Special Local Regulation; San Diego Bay, San Diego, CA, 52770-52772 [2018-22736]
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52770
Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations
Approved: October 15, 2018.
A.S. Janin,
Captain, JAGC, U.S. Navy, Deputy Assistant
Judge Advocate, General (Admiralty and
Maritime Law).
I. Table of Abbreviations
Dated: October 15, 2018.
Meredith Steingold Werner,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
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
[FR Doc. 2018–22730 Filed 10–17–18; 8:45 am]
II. Background Information and
Regulatory History
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0869]
RIN 1625–AA08
Special Local Regulation; San Diego
Bay, San Diego, CA
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary special local
regulation for navigable waters of the
San Diego Bay offshore of Harbor Island
bound landward of a line by the
following coordinates starting west at
32°43.033′ N and 117°12.792′ W and
proceeding east to 32°43.166′ N and
117°12.266′ W, proceeding east to
32°43.166′ N and 117°11.633′ W, and
ending at 32°43.100′ N and 117°11.300′
W. This special local regulation is
necessary to provide for the safety of life
on navigable waters during the event.
This action will restrict vessel traffic in
these waters of the San Diego Bay, from
10:00 a.m. to 6:00 p.m. on October 17,
2018 through October 21, 2018.
DATES: This rule is effective without
actual notice from October 18, 2018
until October 21, 2018. For the purposes
of enforcement from 10 a.m. to 6 p.m.
daily, actual notice will be used from 10
a.m. on October 17, 2018 until October
18, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0869 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 Junior Grade Briana
Biagas, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast
khammond on DSK30JT082PROD with RULES
SUMMARY:
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15:53 Oct 17, 2018
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Guard; telephone 619–278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
The Coast Guard is issuing this
temporary 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 doing
so would be impracticable. Due to the
timing of the event, we are unable to
issue a NPRM before the event is
scheduled.
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. This rule is necessary for the
safety of life during the event on these
navigable waters. For the reasons above,
including the timing of the event, it
would be impracticable to delay this
rule to provide a full 30 days’ notice.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233,
which authorizes the Coast Guard to
establish and define special local
regulations. The COTP San Diego is
establishing a special local regulation
for the waters of the San Diego Bay
bound landward of a line by coordinates
starting west at 32°43.033′ N and
117°12.792′ W and proceeding east to
32°43.166′ N and 117°12.266′ W,
proceeding east to 32°43.166′ N and
117°11.633′ W, and ending at 32°43.100′
N and 117°11.300′ W. The purpose of
this rule is to ensure safety of
participants, vessels and the navigable
waters in the regulated area before,
during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a special local
regulation from 10:00 a.m. to 6:00 p.m.
on October 17, 2018 through October 21,
PO 00000
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2018. The special local regulation will
cover all navigable waters of the San
Diego Bay bound landward of a line by
coordinates starting west at 32°43.033′
N and 117°12.792′ W and proceeding
east to 32°43.166′ N and 117°12.266′ W,
proceeding east to 32°43.166′ N and
117°11.633′ W, and ending at 32°43.100′
N and 117°11.300′ W. The purpose of
this rule is to ensure safety of
participants, vessels and the navigable
waters in the regulated area before,
during, and after the scheduled event.
Persons and vessels will be prohibited
from anchoring, blocking, loitering, or
impeding within this regulated
waterway unless authorized by the
COTP, or his designated representative,
during the specified dates and times.
Additionally, movement of all vessels
within the regulated area and entry of
all vessels into the regulated area will be
restricted. The Coast Guard will publish
information on the event in the weekly
LNM.
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
pursuant to OMB guidance, it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on size, location, duration, and
time-of-day of the special local
regulation. The Coast Guard will
publish a LNM 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
E:\FR\FM\18OCR1.SGM
18OCR1
Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations
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 the San Diego
Bay bound landward of a line by
coordinates starting west at 32°43.033′
N and 117°12.792′ W and proceeding
east to 32°43.166′ N and 117°12.266′ W,
proceeding east to 32°43.166′ N and
117°11.633′ W, and ending at 32°43.100′
N and 117°11.300′ W from 10:00 a.m. to
6:00 p.m. on October 17, 2018 through
October 21, 2018.
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 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.
khammond on DSK30JT082PROD with RULES
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
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15:53 Oct 17, 2018
Jkt 247001
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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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 and Commandant
Instruction M16475.1D, 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
establishment of marine event special
local regulations on a portion of the
navigable waters of the San Diego Bay.
It is categorically excluded from further
review under paragraph L61 and L63(b)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
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52771
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR 1.05–
1.
2. Add § 100.35T11–0869 to read as
follows:
■
§ 100.35T11–0869 Special Local
Regulation for Marine Event; San Diego
Bay, San Diego, CA.
(a) Regulated area. The following
location is a regulated area: All
navigable waters of San Diego Bay
bound landward of a line by coordinates
starting west at 32°43.033′ N and
117°12.792′ W and proceeding east to
32°43.166′ N and 117°12.266′ W,
proceeding east to 32°43.166′ N and
117°11.633′ W, and ending at 32°43.100′
N and 117°11.300′ W.
(b) Definitions. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port San Diego in the
enforcement of the regulated areas.
(c) Special local regulations. (1)
Persons and vessels will be prohibited
from anchoring, blocking, loitering, or
impeding within this regulated
waterway unless authorized by the
COTP, or his designated representative,
during the dates and times listed in
paragraph (d) of this section.
(2) Movement of all vessels within the
regulated area and entry of all vessels
into the regulated area will be restricted.
(3) To seek permission to enter the
regulated area, contact the Captain of
the Port (COTP) San Diego or the
COTP’s designated representative.
(4) The Coast Guard will publish a
notice in the Eleventh Coast Guard
District Local Notice to Mariners and
issue a Safety Marine Information
Broadcast of VHF–FM marine band
radio announcing specific event
location, dates and times.
(d) Enforcement period(s). Daily from
10:00 a.m. to 6:00 p.m. on October 17,
2018 through October 21, 2018.
E:\FR\FM\18OCR1.SGM
18OCR1
52772
Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations
Dated: October 2, 2018.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2018–22736 Filed 10–17–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[WV106–6044; FRL–9983–55–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the West Virginia state
implementation plan (SIP). The
regulations affected by this update have
been previously submitted by the West
Virginia Department of Environmental
Protection (WV DEP) and approved by
EPA. This update affects the SIP
materials that are available for public
inspection at the National Archives and
Records Administration (NARA) and the
EPA Regional Office.
DATES: This action is effective October
18, 2018.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; and
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. EPA
requests that you email the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Erin
Trouba, (215) 814–2023 or by email at
trouba.erin@epa.gov.
SUPPLEMENTARY INFORMATION:
khammond on DSK30JT082PROD with RULES
SUMMARY:
I. Background
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
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15:53 Oct 17, 2018
Jkt 247001
elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
Each state must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the proposed SIP revisions
to EPA. Once these control measures
and strategies are approved by EPA, and
after notice and comment, they are
incorporated into the federallyapproved SIP and are identified in part
52 ‘‘Approval and Promulgation of
Implementation Plans,’’ title 40 of the
Code of Federal Regulations (40 CFR
part 52). The full text of the state
regulation approved by EPA is not
reproduced in its entirety in 40 CFR part
52, but is ‘‘incorporated by reference.’’
This means that EPA has approved a
given state regulation with a specific
effective date. The public is referred to
the location of the full text version
should they want to know which
measures are contained in a given SIP.
The information provided allows EPA
and the public to monitor the extent to
which a state implements a SIP to attain
and maintain the NAAQS and to take
enforcement action if necessary.
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997, Federal Register document.
On February 10, 2005 (70 FR 7024), EPA
published a Federal Register beginning
the new IBR procedure for West
Virginia. On February 28, 2007 (72 FR
8903), February 10, 2009 (74 FR 6542),
December 28, 2010 (75 FR 81474), July
25, 2013 (78 FR 44884), and June 14,
2017 (82 FR 27118) EPA published
updates to the IBR material for West
Virginia. Since the publication of the
last IBR update, EPA has approved into
the SIP the following regulatory changes
to the following West Virginia
regulations:
A. Added Regulations
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Frm 00022
Fmt 4700
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B. Revised Regulations
1. 45 CSR 8 (Ambient Air Quality
Standards)
2. 45 CSR 14 (Permits for Construction
and Major Modification of Major
Stationary Sources of Air Pollution
for the Prevention of Significant
Deterioration)
C. Removed Regulations
1. 45 CSR 39 (Control of Annual
Nitrogen Oxide Emissions to
Mitigate Interstate Transport of Fine
Particulate Matter and Nitrogen
Oxides)
2. 45 CSR 41 (Control of Annual Sulfur
Dioxides Emissions)
3. In 52.2520 paragraph (d) Source
Specific Requirements for West
Virginia, there was a removal of
source-specific SIP requirements for
the following five facilities in West
Virginia that had permanently
shutdown: Mountaineer Carbon
Company; Standard Lafarge;
Follansbee Steel Corporation;
International Mill Service, Inc.; and
Columbian Chemicals Company.
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of May 1,
2018 and revising the text within 40
CFR 52.2520(b). In addition, notice is
provided of correcting Federal Register
citations listed in the Table (c)
paragraph of 40 CFR 52.2520, as
described: A. Under the ‘‘EPA approval
date’’ EPA is correcting numerous
Federal Register citation locations to
reflect the first page of the preamble
opposed to the regulatory text page for
West Virginia regulations 45 CSR Series
8 and 45 CSR Series 14.
III. Good Cause Exemption
EPA has determined that this rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). This rule simply codifies
provisions which are already in effect as
a matter of law in federal and approved
state programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
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]]>Agencies
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Rules and Regulations]
[Pages 52770-52772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22736]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0869]
RIN 1625-AA08
Special Local Regulation; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for navigable waters of the San Diego Bay offshore of Harbor
Island bound landward of a line by the following coordinates starting
west at 32[deg]43.033' N and 117[deg]12.792' W and proceeding east to
32[deg]43.166' N and 117[deg]12.266' W, proceeding east to
32[deg]43.166' N and 117[deg]11.633' W, and ending at 32[deg]43.100' N
and 117[deg]11.300' W. This special local regulation is necessary to
provide for the safety of life on navigable waters during the event.
This action will restrict vessel traffic in these waters of the San
Diego Bay, from 10:00 a.m. to 6:00 p.m. on October 17, 2018 through
October 21, 2018.
DATES: This rule is effective without actual notice from October 18,
2018 until October 21, 2018. For the purposes of enforcement from 10
a.m. to 6 p.m. daily, actual notice will be used from 10 a.m. on
October 17, 2018 until October 18, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0869 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 Junior Grade Briana Biagas, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7656, email [email protected].
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 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 doing so would be impracticable. Due
to the timing of the event, we are unable to issue a NPRM before the
event is scheduled.
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. This rule is necessary for the
safety of life during the event on these navigable waters. For the
reasons above, including the timing of the event, it would be
impracticable to delay this rule to provide a full 30 days' notice.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233, which authorizes the Coast Guard to establish and define special
local regulations. The COTP San Diego is establishing a special local
regulation for the waters of the San Diego Bay bound landward of a line
by coordinates starting west at 32[deg]43.033' N and 117[deg]12.792' W
and proceeding east to 32[deg]43.166' N and 117[deg]12.266' W,
proceeding east to 32[deg]43.166' N and 117[deg]11.633' W, and ending
at 32[deg]43.100' N and 117[deg]11.300' W. The purpose of this rule is
to ensure safety of participants, vessels and the navigable waters in
the regulated area before, during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 10:00 a.m. to
6:00 p.m. on October 17, 2018 through October 21, 2018. The special
local regulation will cover all navigable waters of the San Diego Bay
bound landward of a line by coordinates starting west at 32[deg]43.033'
N and 117[deg]12.792' W and proceeding east to 32[deg]43.166' N and
117[deg]12.266' W, proceeding east to 32[deg]43.166' N and
117[deg]11.633' W, and ending at 32[deg]43.100' N and 117[deg]11.300'
W. The purpose of this rule is to ensure safety of participants,
vessels and the navigable waters in the regulated area before, during,
and after the scheduled event. Persons and vessels will be prohibited
from anchoring, blocking, loitering, or impeding within this regulated
waterway unless authorized by the COTP, or his designated
representative, during the specified dates and times. Additionally,
movement of all vessels within the regulated area and entry of all
vessels into the regulated area will be restricted. The Coast Guard
will publish information on the event in the weekly LNM.
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 pursuant to OMB guidance, it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on size, location,
duration, and time-of-day of the special local regulation. The Coast
Guard will publish a LNM 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
[[Page 52771]]
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 the San Diego Bay bound landward
of a line by coordinates starting west at 32[deg]43.033' N and
117[deg]12.792' W and proceeding east to 32[deg]43.166' N and
117[deg]12.266' W, proceeding east to 32[deg]43.166' N and
117[deg]11.633' W, and ending at 32[deg]43.100' N and 117[deg]11.300' W
from 10:00 a.m. to 6:00 p.m. on October 17, 2018 through October 21,
2018.
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
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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 and Commandant Instruction M16475.1D, 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
establishment of marine event special local regulations on a portion of
the navigable waters of the San Diego Bay. It is categorically excluded
from further review under paragraph L61 and L63(b) of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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: 33 U.S.C. 1233; 33 CFR 1.05-1.
0
2. Add Sec. 100.35T11-0869 to read as follows:
Sec. 100.35T11-0869 Special Local Regulation for Marine Event; San
Diego Bay, San Diego, CA.
(a) Regulated area. The following location is a regulated area: All
navigable waters of San Diego Bay bound landward of a line by
coordinates starting west at 32[deg]43.033' N and 117[deg]12.792' W and
proceeding east to 32[deg]43.166' N and 117[deg]12.266' W, proceeding
east to 32[deg]43.166' N and 117[deg]11.633' W, and ending at
32[deg]43.100' N and 117[deg]11.300' W.
(b) Definitions. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port San Diego in the enforcement of the regulated
areas.
(c) Special local regulations. (1) Persons and vessels will be
prohibited from anchoring, blocking, loitering, or impeding within this
regulated waterway unless authorized by the COTP, or his designated
representative, during the dates and times listed in paragraph (d) of
this section.
(2) Movement of all vessels within the regulated area and entry of
all vessels into the regulated area will be restricted.
(3) To seek permission to enter the regulated area, contact the
Captain of the Port (COTP) San Diego or the COTP's designated
representative.
(4) The Coast Guard will publish a notice in the Eleventh Coast
Guard District Local Notice to Mariners and issue a Safety Marine
Information Broadcast of VHF-FM marine band radio announcing specific
event location, dates and times.
(d) Enforcement period(s). Daily from 10:00 a.m. to 6:00 p.m. on
October 17, 2018 through October 21, 2018.
[[Page 52772]]
Dated: October 2, 2018.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2018-22736 Filed 10-17-18; 8:45 am]
BILLING CODE 9110-04-P
