Rule2024-26130
Special Local Regulation; San Diego Bay, San Diego, CA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 8, 2024
Effective
November 11, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation (SLR) for the San Diego Fleet Week Veterans Day Boat Parade that will be held on the waters of San Diego Bay, California. This action is necessary to provide for the safety of the participants, crew, spectators, sponsor vessels, and general users of the waterway during the event on November 11, 2024. This special local regulation temporarily encompasses all navigable waters, from surface to bottom, on a pre-determined course in the northern portion of the San Diego Bay Federal Channel.
Full Text
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<title>Federal Register, Volume 89 Issue 217 (Friday, November 8, 2024)</title>
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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Rules and Regulations]
[Pages 88646-88647]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26130]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0877]
RIN 1625-AA08
Special Local Regulation; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) for the San Diego Fleet Week Veterans Day Boat Parade
that will be held on the waters of San Diego Bay, California. This
action is necessary to provide for the safety of the participants,
crew, spectators, sponsor vessels, and general users of the waterway
during the event on November 11, 2024. This special local regulation
temporarily encompasses all navigable waters, from surface to bottom,
on a pre-determined course in the northern portion of the San Diego Bay
Federal Channel.
DATES: This rule is effective from 9 a.m. to 11:30 a.m. on November 11,
2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0877 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Shelley Turner, Waterways Management, U.S.
Coast Guard Sector San Diego, CA; telephone (619) 278-7656, email
<a href="/cdn-cgi/l/email-protection#135e72617a7d765665767d6760405753666070743d7e7a7f"><span class="__cf_email__" data-cfemail="622f03100b0c072714070c1611312622171101054c0f0b0e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is
impracticable. The Coast Guard did not receive sufficient notice of the
parade in time to publish an NPRM. As such, 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.
Also, under 5 U.S.C. 553(d)(3), 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 of San
Diego Bay during the marine event on November 11, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port (COTP) Sector San Diego has determined
that potential hazards associated with the parade will be a safety
concern for anyone within the vicinity of the parade route. This rule
is needed to protect personnel, vessels, spectators, and the marine
environment in the navigable waters of the San Diego Bay in the
vicinity of the marine event during the enforcement period of this
rule.
IV. Discussion of the Rule
This rule establishes a special local regulation from 9 a.m. until
11:30 a.m. on November 11, 2024. The SLR will cover all navigable
waters on a pre-determined course in the northern portion of the San
Diego Main Ship Channel from Shelter Island Basin, past the
Embarcadero, crossing the federal navigable channel and ending off
Coronado Island. The duration of the SLR is intended to protect
personnel, vessels, spectators, and the marine environment in these
navigable waters before, during, and after the event is scheduled to
occur. During the enforcement period, persons and vessels are
prohibited from anchoring, blocking, loitering, or impeding within this
regulated area unless authorized by the Captain of the Port, or his
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on size, location,
duration, and time-of-day of the special local regulation. This action
will affect only the northern portion of the San Diego Bay Federal
Channel for two and a half hours. Vessels will still be able to transit
the area outside of the regulated area and request permission to enter,
as needed. The Coast Guard will publish a Local Notice to Mariners and
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
that details the vessel restrictions of the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a
[[Page 88647]]
significant economic impact on any vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 a
special local regulation lasting less than three hours that will
prohibit entry into a regulated area to non-participants of a marine
parade. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T1199-0877 to read as follows:
Sec. 100.T1199-0877 San Diego Fleet Week Veterans Day Boat Parade,
San Diego Bay, California.
(a) Regulated area. The regulations in this section apply to the
following area:
(1) Parade Area: All navigable waters, from surface to bottom, on a
pre-determined course in the northern portion of the San Diego Main
Ship Channel from Shelter Island Basin, past the Embarcadero, crossing
the federal navigable channel and ending off Coronado Island.
(2) [Reserved]
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Sector San Diego
(COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as participants in the parade.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Sector San Diego or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling the Sector San Diego JHOC at 619-278-7033.
Those in the regulated area, including participants, must comply with
all lawful orders or directions given to them by the COTP or the
designated representative.
(3) The COTP will provide notice of the regulated areas through
advanced notice via Broadcast Notice to Mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 9 a.m.
through 11:30 a.m. on Monday, November 11, 2024.
Dated: November 5, 2024.
P.C. Dill,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2024-26130 Filed 11-7-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 8, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.