Proposed Rule2025-05865
Special Local Regulation; San Diego and Mission Bay, San Diego, CA
Primary source
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Published
April 4, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to update and amend its special local regulations for recurring marine events in the San Diego Captain of the Port Zone. This rulemaking proposes changes to accurately reflect the dates of existing recurring marine events in the Sector San Diego area of responsibility (AOR).
Full Text
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<title>Federal Register, Volume 90 Issue 64 (Friday, April 4, 2025)</title>
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[Federal Register Volume 90, Number 64 (Friday, April 4, 2025)]
[Proposed Rules]
[Pages 14739-14741]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05865]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0899]
RIN 1625-AA08
Special Local Regulation; San Diego and Mission Bay, San Diego,
CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to update and amend its special
local regulations for recurring marine events in the San Diego Captain
of the Port Zone. This rulemaking proposes changes to accurately
reflect the dates of existing recurring marine events in the Sector San
Diego area of responsibility (AOR).
DATES: Comments and related material must be received by the Coast
Guard on or before May 5, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0899 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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#024f63706b6c674774676c7671514642777161652c6f6b6e"><span class="__cf_email__" data-cfemail="3f725e4d56515a7a495a514b4c6c7b7f4a4c5c5811525653">[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, Purpose, and Legal Basis
The Captain of the Port Sector San Diego (COTP) proposes to amend
the current table of recurring special local regulations for marine
events, found in Table 1 to 33 CFR 100.1101. The proposed rule would
ensure that the table reflects the most current information regarding
recurring marine events in the Sector San Diego AOR. Table 1 to 33 CFR
100.1101 requires amendments to three existing special local
regulations, changing the effective dates of the regulations to
accurately reflect when the events are taking place. The Coast Guard's
authority for establishing a special local regulation is contained in
46 U.S.C. 70041(a).
III. Discussion of Proposed Rule
This rule proposes to make the following changes in Table 1 to 33
CFR 100.1101:
1. Changing the effective date of Item 3 (San Diego Crew Classic)
to ``a weekend in March or April.''
2. Changing the effective date of Item 7 (San Diego Sharkfest Swim)
to ``a weekend in September or October.''
3. Changing the effective date of Item 17 (San Diego Fleet Week
Veterans Day Boat Parade) to ``one day in November on or around
Veterans Day.''
The marine events listed in Table 1 to 33 CFR 100.1101 are listed
as recurring over a particular time, during each month and each year.
Exact dates are intentionally omitted since calendar dates for specific
events change from year to year. Once dates for a marine event are
known, the Coast Guard notifies the public it intends to enforce the
special local regulation through various means including a notification
of enforcement published in the Federal Register, Local Notice of
Mariners, and Broadcast Notice to Mariners.
IV. Regulatory Analyses
We developed this proposed 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.
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 NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the special local regulations. These areas
are limited in size and duration, and typically have minimal impact to
vessel traffic on the navigable waterway. In addition, the Coast Guard
would provide advance notice of the regulated areas via Local Notice to
Mariners and Broadcast Notice to Mariners. The rule would allow vessels
to seek permission to enter 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
proposed rule would 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 regulations may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it
[[Page 14740]]
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves revising
existing regulations for recurring marine events in the Sector San
Diego AOR. Normally such actions are categorically excluded from
further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. For instructions on locating
the docket, see 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 proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0899 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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. In Sec. 100.1101, amend Table 1 to Sec. 100.1101, by revising
items 3, 7, and 17, to read as follows:
Sec. 100.1101 Southern California Annual Marine Events for the San
Diego Captain of the Port Zone.
* * * * *
[[Page 14741]]
Table 1 to Sec. 100.1101
* * * * *
* * * * * * *
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3. San Diego Crew Classic
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Sponsor............................... San Diego Crew Classic.
Event Description..................... Competitive rowing race.
Date.................................. A weekend in March or April.
Location.............................. Mission Bay, San Diego, CA.
Regulated Area........................ The waters of Mission Bay to
include South Pacific Passage,
Fiesta Bay, and the waters
around Vacation Isle.
* * * * * * *
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7. San Diego Sharkfest Swim
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Sponsor............................... Enviro-Sports Productions Inc.
Event Description..................... Swim race.
Date.................................. A weekend in September or
October.
Location.............................. San Diego Bay, CA.
Regulated Area........................ The waters of San Diego Bay, CA,
from Seaport Village to
Coronado Ferry Landing.
* * * * * * *
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17. San Diego Fleet Week Veterans Day Boat Parade
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Sponsor............................... San Diego Fleet Week Foundation.
Event Description..................... SS Boat parade.
Date.................................. One day in November on or around
Veterans Day.
Location.............................. San Diego Bay, CA.
Regulated Area........................ All waters of San Diego Bay,
from surface to bottom,
beginning at Shelter Island,
proceeding northeast to Harbor
Island, proceeding southeast
along the shoreline to Tenth
Avenue Marine Terminal,
crossing the Federal navigable
channel prior to the Coronado
Bridge, then northwest along
the shoreline of Coronado
Island to the Coronado Ferry
Landing.
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P.C. Dill,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2025-05865 Filed 4-3-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 4, 2025.
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.