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[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Rules and Regulations]
[Pages 7797-7801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02964]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2014-1063]
RIN 1625-AA08

Special Local Regulation; San Diego Crew Classic; Mission Bay, 
San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule.

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SUMMARY: The Coast Guard is temporarily changing the date of the 
special local regulation on the navigable waters of Mission Bay, San 
Diego, California in support of the annual San Diego Crew Classic 
rowing race. This temporary interim rule adjusts the dates for the 
established special local regulations. This temporary interim rule 
provides public notice of the changed date and is necessary to ensure 
the safety of participants, crew, spectators, participating vessels, 
and other vessels and users of the waterway. Unauthorized persons and 
vessels are prohibited from entering into, transiting through, or 
anchoring within the special local regulations unless authorized by the 
Captain of the Port (COTP), or his designated representative. The Coast 
Guard requests public comments on the temporary interim rule.

[[Page 7798]]

DATES: This rule is effective from March 15, 2015 through April 15, 
2015. This rule will be enforced from 7 a.m. until 6:30 p.m. March 28, 
2015 and from 7 a.m. until 3:30 p.m. on March 29, 2015. Public comments 
must be received by March 16, 2015.

ADDRESSES: Submit comments using one of the listed methods, and see 
SUPPLEMENTARY INFORMATION for more information on public comments.
     Online--http://www.regulations.gov following Web site 
instructions.
     Fax--202-493-2251.
     Mail or hand deliver--Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand 
delivery hours: 9 a.m. to 5 p.m., Monday through Friday, except Federal 
holidays (telephone 202-366-9329).
    Documents mentioned in this preamble are part of docket [USCG-2014-
1063]. To view documents mentioned in this preamble as being available 
in the docket, go to http://www.regulations.gov, type the docket number 
in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder 
on the line associated with this rulemaking. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation, West Building, 1200 New Jersey Avenue 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DH Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TIR Temporary Interim Rule
BN Broadcast Notice to Mariners
LNM Local Notice to Mariners
COTP Captain of the Port

A. Public Participation and Comments

    We encourage you to submit comments (or related material) on this 
temporary interim rule. We will consider all submissions and may adjust 
our final action based on your comments. Comments should be marked with 
docket number USCG-2014-1063 and should provide a reason for each 
suggestion or recommendation. You should provide personal contact 
information so that we can contact you if we have questions regarding 
your comments; but please note that all comments will be posted to the 
online docket without change and that any personal information you 
include can be searchable online (see the Federal Register Privacy Act 
notice regarding our public dockets, 73 FR 3316, Jan. 17, 2008).
    Mailed or hand-delivered comments should be in an unbound 8\1/2\ x 
11 inch format suitable for reproduction. The Docket Management 
Facility will acknowledge receipt of mailed comments if you enclose a 
stamped, self-addressed postcard or envelope with your submission.
    Documents mentioned in this interim rule, and all public comments, 
are in our online docket at http://www.regulations.gov and can be 
viewed by following the Web site's instructions. You can also view the 
docket at the Docket Management Facility (see the mailing address under 
ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

B. Regulatory History and Information

    The San Diego Crew Classic is an annual rowing race listed in 33 
CFR 100.1101 (table 1, item 3) for Southern California annual marine 
events for the San Diego Captain of the Port Zone. Special local 
regulations exist for the marine event to allow for special use of the 
Mission Bay waterway to allow for two days of racing. The event is 
normally held in April. For 2015, the event's organizer has shifted the 
dates up from April to March. This temporary interim rule is therefore 
necessary to ensure that the same measures normally provided in April 
by the marine event special local regulations are in place for the 
March 2015 dates.
    The Coast Guard is issuing this temporary interim rule without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.''
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. The publishing of an NPRM would 
be impracticable since immediate action is needed to minimize potential 
danger to the participants and the public during the event. The danger 
posed by the large volume of weekend marine traffic in Mission Bay 
makes special local regulations necessary to provide for the safety of 
participants, event support vessels, spectator craft and other vessels 
transiting the event area. For the safety concerns noted, it is 
important to have these regulations in effect during the event. The 
Coast Guard was not informed of the changed date of the event with 
sufficient time to solicit comments through an NPRM and publish a final 
rule. This interim rule allows the Coast Guard to publish the 
regulatory text but still receive comments on the impact, if any, the 
rule will have. The Coast Guard will consider any comments received 
prior to the event date.
    To advise the public of the restrictions, the Coast Guard will 
issue a broadcast notice to mariners (BNM) to advise vessel operators 
of navigational restrictions. In addition, Coast Guard will also 
advertise notice of the event and event date changes via local notice 
to mariners (LNM) report. On-scene Coast Guard and local law 
enforcement vessels will also provide actual notice to mariners. For 
the same reasons, the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register. Delaying the effective date would be contrary to the 
public interest, because immediate action is needed to ensure the 
safety of the event. However, notifications will be made to users of 
the affected area near Mission Bay, San Diego, California via marine 
information broadcast and a local notice to mariners.
    Furthermore, we are providing an opportunity for subsequent public 
comment and, should public comment show the need for modifications to 
the special local regulations during the 2015 event, we may make those 
modifications and will provide actual notice of those modifications to 
the affected public.

C. Basis and Purpose

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

[[Page 7799]]

D. Discussion of the Rule

    The San Diego Crew Classic is an annual rowing race normally held 
on the first Saturday and Sunday in April in Mission Bay, San Diego, 
California.
    The regulation listing annual marine events within the San Diego 
Captain of the Port Zone and special local regulations is 33 CFR 
100.1101. Table 1 to Sec.  100.1101 identifies special local 
regulations within the COTP San Diego Zone. Table 1 to Sec.  100.1101 
at item ``3'' describes the enforcement date and regulated location for 
this marine event.
    The date listed in the Table has the marine event on the first 
Saturday and Sunday in April. However, this temporary rule changes the 
marine event date to 28 March, 2015 and 29 March, 2015 to reflect the 
actual date of the event this year.
    The Coast Guard is establishing a temporary special local 
regulation for a marine event on Mission Bay that will be enforced from 
7 a.m. to 6:30 p.m. on March 28, 2015 and from 7 a.m. to 3:30 p.m. on 
March 29, 2015. The effect of the temporary special local regulations 
will be to restrict navigation in the vicinity of the rowing race site 
until the conclusion of the races. The limits of the special local 
regulation will include portions of the navigable waters of Mission Bay 
known as Fiesta Bay in Mission Bay, San Diego, California.
    The Coast Guard will temporarily suspend the regulation listed in 
Table 1 to Sec.  100.1101 item ``3'', and insert this temporary 
regulation at Table 1 to Sec.  100.1101, at item ``19''. The special 
local regulation will be enforced from 7 a.m. until 6:30 p.m. March 28, 
2015 and from 7 a.m. until 3:30 p.m. on March 29, 2015. This change is 
needed to accommodate the sponsor's event plan. No other portion of 
Table 1 to Sec.  100.1101 or other provisions in Sec.  100.1101 shall 
be affected by this regulation.
    The special local regulations are necessary to provide for the 
safety of the crew, spectators, participants, and other vessels and 
users of the waterway for this competitive rowing race that will 
consist of a 2,000 meters long eight lane course, utilized over two 
weekend days. Persons and vessels will be prohibited from entering 
into, transiting through, or anchoring within this regulated waterway 
unless authorized by the Coast Guard Captain of the Port (COTP), or his 
designated representative, during the proposed times. The two day event 
will include racing on Saturday and Sunday. Before the effective 
period, the Coast Guard will publish information on the event in the 
weekly LNM.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

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

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit or anchor in the impacted portion of Mission Bay, 
San Diego, California from 7 a.m. to 6:30 p.m. on March 28, 2015 and 7 
a.m. to 3:30 p.m. on March 29, 2015.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities. Although the special 
local regulations would apply to a broad portion of Mission Bay, 
traffic would be allowed to pass around the zone or through the zone 
with the permission of the COTP, or his designated representative. The 
event sponsor, in addition to advertising the event, will also to their 
maximum extent assist boaters wishing to transit the racing area during 
non-racing times throughout the two days. Before the effective period, 
the Coast Guard will publish event information on the internet in the 
weekly LNM marine information report. And during the event, the Coast 
Guard will provide a BNM via marine radio.

3. Assistance for Small Entities

    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, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

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

[[Page 7800]]

person listed in the FOR FURTHER INFORMATION CONTACT section to 
coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves establishment of marine event special 
local regulations on the navigable waters of Mission Bay. This rule is 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. In Sec.  100.1101, in Table 1 to Sec.  100.1101, suspend item ``3'' 
and add temporary item ``19'' to read as follows:

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

* * * * *

                       Table 1 to Sec.   100.1101
              [All coordinates referenced use datum NAD 83]
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                              * * * * * * *
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                       19. San Diego Crew Classic
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Sponsor..........................................  San Diego Crew
                                                    Classic.
Event Description................................  Competitive Rowing
                                                    Race.
Date.............................................  March 28, 2015 and
                                                    March 29, 2015.
Location.........................................  Mission Bay, San
                                                    Diego, CA.
Regulated Area...................................  The waters of Mission
                                                    Bay to include.
                                                    South Pacific
                                                    Passage, Fiesta Bay,
                                                    and the waters
                                                    around Vacation
                                                    Isle.
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    Dated: January 30, 2015.
J.S. Spaner,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2015-02964 Filed 2-11-15; 8:45 am]
BILLING CODE 9110-04-P
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