Safety Zone; San Diego Bay, San Diego, CA, 1074-1076 [2022-00276]
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1074
Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations
will not preempt Tribal law.
Accordingly, Executive Order 13175
does not apply to this rulemaking.
Paperwork Reduction Act
a. In paragraph (a)(1), remove
‘‘$39,693’’ and add in its place
‘‘$42,163’’; and
■ b. In paragraph (a)(2), remove
‘‘$7,939’’ and add in its place ‘‘$8,433’’.
This rulemaking does not impose or
revise any information collections
subject to 44 U.S.C. Chapter 35.
PART 127—VIOLATIONS AND
PENALTIES
List of Subjects
■
■
5. The authority citation for part 127
continues to read as follows:
22 CFR Part 35
Authority: Sections 2, 38, and 42, Pub. L.
90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2791); 22 U.S.C. 401; 22 U.S.C. 2651a; 22
U.S.C. 2779a; 22 U.S.C. 2780; E.O. 13637, 78
FR 16129; Pub. L. 114–74, 129 Stat. 584.
Administrative practice and
procedure, Claims, Fraud, Penalties.
22 CFR Part 103
Administrative practice and
procedure, Chemicals, Classified
information, Foreign relations, Freedom
of information, International
organization, Investigations, Penalties,
Reporting and recordkeeping
requirements.
22 CFR Part 127
Arms and munitions, Crime, Exports,
Penalties, Seizures and forfeitures.
22 CFR Part 138
Government contracts, Grant
programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping
requirements.
For the reasons set forth above, 22
CFR parts 35, 103, 127, and 138 are
amended as follows:
PART 138—RESTRICTIONS ON
LOBBYING
7. The authority citation for part 138
continues to read as follows:
■
Authority: 22 U.S.C. 2651a; 31 U.S.C.
1352; Pub. L. 114–74, 129 Stat. 584.
[Amended]
8. In § 138.400:
a. Remove ‘‘$20,731’’ and ‘‘$207,314’’
and add in their place ‘‘$22,021’’ and
‘‘$220,213’’, respectively, wherever they
occur.
■ b. In paragraph (e), remove ‘‘$20,396’’
and add in its place ‘‘$21,665’’.
■
■
1. The authority citation for part 35
continues to read as follows:
■
Authority: 22 U.S.C. 2651a; 31 U.S.C. 3801
et seq.; Pub. L. 114–74, 129 Stat. 584.
[Amended]
2. In § 35.3:
a. Remove ‘‘$11,803’’and add in its
place ‘‘$12,537’’, wherever it occurs.
■ b. In paragraph (f), remove ‘‘$348,035’’
and add in its place ‘‘$376,138’’.
■
■
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[Amended]
6. In § 127.10:
a. In paragraph (a)(1)(i), remove
‘‘$1,197,728’’ and add in its place
‘‘$1,272,251’’;
■ b. In paragraph (a)(1)(ii), remove
‘‘$870,856’’ and add in its place
‘‘$925,041’’; and
■ c. In paragraph (a)(1)(iii), remove
‘‘$1,036,566’’ and add in its place
‘‘$1,101,061’’.
■
■
§ 138.400
PART 35—PROGRAM FRAUD CIVIL
REMEDIES
§ 35.3
§ 127.10
Kevin E. Bryant,
Deputy Director, Office of Directives
Management.
[FR Doc. 2022–00235 Filed 1–7–22; 8:45 am]
BILLING CODE 4710–10–P
PART 103—REGULATIONS FOR
IMPLEMENTATION OF THE CHEMICAL
WEAPONS CONVENTION AND THE
CHEMICAL WEAPONS CONVENTION
IMPLEMENTATION ACT OF 1998 ON
THE TAKING OF SAMPLES AND ON
ENFORCEMENT OF REQUIREMENTS
CONCERNING RECORDKEEPING AND
INSPECTIONS
DEPARTMENT OF HOMELAND
SECURITY
■
3. The authority citation for part 103
continues to read as follows:
Safety Zone; San Diego Bay, San
Diego, CA
Authority: 22 U.S.C. 2651a; 22 U.S.C. 6701
et seq.; Pub. L. 114–74, 129 Stat. 584.
AGENCY:
§ 103.6
SUMMARY:
■
[Amended]
15:53 Jan 07, 2022
33 CFR Part 165
[Docket Number USCG–2021–0931]
RIN 1625–AA00
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
4. In § 103.6:
VerDate Sep<11>2014
Coast Guard
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the navigable waters in the vicinity of
the Coronado Bridge in San Diego Bay,
San Diego, CA, in support of a U.S.
Navy exercise. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards associated with the
exercise. 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 5 p.m.
on January 10, 2022 through 3 p.m. on
January 11, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0931 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions on this rule, call or
email Lieutenant Commander John
Santorum, Waterways Management,
U.S. Coast Guard Sector San Diego, CA;
telephone 619–278–7656, email
MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 we
must establish this safety zone by
January 10, 2022. This urgent safety
zone is required to protect the maritime
public and the surrounding waterways
from hazards associated with a U.S.
Navy exercise. 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
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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to public
interest because action is needed to
ensure the safety of life on the navigable
waters of San Diego Bay during the
exercise scheduled to begin on January
10, 2022.
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 the potential
hazards associated with the U.S. Navy
exercise scheduled to begin on January
10, 2022 poses a potential safety
concern in the regulated area. This rule
is needed to protect persons, vessels,
and the marine environment in the
navigable waters of San Diego Bay
during the exercise.
IV. Discussion of the Rule
This rule establishes a safety zone
from 5 p.m. on January 10, 2022 through
3 p.m. on January 11, 2022. The safety
zone will cover all navigable waters of
San Diego Bay within a 200-foot radius
centered at position: 32°41′12.2″ N
117°09′40.4″ W. The purpose of the
safety zone is to protect persons,
vessels, and the marine environment in
the navigable waters of San Diego Bay
during the exercise. No vessel or person
will be permitted to enter the security
zone without obtaining permission from
the COTP or his designated
representative.
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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, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
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15:53 Jan 07, 2022
Jkt 256001
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.
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).
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Fmt 4700
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1075
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 safety
zone lasting 22 hours that will prohibit
entry within a 200-foot radius of a
designated coordinate in the vicinity of
the Coronado Bridge in San Diego Bay.
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
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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations
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.
Coast Guard
Safety Zone; Deep Creek, Elizabeth
River, Chesapeake, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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.T11–088 to read as
follows:
■
§ 165.T11–088 Safety Zone; San Diego
Bay; San Diego, CA.
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DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA00
■
(a) Location. The following area is a
safety zone: All navigable waters of San
Diego Bay, from surface to bottom,
within a 200-foot radius centered at
position: 32°41′12.2″ N, 117°09′40.4″ W
(WGS 84).
(b) Definitions. 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
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 5 p.m. on January
10, 2022 through 3 p.m. on January 11,
2022.
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BILLING CODE 9110–04–P
[Docket Number USCG–2022–0011]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
15:53 Jan 07, 2022
[FR Doc. 2022–00276 Filed 1–7–22; 8:45 am]
33 CFR Part 165
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:
VerDate Sep<11>2014
Dated: January 5, 2022.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of Deep Creek
and the Elizabeth River. The safey zone
is needed to safeguard personnel and
vessels from potential hazards
associated with an incident involving an
adrift barge that has struck a power
transmission tower in the waterway.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Virginia or designated
respresentative.
SUMMARY:
This rule is effective without
actual notice from January 10, 2022
until January 19, 2022. For the purposes
of enforcement, actual notice will be
used from January 4, 2022, until January
10, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0011 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email LCDR Ashley Holm, Sector
Virginia, Waterways Management
Division, U.S. Coast Guard, Telephone:
757–668–5580, email:
virginiawaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
II. Background Information and
Regulatory History
On January 3, 2022, an adrift barge
struck a power transmission tower in
the navigable waters of Deep Creek and
the Elizabeth River causing the tower to
lean. The structural integrity of the
transmission tower is unknown at this
time creating a potential hazard to
navigation including the potential for
de-energized power lines to enter the
waterway. Every effort is being made to
ensure the structure is supported until
power lines can be disconnected and
the tower is removed. 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 would be impracticable
and contrary to public interest. The
Coast Guard received information about
this potential hazard to navigation on
January 3, 2022. Immediate action is
needed to protect transiting vessels from
the damaged transmission tower causing
a potential hazard to navigation which
includes the potential for de-energized
power lines to enter the waterway.
For those same reasons, 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 and contrary to
the public interest because immediate
action to restrict vessel traffic is needed
to protect life, property and the
environment. Delaying the effective date
would be contrary to the safety zone’s
intended objectives of protecting
personnel and vessel from the
immediate potential hazard, enhancing
maritime safety.
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 Virginia (COTP) has
determined a potential hazardous
situation in Deep Creek, Southern
Branch of the Elizabeth River, requires
the establishment of a safety zone to
protect personnel and vessels transiting
the area.
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Agencies
[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Rules and Regulations]
[Pages 1074-1076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00276]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0931]
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
the navigable waters in the vicinity of the Coronado Bridge in San
Diego Bay, San Diego, CA, in support of a U.S. Navy exercise. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards associated with the exercise. 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 5 p.m. on January 10, 2022 through 3
p.m. on January 11, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0931 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 on this rule,
call or email Lieutenant Commander 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 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 we must establish this safety zone by
January 10, 2022. This urgent safety zone is required to protect the
maritime public and the surrounding waterways from hazards associated
with a U.S. Navy exercise. 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
[[Page 1075]]
making this rule effective less than 30 days after publication in the
Federal Register. Delaying the effective date of this rule would be
contrary to public interest because action is needed to ensure the
safety of life on the navigable waters of San Diego Bay during the
exercise scheduled to begin on January 10, 2022.
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 the potential hazards associated with the
U.S. Navy exercise scheduled to begin on January 10, 2022 poses a
potential safety concern in the regulated area. This rule is needed to
protect persons, vessels, and the marine environment in the navigable
waters of San Diego Bay during the exercise.
IV. Discussion of the Rule
This rule establishes a safety zone from 5 p.m. on January 10, 2022
through 3 p.m. on January 11, 2022. The safety zone will cover all
navigable waters of San Diego Bay within a 200-foot radius centered at
position: 32[deg]41'12.2'' N 117[deg]09'40.4'' W. The purpose of the
safety zone is to protect persons, vessels, and the marine environment
in the navigable waters of San Diego Bay during the exercise. 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. 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, duration, and time-of-day of the safety 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. 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.
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
safety zone lasting 22 hours that will prohibit entry within a 200-foot
radius of a designated coordinate in the vicinity of the Coronado
Bridge in San Diego Bay. 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
[[Page 1076]]
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.T11-088 to read as follows:
Sec. 165.T11-088 Safety Zone; San Diego Bay; San Diego, CA.
(a) Location. The following area is a safety zone: All navigable
waters of San Diego Bay, from surface to bottom, within a 200-foot
radius centered at position: 32[deg]41'12.2'' N, 117[deg]09'40.4'' W
(WGS 84).
(b) Definitions. 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 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 5 p.m.
on January 10, 2022 through 3 p.m. on January 11, 2022.
Dated: January 5, 2022.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2022-00276 Filed 1-7-22; 8:45 am]
BILLING CODE 9110-04-P