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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Rules and Regulations DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket Number USCG20210749
RIN 1625AA08

Special Local Regulation; Oceanside Harbor, Oceanside, CA
Coast Guard, Department of Homeland Security DHS.
ACTION: Temporary final rule.
AGENCY:

The Coast Guard is establishing a temporary special local regulation on the waters offshore Oceanside and within Oceanside Harbor, California, during the Ironman 70.3 Oceanside marine event. This action is necessary to provide for the safety of the participants, crew, spectators, sponsor vessels of the triathlon, and general users of the waterway. This rule would prohibit persons and vessels from entering into, transiting through, anchoring, blocking, or loitering within the event area unless authorized by the Captain of the Port San Diego or a designated representative.

SUMMARY:

This rule is effective from 5:30
a.m. to 10:30 a.m., on October 30, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0749 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 Lieutenant Commander John Santorum, Waterways Management, U.S. Coast Guard Sector San Diego, CA;
telephone 619 2787656, email D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Table of Abbreviations
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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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. This provision
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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.
553bB, 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 special local regulation by October 30, 2021. The Coast Guard was given short notice from the event sponsor that the date of the the event would differ from the existing annual marine event as outlined in 33
CFR 100.1101, Table 1 to 100.1101, Item No. 2. Therefore, it is impracticable to publish an NPRM because we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule.
This regulation is necessary to ensure the safety of life on the navigable waters offshore Oceanside and within Oceanside Harbor during the marine event.
Under 5 U.S.C. 553d3, 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 contrary to public interest because immediate action is needed to ensure the safety of life on the navigable waters offshore Oceanside and within Oceanside Harbor during the marine event on October 30, 2021.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041
previously 33 U.S.C. 1236. The Captain of the Port Sector San Diego COTP has determined that a large amount of swimmers offshore Oceanside and within Oceanside Harbor associated with the Ironman 70.3
Oceanside marine event on October 30, 2021, poses a potential safety concern.
This rule is needed to protect persons, vessels, and the marine environment in the navigable waters offshore Oceanside and within Oceanside Harbor while the event is occurring.
IV. Discussion of the Rule This rule establishes a special local regulation from 5:30 a.m. to 10:30 a.m.
on October 30, 2021. This special local regulation will cover all navigable waters, from surface to bottom, on a predetermined course offshore Oceanside and within Oceanside Harbor, California, beginning at the starting point of the event at Oceanside Harbor Beach, proceeding southwest to the first turn marker, continuing northwest past the jetty, proceeding northeast through
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the harbor channel, then southeast into Oceanside Harbor before concluding at the finish line within Oceanside Harbor.
The duration of the temporary special local regulation is intended to ensure the safety of vessels, event participants, and these navigable waters during the scheduled marine event. No vessel or person would be permitted to enter the regulated area without obtaining permission from the COTP or a designated representative. The regulatory text appears at the end of this document.
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 regulated area.
The affected portion of the navigable waterway offshore Oceanside and in Oceanside Harbor will be of very limited duration, during morning hours when vessel traffic is historically low and is necessary for safety of life to participants in the event. Moreover, the Coast Guard would make a post in the Local Notice to Mariners with details on the regulated area, as well as, issue a Safety Marine Information Broadcast over Channel 22A.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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.
605b that this rule will not have a significant economic impact on a substantial number of small entities.

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