82_FR_17821 82 FR 17751 - Special Local Regulation; Red Bull Air Race-San Diego 2017; San Diego Bay, CA

82 FR 17751 - Special Local Regulation; Red Bull Air Race-San Diego 2017; San Diego Bay, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 70 (April 13, 2017)

Page Range17751-17753
FR Document2017-07517

The Coast Guard is temporarily establishing special local regulations for the Red Bull Air Race--San Diego 2017 event held on the navigable waters of San Diego Bay, California. This action is necessary to provide for the safety of life on navigable waters during the event. This action will restrict vessel traffic in specific waters of San Diego Bay from April 14, 2017, from 8:00 a.m. to 6:30 p.m., from April 15, 2017 from 10:00 a.m. to 6:00 p.m., and from April 16, 2017 from 10:00 a.m. to 4:30 p.m. We invite your comments on this rulemaking.

Federal Register, Volume 82 Issue 70 (Thursday, April 13, 2017)
[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Rules and Regulations]
[Pages 17751-17753]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07517]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

[[Page 17752]]

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

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

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0096 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Robert D. Cole, Waterways Management, U.S. 
Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Regulatory Information

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency finds good cause that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM with respect to this rule as 
there is not enough time to complete notice and comment rulemaking 
before the event is scheduled to take place due to specific event 
details that were not provided by the event sponsor in time. For this 
reason, publishing an NPRM would be impracticable.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. This rule is necessary 
for the safety of life on these navigable waters during the airplane 
race. For the reasons above, it would be impracticable to delay this 
rule to provide a full 30 days notice.

III. Background, Purpose and Legal Basis

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

IV. Discussion of the Rule

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

V. Regulatory Analysis

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

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

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C.

[[Page 17753]]

605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities. This rule will affect the 
following entities, some of which may be small entities: The owners or 
operators of vessels intending to transit or anchor in the impacted 
portion of San Diego Bay, CA, from April 14, 2017, from 8:00 a.m.to 
6:30 p.m., from April 15, 2017 from 10:00 a.m. to 6:00 p.m., and from 
April 16, 2017 from 10:00 a.m. to 4:30 p.m.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic will be allowed to pass through the area with permission of the 
COTP, or his designated representative, during a predefined schedule 
arranged by the event sponsor, and the special local regulation is 
limited in size and duration. The Coast Guard will issue maritime 
advisories widely available to all waterway users. Before the effective 
period, the Coast Guard will publish event information on the internet 
in the weekly LNM marine information report. If you think that your 
business, organization, or governmental jurisdiction qualifies as a 
small entity and that this rule would have a significant economic 
impact on it, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and how and to what degree this rule would 
economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this rule or any policy or action of the 
Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that it is consistent with the fundamental federalism principles and 
preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. In Sec.  100.1101, at the end of Table 1 to Sec.  100.1101, add item 
``19'' to read as follows:


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

* * * * *

                       Table 1 to Sec.   100.1101
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                  19. Red Bull Air Race--San Diego 2017
------------------------------------------------------------------------
Sponsor................................  Mountain Sports International
Event Description......................  Airplane Race.
Date...................................  April 14, 2017 through April
                                          16, 2017.
Location...............................  San Diego Bay, CA.
Regulated Area.........................  The navigable waters of San
                                          Diego Bay bound within these
                                          coordinates (NAD 83):
                                         32[deg]42'41'' N.,
                                          117[deg]10'33'' W.
                                         32[deg]42'14'' N.,
                                          117[deg]10'50'' W.
                                         32[deg]41'37'' N.,
                                          117[deg]09'51'' W.
                                         32[deg]41'56'' N.,
                                          117[deg]09'29'' W.
------------------------------------------------------------------------


    Dated: March 29, 2017.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2017-07517 Filed 4-12-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                    Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Rules and Regulations                                                          17751

                                             applicable, or within 4 months after April 17,                     part (see paragraph (g) of this AD) with a                 Airbus Alert Operators Transmission (AOT)
                                             2017 (the effective date of this AD),                              serviceable part (see paragraph (h) of this                A71L012–16, Revision 01, dated February 24,
                                             whichever occurs first, replace each affected                      AD), in accordance with the instructions of                2017.

                                                                                 TABLE 1 TO PARAGRAPH (j) OF THIS AD—REPLACEMENT COMPLIANCE TIMES
                                                                           Flight cycles accumulated *                                                                        Compliance time

                                             Fewer than 775 total flight cycles ............................................................      Before exceeding 800 total flight cycles on the affected hydraulic pres-
                                                                                                                                                    sure tube assembly since first installation on an airplane.
                                             775 total flight cycles or more ..................................................................   Within 25 flight cycles after April 17, 2017 (the effective date of this
                                                                                                                                                    AD).
                                             An unknown number of flight cycles accumulated ...................................                   Within 25 flight cycles after April 17, 2017 (the effective date of this
                                                                                                                                                    AD).
                                                * Unless specified otherwise, the flight cycles in the ‘‘flight cycles accumulated’’ column of table 1 to paragraph (j) of this AD are those accumu-
                                             lated by an affected hydraulic pressure tube assembly, on April 17, 2017 (the effective date of this AD), since first installation on an airplane.


                                             (k) Repetitive Replacement of Serviceable                          Information may be emailed to: 9-ANM-116-                     (4) For service information identified in
                                             Parts—Life Limit                                                   AMOC-REQUESTS@faa.gov. Before using                        this AD, contact Airbus SAS, Airworthiness
                                                Before a serviceable part (see paragraph (h)                    any approved AMOC, notify your appropriate                 Office—EAL, 1 Rond Point Maurice Bellonte,
                                             of this AD) exceeds 800 total flight cycles                        principal inspector, or lacking a principal                31707 Blagnac Cedex, France; telephone +33
                                             since first installation on an airplane, replace                   inspector, the manager of the local flight                 5 61 93 36 96; fax +33 5 61 93 45 80; email
                                             it with a serviceable part, in accordance with                     standards district office/certificate holding              airworthiness.A330-A340@airbus.com;
                                             the instructions of Airbus AOT A71L012–16,                         district office.                                           Internet http://www.airbus.com.
                                             Revision 01, dated February 24, 2017.                                (2) Contacting the Manufacturer: For any                    (5) You may view this service information
                                                                                                                requirement in this AD to obtain corrective                at the FAA, Transport Airplane Directorate,
                                             (l) Engine Installation Limitation                                 actions from a manufacturer, the action must               1601 Lind Avenue SW., Renton, WA. For
                                                As of April 17, 2017 (the effective date of                     be accomplished using a method approved                    information on the availability of this
                                             this AD), except as required by paragraph (m)                      by the Manager, International Branch, ANM–                 material at the FAA, call 425–227–1221.
                                             of this AD, it is allowed to install on any                        116, Transport Airplane Directorate, FAA; or                  (6) You may view this service information
                                             airplane a replacement engine having an                            the European Aviation Safety Agency                        that is incorporated by reference at the
                                             affected part (see paragraph (g) of this AD)                       (EASA); or Airbus’s EASA Design                            National Archives and Records
                                             installed, provided that, before that affected                     Organization Approval (DOA). If approved by                Administration (NARA). For information on
                                             part exceeds 800 total flight cycles since first                   the DOA, the approval must include the                     the availability of this material at NARA, call
                                             installation on an airplane, or within 4                           DOA-authorized signature.                                  202–741–6030, or go to: http://
                                             months after April 17, 2017 (the effective                         (p) Related Information                                    www.archives.gov/federal-register/cfr/ibr-
                                             date of this AD), whichever occurs first, the                                                                                 locations.html.
                                             part is replaced with a serviceable part (see                         (1) Refer to Mandatory Continuing
                                                                                                                Airworthiness Information (MCAI) EASA                        Issued in Renton, Washington, on April 5,
                                             paragraph (h) of this AD), in accordance with                                                                                 2017.
                                             the instructions of Airbus AOT A71L012–16,                         Airworthiness Directive 2017–0041, dated
                                             Revision 01, dated February 24, 2017.                              February 24, 2017; corrected February 28,                  Michael Kaszycki,
                                                                                                                2017, for related information. This MCAI                   Acting Manager, Transport Airplane
                                             (m) Parts and Engine Installation Prohibition                      may be found in the AD docket on the                       Directorate, Aircraft Certification Service.
                                                As of 4 months after April 17, 2017 (the                        Internet at http://www.regulations.gov by
                                                                                                                                                                           [FR Doc. 2017–07442 Filed 4–12–17; 8:45 am]
                                             effective date of this AD): Do not install on                      searching for and locating Docket No. FAA–
                                                                                                                2017–0245.                                                 BILLING CODE 4910–13–P
                                             any airplane an affected part (see paragraph
                                             (g) of this AD), or an engine having an                               (2) For more information about this AD,
                                             affected part installed.                                           contact Vladimir Ulyanov, Aerospace
                                                                                                                Engineer, International Branch, ANM–116,                   DEPARTMENT OF HOMELAND
                                             (n) Credit for Previous Actions                                    Transport Airplane Directorate, FAA, 1601                  SECURITY
                                                This paragraph provides credit for actions                      Lind Avenue SW., Renton, WA 98057–3356;
                                             required by paragraph (j) of this AD, if those                     telephone 425–227–1138; fax 425–227–1149.                  Coast Guard
                                             actions were performed before April 17, 2017                       Information may be emailed to: 9-ANM-116-
                                             (the effective date of this AD) using Airbus                       AMOC-REQUESTS@faa.gov.
                                             AOT A71L012–16, dated December 22, 2016.                              (3) Service information identified in this              33 CFR Part 100
                                                                                                                AD that is not incorporated by reference is                [Docket No. USCG–2017–0096]
                                             (o) Other FAA AD Provisions                                        available at the addresses specified in
                                                The following provisions also apply to this                     paragraphs (q)(4) and (q)(5) of this AD.                   RIN 1625–AA08
                                             AD:
                                                                                                                (q) Material Incorporated by Reference                     Special Local Regulation; Red Bull Air
                                                (1) Alternative Methods of Compliance
                                             (AMOCs): The Manager, International                                   (1) The Director of the Federal Register                Race—San Diego 2017; San Diego Bay,
                                             Branch, ANM–116, Transport Airplane                                approved the incorporation by reference                    CA
                                             Directorate, FAA, has the authority to                             (IBR) of the service information listed in this
                                             approve AMOCs for this AD, if requested                            paragraph under 5 U.S.C. 552(a) and 1 CFR                  AGENCY:    Coast Guard, DHS.
                                             using the procedures found in 14 CFR 39.19.                        part 51.                                                   ACTION:   Temporary final rule.
                                             In accordance with 14 CFR 39.19, send your                            (2) You must use this service information
                                             request to your principal inspector or local                       as applicable to do the actions required by                SUMMARY:   The Coast Guard is
                                             Flight Standards District Office, as                               this AD, unless this AD specifies otherwise.               temporarily establishing special local
nlaroche on DSK30NT082PROD with RULES




                                             appropriate. If sending information directly                          (3) The following service information was
                                                                                                                                                                           regulations for the Red Bull Air Race—
                                             to the International Branch, send it to ATTN:                      approved for IBR on April 17, 2017 (82 FR
                                             Vladimir Ulyanov, Aerospace Engineer,                              15985, March 31, 2017).                                    San Diego 2017 event held on the
                                             International Branch, ANM–116, Transport                              (i) Airbus Alert Operators Transmission                 navigable waters of San Diego Bay,
                                             Airplane Directorate, FAA, 1601 Lind                               (AOT) A71L012–16, Revision 01, dated                       California. This action is necessary to
                                             Avenue SW., Renton, WA 98057–3356;                                 February 24, 2017.                                         provide for the safety of life on
                                             telephone 425–227–1138; fax 425–227–1149.                             (ii) Reserved.                                          navigable waters during the event. This


                                        VerDate Sep<11>2014      13:13 Apr 12, 2017      Jkt 241001     PO 00000      Frm 00003      Fmt 4700     Sfmt 4700   E:\FR\FM\13APR1.SGM   13APR1


                                             17752              Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Rules and Regulations

                                             action will restrict vessel traffic in                  would be impracticable to delay this                  Below we summarize our analyses
                                             specific waters of San Diego Bay from                   rule to provide a full 30 days notice.                based on a number of these statutes and
                                             April 14, 2017, from 8:00 a.m. to 6:30                                                                        Executive orders and we discuss First
                                                                                                     III. Background, Purpose and Legal
                                             p.m., from April 15, 2017 from 10:00                                                                          Amendment rights of protestors.
                                                                                                     Basis
                                             a.m. to 6:00 p.m., and from April 16,                                                                         A. Regulatory Planning and Review
                                             2017 from 10:00 a.m. to 4:30 p.m. We                       The Red Bull Air Race—San Diego
                                             invite your comments on this                            2017 event will involve low flying                       E.O.s 12866 (‘‘Regulatory Planning
                                             rulemaking.                                             airplanes racing through a                            and Review’’) and 13563 (‘‘Improving
                                                                                                     predetermined course of inflatable                    Regulation and Regulatory Review’’)
                                             DATES: This rule is effective from April                pylons situated on anchored barges and                direct agencies to assess the costs and
                                             14, 2017 through April 16, 2017.                        positioned in certain portions of San                 benefits of available regulatory
                                             ADDRESSES: To view documents                            Diego Bay. The COTP San Diego has                     alternatives and, if regulation is
                                             mentioned in this preamble as being                     determined that potential hazards                     necessary, to select regulatory
                                             available in the docket, go to http://                  associated with the air race event would              approaches that maximize net benefits
                                             www.regulations.gov, type USCG–2017–                    be a safety concern for anyone intending              including potential economic,
                                             0096 in the ‘‘SEARCH’’ box and click                    to operate on certain waters of San                   environmental, public health and safety
                                             ‘‘SEARCH.’’ Click on Open Docket                        Diego Bay.                                            effects, distributive impacts, and equity.
                                             Folder on the line associated with this                    The purpose of this rulemaking is to               E.O.13563 emphasizes the importance
                                             rule.                                                   ensure the safety of event participants,              of quantifying both costs and benefits, of
                                             FOR FURTHER INFORMATION CONTACT: If                     spectators and transiting vessels on the              reducing costs, of harmonizing rules,
                                             you have questions on this rule, call or                navigable waters of San Diego Bay                     and of promoting flexibility. Executive
                                             email Lieutenant Robert D. Cole,                        before, during, and after the scheduled               Order 13771 (‘‘Reducing Regulation and
                                             Waterways Management, U.S. Coast                        event. 33 U.S.C. 1233, authorizes the                 Controlling Regulatory Costs’’), directs
                                             Guard Sector San Diego, Coast Guard;                    Coast Guard to establish and define                   agencies to reduce regulation and
                                             telephone 619–278–7656, email                           special local regulations to promote the              control regulatory costs and provides
                                             D11MarineEventsSD@uscg.mil.                             safety of life on navigable waters.                   that ‘‘for every one new regulation
                                                                                                                                                           issued, at least two prior regulations be
                                             SUPPLEMENTARY INFORMATION:                              IV. Discussion of the Rule
                                                                                                                                                           identified for elimination, and that the
                                             I. Table of Abbreviations                                 In this temporary final rule, the                   cost of planned regulations be prudently
                                                                                                     regulations in 33 CFR 100.1101 will be                managed and controlled through a
                                             DHS Department of Homeland Security                     temporarily inserted for Table 1, Item 19             budgeting process.’’
                                             FR Federal Register                                     of that section in order to reflect that the             The Office of Management and Budget
                                             NPRM Notice of Proposed Rulemaking                      special local regulation will be effective            (OMB) has not designated this rule a
                                             TFR Temporary Final Rule                                and enforced from April 14, 2017, from                significant regulatory action under
                                             BNM Broadcast Notice to Mariners                        8:00 a.m.to 6:30 p.m., from April 15,
                                             LNM Local Notice to Mariners
                                                                                                                                                           section 3(f) of Executive Order 12866.
                                             COTP Captain of the Port
                                                                                                     2017 from 10:00 a.m. to 6:00 p.m., and                Accordingly, the Office of Management
                                                                                                     from April 16, 2017 from 10:00 a.m. to                and Budget (OMB) has not reviewed it.
                                             II. Regulatory Information                              4:30 p.m. This addition is needed to                     As this rule is not a significant
                                                                                                     ensure that adequate regulations are in               regulatory action, this rule is exempt
                                                The Coast Guard is issuing this                      place to protect the safety vessels and               from the requirements of Executive
                                             temporary rule without prior notice and                 individuals that may be present in the                Order 13771. See OMB’s Memorandum
                                             opportunity to comment pursuant to                      regulated area. No other portion of Table             titled ‘‘Interim Guidance Implementing
                                             authority under section 4(a) of the                     1 of § 100.1101 or other provisions in                Section 2 of the Executive Order of
                                             Administrative Procedure Act (APA) (5                   § 100.1101 shall be affected by this                  January 30, 2017 titled ‘Reducing
                                             U.S.C. 553(b)). This provision                          regulation.                                           Regulation and Controlling Regulatory
                                             authorizes an agency to issue a rule                      The special local regulations are                   Costs’ ’’ (February 2, 2017).
                                             without prior notice and opportunity to                 necessary to provide for the safety of the               This regulatory action determination
                                             comment when the agency finds good                      crew, spectators, participants, and other             is based on the size, location, duration,
                                             cause that those procedures are                         vessels and users of the San Diego Bay                and time-of-day of the special local
                                             ‘‘impracticable, unnecessary, or contrary               waterway. Persons and vessels will be                 regulation. The Coast Guard will
                                             to the public interest.’’ Under 5 U.S.C.                prohibited from anchoring, blocking,                  publish a LNM, issue a BNM via VHF–
                                             553(b)(B), the Coast Guard finds that                   loitering, or impeding within this                    FM marine channel 16 that details the
                                             good cause exists for not publishing a                  regulated waterway unless authorized                  vessel restrictions of the regulated area,
                                             NPRM with respect to this rule as there                 by the COTP, or his designated                        and distribute a special local regulation
                                             is not enough time to complete notice                   representative, during the event times.               flyer for public use.
                                             and comment rulemaking before the                       Additionally, the Patrol Commander
                                             event is scheduled to take place due to                                                                       B. Impact on Small Entities
                                                                                                     (PATCOM) will control the movement
                                             specific event details that were not                    of all vessels within the regulated area                 The Regulatory Flexibility Act of 1980
                                             provided by the event sponsor in time.                  and will restrict vessels from entering               (RFA), 5 U.S.C. 601–612, as amended,
                                             For this reason, publishing an NPRM                     the regulated area. Before the effective              requires federal agencies to consider the
                                             would be impracticable.                                 period, the Coast Guard will publish                  potential impact of regulations on small
                                                We are issuing this rule, and under 5                information on the event in the weekly                entities during rulemaking. The term
                                             U.S.C. 553(d)(3), the Coast Guard finds                                                                       ‘‘small entities’’ comprises small
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                                                                                                     LNM. The regulatory text appears at the
                                             that good cause exists for making it                    end of this document.                                 businesses, not-for-profit organizations
                                             effective less than 30 days after                                                                             that are independently owned and
                                             publication in the Federal Register.                    V. Regulatory Analysis                                operated and are not dominant in their
                                             This rule is necessary for the safety of                  We developed this rule after                        fields, and governmental jurisdictions
                                             life on these navigable waters during the               considering numerous statutes and                     with populations of less than 50,000.
                                             airplane race. For the reasons above, it                Executive orders related to rulemaking.               The Coast Guard certifies under 5 U.S.C.


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                                                                Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Rules and Regulations                                                  17753

                                             605(b) that this rule will not have a                   levels of government. We have analyzed                G. Protest Activities
                                             significant economic impact on a                        this rule under that Order and
                                             substantial number of small entities.                   determined that it is consistent with the               The Coast Guard respects the First
                                             This rule will affect the following                     fundamental federalism principles and                 Amendment rights of protesters.
                                             entities, some of which may be small                    preemption requirements described in                  Protesters are asked to contact the
                                             entities: The owners or operators of                    E.O. 13132.                                           person listed in the FOR FURTHER
                                             vessels intending to transit or anchor in                                                                     INFORMATION CONTACT section to
                                                                                                        Also, this rule does not have tribal
                                             the impacted portion of San Diego Bay,                                                                        coordinate protest activities so that your
                                             CA, from April 14, 2017, from 8:00                      implications under Executive Order
                                                                                                                                                           message can be received without
                                             a.m.to 6:30 p.m., from April 15, 2017                   13175, Consultation and Coordination
                                                                                                                                                           jeopardizing the safety or security of
                                             from 10:00 a.m. to 6:00 p.m., and from                  with Indian Tribal Governments,
                                                                                                                                                           people, places or vessels.
                                             April 16, 2017 from 10:00 a.m. to 4:30                  because it would not have a substantial
                                             p.m.                                                    direct effect on one or more Indian                   List of Subjects in 33 CFR Part 100
                                                This rule will not have a significant                tribes, on the relationship between the
                                                                                                     Federal Government and Indian tribes,                   Marine safety, Navigation (water),
                                             economic impact on a substantial
                                             number of small entities for the                        or on the distribution of power and                   Reporting and recordkeeping
                                             following reasons: Vessel traffic will be               responsibilities between the Federal                  requirements, Waterways.
                                             allowed to pass through the area with                   Government and Indian tribes. If you                    For the reasons discussed in the
                                             permission of the COTP, or his                          believe this rule has implications for                preamble, the Coast Guard amends 33
                                             designated representative, during a                     federalism or Indian tribes, please                   CFR part 100 as follows:
                                             predefined schedule arranged by the                     contact the person listed in the FOR
                                             event sponsor, and the special local                    FURTHER INFORMATION CONTACT section                   PART 100—SAFETY OF LIFE ON
                                             regulation is limited in size and                       above.                                                NAVIGABLE WATERS
                                             duration. The Coast Guard will issue
                                             maritime advisories widely available to                 E. Unfunded Mandates Reform Act
                                                                                                                                                           ■ 1. The authority citation for part 100
                                             all waterway users. Before the effective                                                                      continues to read as follows:
                                                                                                       The Unfunded Mandates Reform Act
                                             period, the Coast Guard will publish
                                                                                                     of 1995 (2 U.S.C. 1531–1538) requires                     Authority: 33 U.S.C. 1233.
                                             event information on the internet in the
                                                                                                     Federal agencies to assess the effects of
                                             weekly LNM marine information report.                                                                         ■ 2. In § 100.1101, at the end of Table
                                                                                                     their discretionary regulatory actions. In
                                             If you think that your business,                                                                              1 to § 100.1101, add item ‘‘19’’ to read
                                                                                                     particular, the Act addresses actions
                                             organization, or governmental                                                                                 as follows:
                                             jurisdiction qualifies as a small entity                that may result in the expenditure by a
                                             and that this rule would have a                         State, local, or tribal government, in the
                                                                                                                                                           § 100.1101 Southern California Annual
                                             significant economic impact on it,                      aggregate, or by the private sector of                Marine Events for the San Diego Captain of
                                             please submit a comment (see                            $100,000,000 (adjusted for inflation) or              the Port Zone.
                                             ADDRESSES) explaining why you think it                  more in any one year. Though this rule
                                                                                                     will not result in such an expenditure,               *        *        *      *       *
                                             qualifies and how and to what degree
                                             this rule would economically affect it.                 we do discuss the effects of this rule
                                                                                                     elsewhere in this preamble.                                        TABLE 1 TO § 100.1101
                                                Under section 213(a) of the Small
                                             Business Regulatory Enforcement                         F. Environment
                                             Fairness Act of 1996 (Pub. L. 104–121),                                                                            *            *          *         *         *
                                             we want to assist small entities in                       We have analyzed this rule under
                                             understanding this rule. If the rule                    Department of Homeland Security                           19. Red Bull Air Race—San Diego 2017
                                             would affect your small business,                       Management Directive 023–01 and
                                             organization, or governmental                           Commandant Instruction M16475.lD,                      Sponsor .........      Mountain Sports International
                                             jurisdiction and you have questions                     which guide the Coast Guard in                         Event Descrip-         Airplane Race.
                                             concerning its provisions or options for                complying with the National                              tion.
                                             compliance, please contact the person                   Environmental Policy Act of 1969 (42                   Date ...............   April 14, 2017 through April
                                             listed in the FOR FURTHER INFORMATION                   U.S.C. 4321–4370f), and have                                                    16, 2017.
                                             CONTACT section. The Coast Guard will                                                                          Location .........     San Diego Bay, CA.
                                                                                                     determined that this action is one of a
                                             not retaliate against small entities that                                                                      Regulated              The navigable waters of San
                                                                                                     category of actions that do not                          Area.                  Diego Bay bound within
                                             question or complain about this rule or                 individually or cumulatively have a                                             these coordinates (NAD
                                             any policy or action of the Coast Guard.                significant effect on the human                                                 83):
                                             C. Collection of Information                            environment. This rule involves                                               32°42′41″ N., 117°10′33″ W.
                                                                                                     establishment of marine event special                                         32°42′14″ N., 117°10′50″ W.
                                               This rule calls for no new collection                                                                                               32°41′37″ N., 117°09′51″ W.
                                             of information under the Paperwork                      local regulations on the navigable
                                                                                                     waters of San Diego Bay. It is                                                32°41′56″ N., 117°09′29″ W.
                                             Reduction Act of 1995 (44 U.S.C. 3501–
                                             3520).                                                  categorically excluded from further
                                                                                                     review under paragraph 34(h) of Figure                  Dated: March 29, 2017.
                                             D. Federalism and Indian Tribal                         2–1 of the Commandant Instruction. A                  J.R. Buzzella,
                                             Government                                              Record of Environmental Consideration                 Captain, U.S. Coast Guard, Captain of the
                                                A rule has implications for federalism               (REC) supporting this determination is
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                                                                                                                                                           Port San Diego.
                                             under E.O. 13132, Federalism, if it has                 available in the docket where indicated               [FR Doc. 2017–07517 Filed 4–12–17; 8:45 am]
                                             a substantial direct effect on the States,              under the ADDRESSES section of this
                                                                                                                                                           BILLING CODE 9110–04–P
                                             on the relationship between the national                preamble. We seek any comments or
                                             government and the States, or on the                    information that may lead to the
                                             distribution of power and                               discovery of a significant environmental
                                             responsibilities among the various                      impact from this rule.


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Document Created: 2017-04-13 01:08:45
Document Modified: 2017-04-13 01:08:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from April 14, 2017 through April 16, 2017.
ContactIf you have questions on this rule, call or email Lieutenant Robert D. Cole, Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, email [email protected]
FR Citation82 FR 17751 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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