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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
Point in Duluth, MN extending 100
yards from the four 4 barges placed across the waterway.
b Regulations. 1 In accordance with the general regulations in 165.23
of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port COTP Duluth or a designated on-scene representative.
2 This safety zone is closed to all vessel traffic, except as may be permitted by the COTP Duluth or a designated on-scene representative.
3 The on-scene representative of the COTP Duluth is any Coast Guard commissioned, warrant or petty officer who has been designated by the COTP
Duluth to act on his behalf.
4 To seek permission to enter, contact the COTP Duluth or the COTP
Duluths representative by contacting Station Duluth at 2185293100. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTPs designated representative.
c Enforcement periods. This section will be enforced from 9 a.m. through 4
p.m. daily from February 25, 2021
through March 5, 2021.
Dated: February 17, 2021.
Frances M. Smith, Commander, U.S. Coast Guard, Captain of the Port Duluth.
FR Doc. 202103536 Filed 22321; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210070
RIN 1625AA87

Security Zone; San Diego Bay, San Diego, CA
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary security zone for navigable waters in the vicinity of U.S. Coast Guard Sector San Diego, CA.
The security zone is necessary to protect the official party and the surrounding waterway and structures from terrorist acts, sabotage or other subversive acts, accidents or other causes of a similar nature. Entering, transiting through, anchoring in, or remaining within this security zone is prohibited unless authorized by the Captain of the Port Sector San Diego or a designated representative.

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SUMMARY:

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This rule is effective from 6 a.m.
on March 10, 2021 through 6 p.m. on March 11, 2021. This rule will be enforced from 6 a.m. through 6 p.m. on each of these dates.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0070 in the SEARCH box and click SEARCH. Click on Open Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant John Santorum, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone 6192787656, email D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:

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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, 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 contrary to the public interest.
Providing a public notice and comment period would be contrary to the security zones intended objective of protecting the official party and the public.
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 is contrary to the public interest because the Coast Guard must establish this security zone by March 10, 2021 to ensure the safety and security during the officials visit.
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 Sector San Diego
PO 00000

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COTP has determined that the officials visit presents a potential target for terrorist acts, sabotage, or other subversive acts, accidents, or other causes of a similar nature. Given the close proximity of the waterways to the officials visit site, this security zone is necessary to protect the official party, the public, and the surrounding waterways in the vicinity of U.S. Coast Guard Sector San Diego.
IV. Discussion of the Rule This rule establishes a security zone from 6 a.m. on March 10, 2021 through 6 p.m. on March 11, 2021. The security zone will be enforced from 6 a.m.
through 6 p.m. on both of these dates.
The security zone will cover all navigable waters of the San Diego Bay bound landward of a line by connecting the following points: Beginning at latitude 324337.2 N, longitude 1171045.0 W point A; thence southeasterly to latitude 324336.2 N, longitude 1171041.5 W point B;
thence southwesterly to latitude 324320.2 N, longitude 1171049.5 W
point C; thence northwesterly to latitude 324325.7 N, longitude 1171104.6 W point D; thence northeasterly to latitude 324335.7 N, longitude 1171059.5 W point E;
thence generally easterly along the air station boundary to the point of beginning point A. No vessel may enter, transit through, anchor in, or remain in the zone during its enforcement unless permission is obtained from the COTP or a designated representative. The duration of the zone is intended to protect the Commandant and the Commandants party in the vicinity of this waterway.
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.
Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. 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, and
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