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

    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

[[Page 19785]]

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

[[Page 19786]]

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

0
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.


0
2. Add Sec.  165.T11-053 to read as follows:


Sec.  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
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