Safety Zone; San Diego Tri-Rock Triathlon; San Diego Bay, San Diego, CA, 52561-52563 [2014-21036]

Download as PDF Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone. (b) Regulation. No vessel may enter or remain in this safety zone except the following: (1) An attending vessel; (2) A vessel under 100 feet in length overall not engaged in towing; or (3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative. are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 147 Continental shelf, Marine safety, Navigation (water). For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 147 as follows: PART 147—SAFETY ZONES 1. The authority citation for part 147 continues to read as follows: ■ § 147.857 Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and Department of Homeland Security Delegation No. 0170.1. 2. Add § 147.851, § 147.853, § 147.855, and § 147.857 to read as follows: ■ § 147.851 Jack St. Malo Semi-Sub Facility Safety Zone. (a) Description. The Jack St. Malo Semi-Sub facility is in the deepwater area of the Gulf of Mexico at Walker Ridge block 718. The facility is located at 26°14′5.94″ N, 91°15′39.99″ W and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone. (b) Regulation. No vessel may enter or remain in this safety zone except the following: (1) An attending vessel; (2) A vessel under 100 feet in length overall not engaged in towing; or (3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative. § 147.853 Petronius Compliant Tower Facility Safety Zone. mstockstill on DSK4VPTVN1PROD with RULES § 147.855 Blind Faith Semi-Sub Facility Safety Zone. (a) Description. The Blind Faith SemiSub facility is in the deepwater area of the Gulf of Mexico at Mississippi Canyon Block 650. The facility is located at 28°20′29.5279″ N/ ¥88°15′56.4728″ W and the area within 16:31 Sep 03, 2014 Jkt 232001 Dated: August 6, 2014. Kevin S. Cook, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2014–20986 Filed 9–3–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard (a) Description. The Petronius Compliant Tower facility is in the deepwater area of the Gulf of Mexico at Viosca Knoll Block 786. The facility is located at 28°13′44″ N/¥87°47′51″ W and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone. (b) Regulation. No vessel may enter or remain in this safety zone except the following: (1) An attending vessel; (2) A vessel under 100 feet in length overall not engaged in towing; or (3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative. VerDate Mar<15>2010 Tahiti SPAR Facility Safety Zone. (a) Description. The Tahiti SPAR facility is in the deepwater area of the Gulf of Mexico at Tahiti SPAR. The facility is located at 27°19′33.3″ N/ ¥90°42′50.9″ W and the area within 500 meters (1640.4 feet) from each point on the facility structure’s outer edge is a safety zone. (b) Regulation. No vessel may enter or remain in this safety zone except the following: (1) An attending vessel; (2) A vessel under 100 feet in length overall not engaged in towing; or (3) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative. 33 CFR Part 165 [Docket No. USCG–2014–0600] RIN 1625–AA00 Safety Zone; San Diego Tri-Rock Triathlon; San Diego Bay, San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone within the navigable waters of San Diego Bay in San Diego, CA in support of the San Diego Tri-Rock Triathlon. This safety zone is necessary to provide for the safety of the swimmers, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. SUMMARY: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 52561 This rule is effective from 6:30 a.m. to 10:30 a.m. on September 21, 2014. DATES: Documents mentioned in this preamble are part of docket [USCG– 2014–0600]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Giacomo Terrizzi, Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619–278–7656, email d11marineeventssandiego@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: ADDRESSES: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). 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. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because an NPRM would be impracticable. The San Diego TriRock Triathlon event occurs annually in San Diego Bay off the East Basin of Embarcadero Park South in San Diego, CA. This annual marine event is listed in Table 1 to 33 CFR 100.1101, item 11. In that regulation, the event’s date is listed as a ‘‘Saturday in September.’’ The Coast Guard is issuing this rule without prior notice because the Coast Guard did not learn until E:\FR\FM\04SER1.SGM 04SER1 52562 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations recently that the event will not be held on a Saturday in September but will be held on Sunday, September 21, 2014. When this information came to light, the Coast Guard did not have enough time to draft, publish, and receive public comment on an NPRM. As such, the event would occur before the rulemaking process was complete. Immediate action is needed to help protect the safety of the swimmers, crew, spectators, and participating vessels from other vessels during this one day event. Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Any delay in the effective date of this rule would be contrary to the public interest, because immediate action is necessary to protect the safety of the swimmers from the dangers associated with other vessels transiting this area while the race occurs. mstockstill on DSK4VPTVN1PROD with RULES B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to propose, establish, and define regulatory safety zones. Competitor Group, Inc is sponsoring the San Diego Tri-Rock Triathlon, which will involve 1800 swimmers. The safety zone will encompass the navigable waters adjacent to South Embarcadero Park. This temporary safety zone is necessary to provide for the safety of the swimmers, crew, spectators, sponsor vessels, other vessels, and users of the waterway. C. Discussion of the Final Rule The Coast Guard is establishing a safety zone that will be enforced from 6:30 a.m. to 10:30 a.m. on September 21, 2014. The limits of the safety zone will encompass the navigable waters adjacent to South Embarcadero Park within the following positions: 32°42′14.4″ N, 117°10′01.2″ W 32°42′17.4″ N, 117°09′58.8″ W 32°42′00.9″ N, 117°09′42.6″ W 32°42′02.9″ N, 117°09′40.6″ W The safety zone is necessary to provide for the safety of the swimmers, crew, spectators, and other vessels and users of the waterway. Persons and vessels will be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 his designated representative. Before the effective period, the Coast Guard will publish a local notice to mariners (LNM). D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. This determination is based on the size, location, and the limited duration of the safety zone. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in the impacted portion of San Diego Bay from 6:30 a.m. to 10:30 a.m. on September 21, 2014. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. The safety zone would only apply to a small area of San Diego Bay, located off of south Embarcadero Park south. Also traffic would be allowed to pass through the zone with the permission of the Captain of the Port, or his designated representative. Before the effective period, the Coast Guard will publish a Local Notice to Mariners. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 3. Assistance for Small Entities 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 contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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. 4. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). 5. Federalism 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 determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INTFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. 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 E:\FR\FM\04SER1.SGM 04SER1 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 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. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. 11. Indian Tribal Governments 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. mstockstill on DSK4VPTVN1PROD with RULES 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have determined that this action is one VerDate Mar<15>2010 16:31 Sep 03, 2014 Jkt 232001 of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishment of a safety zone on the navigable waters of San Diego Bay. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 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 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T11–653 to read as follows: ■ § 165.T11–653 Safety zone; San Diego TriRock Triathlon; San Diego Bay, San Diego, CA. (a) Location. The limits of the safety zone will encompass the navigable waters adjacent to South Embarcadero Park within the following positions: 32°42′14.4″ N, 117°10′01.2″ W 32°42′17.4″ N, 117°09′58.8″ W 32°42′00.9″ N, 117°09′42.6″ W 32°42′02.9″ N, 117°09′40.6″ W (b) Enforcement Period. This safety zone will be enforced on September 21, 2014 from 6:30 a.m. to 10:30 a.m. (c) Definitions. The following definition applies to this section: Designated representative, means any commissioned, warrant, or petty officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, or local, state, and federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) Entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port of San Diego or his designated representative. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 52563 (2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or his designated representative. (3) Upon being hailed by U.S. Coast Guard or designated patrol personnel by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (4) The Coast Guard may be assisted by other federal, state, or local agencies. Dated: August 18, 2014. J.S. Spaner, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2014–21036 Filed 9–3–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9 and 721 [EPA–HQ–OPPT–2014–0277 and EPA–HQ– OPPT–2014–0166; FRL–9915–69] RIN 2070–AB27 Significant New Use Rule on Certain Chemical Substances; Withdrawal of Significant New Use Rules Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for chemical substances which were the subject of premanufacture notices (PMNs). EPA published these SNURs using direct final rulemaking procedures. EPA received notices of intent to submit adverse comments on these rules. Therefore, the Agency is withdrawing these SNURs, as required under the expedited SNUR rulemaking process. EPA intends to publish in the near future proposed SNURs for these six chemical substances under separate notice and comment procedures. DATES: This final rule is effective September 8, 2014. ADDRESSES: The dockets for this action, identified by docket identification (ID) numbers EPA–HQ–OPPT–2014–0277 and EPA–HQ–OPPT–2014–0166, are available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday SUMMARY: E:\FR\FM\04SER1.SGM 04SER1

Agencies

[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Rules and Regulations]
[Pages 52561-52563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21036]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0600]
RIN 1625-AA00


Safety Zone; San Diego Tri-Rock Triathlon; San Diego Bay, San 
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone within 
the navigable waters of San Diego Bay in San Diego, CA in support of 
the San Diego Tri-Rock Triathlon. This safety zone is necessary to 
provide for the safety of the swimmers, crew, spectators, participating 
vessels, and other vessels and users of the waterway. Persons and 
vessels are prohibited from entering into, transiting through, or 
anchoring within this safety zone unless authorized by the Captain of 
the Port, or his designated representative.

DATES: This rule is effective from 6:30 a.m. to 10:30 a.m. on September 
21, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0600]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Giacomo Terrizzi, Waterways Management, 
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, 
email d11marineeventssandiego@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). 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. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because an NPRM would be impracticable. The 
San Diego TriRock Triathlon event occurs annually in San Diego Bay off 
the East Basin of Embarcadero Park South in San Diego, CA. This annual 
marine event is listed in Table 1 to 33 CFR 100.1101, item 11. In that 
regulation, the event's date is listed as a ``Saturday in September.'' 
The Coast Guard is issuing this rule without prior notice because the 
Coast Guard did not learn until

[[Page 52562]]

recently that the event will not be held on a Saturday in September but 
will be held on Sunday, September 21, 2014. When this information came 
to light, the Coast Guard did not have enough time to draft, publish, 
and receive public comment on an NPRM. As such, the event would occur 
before the rulemaking process was complete. Immediate action is needed 
to help protect the safety of the swimmers, crew, spectators, and 
participating vessels from other vessels during this one day event.
    Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register. Any delay 
in the effective date of this rule would be contrary to the public 
interest, because immediate action is necessary to protect the safety 
of the swimmers from the dangers associated with other vessels 
transiting this area while the race occurs.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; 
and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory safety zones. Competitor Group, Inc is sponsoring the 
San Diego Tri-Rock Triathlon, which will involve 1800 swimmers. The 
safety zone will encompass the navigable waters adjacent to South 
Embarcadero Park. This temporary safety zone is necessary to provide 
for the safety of the swimmers, crew, spectators, sponsor vessels, 
other vessels, and users of the waterway.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone that will be enforced 
from 6:30 a.m. to 10:30 a.m. on September 21, 2014. The limits of the 
safety zone will encompass the navigable waters adjacent to South 
Embarcadero Park within the following positions:
32[deg]42'14.4'' N, 117[deg]10'01.2'' W
32[deg]42'17.4'' N, 117[deg]09'58.8'' W
32[deg]42'00.9'' N, 117[deg]09'42.6'' W
32[deg]42'02.9'' N, 117[deg]09'40.6'' W
    The safety zone is necessary to provide for the safety of the 
swimmers, crew, spectators, and other vessels and users of the 
waterway. Persons and vessels will be prohibited from entering into, 
transiting through, or anchoring within this safety zone unless 
authorized by the Captain of the Port, or his designated 
representative. Before the effective period, the Coast Guard will 
publish a local notice to mariners (LNM).

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. We expect the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
is unnecessary. This determination is based on the size, location, and 
the limited duration of the safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit or anchor in the impacted portion of San Diego Bay 
from 6:30 a.m. to 10:30 a.m. on September 21, 2014.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
safety zone would only apply to a small area of San Diego Bay, located 
off of south Embarcadero Park south. Also traffic would be allowed to 
pass through the zone with the permission of the Captain of the Port, 
or his designated representative. Before the effective period, the 
Coast Guard will publish a Local Notice to Mariners.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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

[[Page 52563]]

State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 establishment of a safety zone on the 
navigable waters of San Diego Bay. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    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 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T11-653 to read as follows:


Sec.  165.T11-653  Safety zone; San Diego Tri-Rock Triathlon; San Diego 
Bay, San Diego, CA.

    (a) Location. The limits of the safety zone will encompass the 
navigable waters adjacent to South Embarcadero Park within the 
following positions:

32[deg]42'14.4'' N, 117[deg]10'01.2'' W
32[deg]42'17.4'' N, 117[deg]09'58.8'' W
32[deg]42'00.9'' N, 117[deg]09'42.6'' W
32[deg]42'02.9'' N, 117[deg]09'40.6'' W

    (b) Enforcement Period. This safety zone will be enforced on 
September 21, 2014 from 6:30 a.m. to 10:30 a.m.
    (c) Definitions. The following definition applies to this section: 
Designated representative, means any commissioned, warrant, or petty 
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, 
or local, state, and federal law enforcement vessels who have been 
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port of San Diego or his designated representative.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or his designated representative.
    (3) Upon being hailed by U.S. Coast Guard or designated patrol 
personnel by siren, radio, flashing light or other means, the operator 
of a vessel shall proceed as directed.
    (4) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: August 18, 2014.
J.S. Spaner,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-21036 Filed 9-3-14; 8:45 am]
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