Federal Register - March 10, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations Need for Correction As published the final regulations TD
9936 that contain errors that need to be corrected.
Correction of Publication Accordingly, the final regulations TD
9936 that are the subject of FR Doc.
202027009, which published on January 15, 2021 86 FR 4516, are corrected as follows:
1. On page 4532, the third column, the ninth line from the bottom of the last partial paragraph, the language claims is corrected to read claims,.
2. On page 4534, the third column, the tenth line from the bottom of the first partial paragraph, the language 1000 is corrected to read 1,000.
3. On page 4541, the third column, the last line of the third paragraph by removing the language Id..
4. On page 4553, the second column, the last line of the first full paragraph, the language X is corrected to read 15451002.
Crystal Pemberton, Senior Federal Register Liaison, Legal Processing Division, Associate Chief Counsel Procedure and Administration.
FR Doc. 202104790 Filed 3921; 8:45 am BILLING CODE 483001P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210133
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 all navigable waters within a 200yard radius of the U.S. Coast Guard Cutter USCGC BERTHOLF while berthed at 10th Avenue Marine Terminal in San Diego, CA. The security zone is needed to protect the military vessel, personnel in and around the military vessel, navigable waterways, and waterfront facilities. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port San Diego.
DATES: This rule is effective from 8:30
a.m. until 10:30 a.m. on March 10, 2021.
ADDRESSES: To view documents mentioned in this preamble as being SUMMARY:
VerDate Sep<11>2014
16:13 Mar 09, 2021
Jkt 253001
available in the docket, go to https
www.regulations.gov, type USCG2021
0133 in the SEARCH box and click SEARCH. Click on Open Docket Folder on the line associated with this rule.
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 MarineEventsSD@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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 impracticable based on the unpredictable nature of vessel operations and the fact that details of the port call were not finalized until March 3, 2021. This security zone is required to protect the military vessel, personnel in and around the military vessel, navigable waterways, and waterfront facilities while the vessel is docked at the 10th Avenue Marine Terminal. It is impracticable to publish an NPRM because we must establish this security zone by March 10, 2021.
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 impracticable because the security zone is needed on March 10, 2021 to provide for the security of the military vessel, personnel in and around the military vessel, navigable waterways, and waterfront facilities while the vessel is docked at the 10th Avenue Marine Terminal.
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III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector San Diego COTP has determined that the presence of the military vessel at this location presents a potential target for terrorist attack, sabotage, or other subversive acts, accidents, or other causes of similar nature. This rule is needed to protect the military vessel, personnel in and around the military vessel, navigable waterways, and waterfront facilities while the vessel is docked at the 10th Avenue Marine Terminal.
IV. Discussion of the Rule This rule establishes a security zone from 8:30 a.m. until 10:30 a.m. on March 10, 2021. The security zone will cover all navigable waters within a 200yard radius around the USCGC
BERTHOLF while berthed at 10th Avenue Marine Terminal in San Diego, CA. The duration of the zone is intended to protect the military vessel, personnel in and around the military vessel, navigable waterways, and waterfront facilities while the vessel is docked at the 10th Avenue Marine Terminal. No vessel or person will be permitted to enter the security zone without obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking.
Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review Executive Orders 12866 and 13563
direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits.
This rule has not been designated a significant regulatory action, under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget OMB.
This regulatory action determination is based on the size, location, and limited duration of the security zone.
This zone impacts a small designated area of the San Diego Bay for a very limited period. Furthermore, vessel traffic can safely transit around the security zone.
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