Safety Zone; San Diego Bay, San Diego, CA, 36492-36494 [2020-12089]
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Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 / Rules and Regulations
b.2.a. Cultivation chambers designed to be
sterilized or disinfected in situ;
b.2.b. Cultivation chamber holding devices;
or
b.2.c. Process control units capable of
simultaneously monitoring and controlling
two or more fermentation system parameters
(e.g., temperature, pH, nutrients, agitation,
dissolved oxygen, air flow, foam control).
Technical Notes to 2B352.b: 1. Fermenters
include bioreactors (including single-use
(disposable) bioreactors), chemostats and
continuous-flow systems.
2. Cultivation chamber holding devices
controlled by 2B352.b.2.b include single-use
cultivation chambers with rigid walls.
c. Centrifugal separators capable of the
continuous separation of pathogenic
microorganisms, without the propagation of
aerosols, and having all of the following
characteristics:
c.1. One or more sealing joints within the
steam containment area;
c.2. A flow rate greater than 100 liters per
hour;
c.3. ‘‘Parts’’ or ‘‘components’’ of polished
stainless steel or titanium; and
c.4. Capable of in-situ steam sterilization in
a closed state.
Technical Note to 2B352.c: Centrifugal
separators include decanters.
d. Cross (tangential) flow filtration
equipment and ‘‘accessories’’, as follows:
d.1. Cross (tangential) flow filtration
equipment capable of separation of
microorganisms, viruses, toxins or cell
cultures having all of the following
characteristics:
d.1.a. A total filtration area equal to or
greater than 1 square meter (1 m2); and
d.1.b. Having any of the following
characteristics:
d.1.b.1. Capable of being sterilized or
disinfected in-situ; or
d.1.b.2. Using disposable or single-use
filtration ‘‘parts’’ or ‘‘components’’.
N.B.: 2B352.d.1 does not control reverse
osmosis and hemodialysis equipment, as
specified by the manufacturer.
d.2. Cross (tangential) flow filtration
‘‘parts’’ or ‘‘components’’ (e.g., modules,
elements, cassettes, cartridges, units or
plates) with filtration area equal to or greater
than 0.2 square meters (0.2 m2) for each
‘‘part’’ or ‘‘component’’ and designed for use
in cross (tangential) flow filtration equipment
controlled by 2B352.d.1.
Technical Note: In this ECCN, ‘‘sterilized’’
denotes the elimination of all viable microbes
from the equipment through the use of either
physical (e.g., steam) or chemical agents.
‘‘Disinfected’’ denotes the destruction of
potential microbial infectivity in the
equipment through the use of chemical
agents with a germicidal effect.
‘‘Disinfection’’ and ‘‘sterilization’’ are
distinct from ‘‘sanitization’’, the latter
referring to cleaning procedures designed to
lower the microbial content of equipment
without necessarily achieving elimination of
all microbial infectivity or viability.
e. Steam, gas or vapor sterilizable freezedrying equipment with a condenser capacity
of 10 kg of ice or greater in 24 hours (10 liters
of water or greater in 24 hours) and less than
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17:27 Jun 16, 2020
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1000 kg of ice in 24 hours (less than 1,000
liters of water in 24 hours).
f. Spray-drying equipment capable of
drying toxins or pathogenic microorganisms
having all of the following characteristics:
f.1. A water evaporation capacity of ≥0.4
kg/h and ≤400 kg/h;
f.2. The ability to generate a typical mean
product particle size of ≤10 micrometers with
existing fittings or by minimal modification
of the spray-dryer with atomization nozzles
enabling generation of the required particle
size; and
f.3. Capable of being sterilized or
disinfected in situ.
g. Protective and containment equipment,
as follows:
g.1. Protective full or half suits, or hoods
dependent upon a tethered external air
supply and operating under positive
pressure.
Technical Note to 2B352.g.1: 2B352.g.1
does not control suits designed to be worn
with self-contained breathing apparatus.
g.2. Biocontainment chambers, isolators, or
biological safety cabinets having all of the
following characteristics, for normal
operation:
g.2.a. Fully enclosed workspace where the
operator is separated from the work by a
physical barrier;
g.2.b. Able to operate at negative pressure;
g.2.c. Means to safely manipulate items in
the workspace; and
g.2.d. Supply and exhaust air to and from
the workspace is high-efficiency particulate
air (HEPA) filtered.
Note 1 to 2B352.g.2: 2B352.g.2 controls
class III biosafety cabinets, as specified in the
WHO Laboratory Biosafety Manual (3rd
edition, Geneva, 2004) or constructed in
accordance with national standards,
regulations or guidance.
Note 2 to 2B352.g.2: 2B352.g.2 does not
control isolators ‘‘specially designed’’ for
barrier nursing or transportation of infected
patients.
h. Aerosol inhalation equipment designed
for aerosol challenge testing with
microorganisms, viruses or toxins, as follows:
h.1. Whole-body exposure chambers
having a capacity of 1 cubic meter or greater;
h.2. Nose-only exposure apparatus
utilizing directed aerosol flow and having a
capacity for the exposure of 12 or more
rodents, or two or more animals other than
rodents, and closed animal restraint tubes
designed for use with such apparatus.
i. Spraying or fogging systems and ‘‘parts’’
and ‘‘components’’ therefor, as follows:
i.1. Complete spraying or fogging systems,
‘‘specially designed’’ or modified for fitting
to aircraft, ‘‘lighter than air vehicles,’’ or
‘‘UAVs,’’ capable of delivering, from a liquid
suspension, an initial droplet ‘‘VMD’’ of less
than 50 microns at a flow rate of greater than
2 liters per minute;
i.2. Spray booms or arrays of aerosol
generating units, ‘‘specially designed’’ or
modified for fitting to aircraft, ‘‘lighter than
air vehicles,’’ or ‘‘UAVs,’’ capable of
delivering, from a liquid suspension, an
initial droplet ‘‘VMD’’ of less than 50
microns at a flow rate of greater than 2 liters
per minute;
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i.3. Aerosol generating units ‘‘specially
designed’’ for fitting to the systems as
specified in paragraphs i.1 and i.2 of this
ECCN.
Technical Notes to 2B352.i: 1. Aerosol
generating units are devices ‘‘specially
designed’’ or modified for fitting to aircraft
and include nozzles, rotary drum atomizers
and similar devices.
2. This ECCN does not control spraying or
fogging systems, ‘‘parts’’ and ‘‘components,’’
as specified in 2B352.i, that are demonstrated
not to be capable of delivering biological
agents in the form of infectious aerosols.
3. Droplet size for spray equipment or
nozzles ‘‘specially designed’’ for use on
aircraft or ‘‘UAVs’’ should be measured using
either of the following methods (pending the
adoption of internationally accepted
standards):
a. Doppler laser method,
b. Forward laser diffraction method.
j. Nucleic acid assemblers and synthesizers
that are both:
j.1 Partly or entirely automated; and
j.2. Designed to generate continuous
nucleic acids greater than 1.5 kilobases in
length with error rates less than 5% in a
single run.
*
*
*
*
*
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
[FR Doc. 2020–11625 Filed 6–16–20; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0252]
RIN 1625–AA00
Safety Zone; San Diego Bay, San
Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters in the vicinity of
the General Dynamics NASSCO
shipyard in San Diego Bay, San Diego,
CA, during the launch of the M/V
Matsonia. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards associated with the launching
and subsequent berthing of the M/V
Matsonia. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port San Diego.
DATES: This rule is effective from 6 p.m.
through 9 p.m. on July 2, 2020.
SUMMARY:
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Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 / Rules and Regulations
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0252 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Briana Biagas,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
619–278–7656, email
D11MarineEventsSD@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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
M/V Motor Vessel
khammond on DSKJM1Z7X2PROD with RULES
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 it is
impracticable. This urgent safety zone is
required to protect the maritime public
and the surrounding waterways from
hazards associated with the launching
of the M/V Matsonia. It is impracticable
to publish an NPRM because the Coast
Guard must establish this safety zone by
July 2, 2020. The Coast Guard lacks
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
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 impracticable
because this rule is needed to protect
mariners, commercial and recreational
waterway users, and the M/V Mastonia
from dangers associated with the
launching and berthing of the M/V
Matsonia on July 2, 2020.
17:27 Jun 16, 2020
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Diego (COTP)
has determined that potential hazards
associated with launching of the M/V
Matsonia on July 2, 2020, will be a
safety concern for anyone in the vicinity
of the General Dynamics NASSCO
shipyard. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone while the M/V
Matsonia is being launched and towed
to a nearby berth.
IV. Discussion of the Rule
I. Table of Abbreviations
VerDate Sep<11>2014
III. Legal Authority and Need for Rule
Jkt 250001
This rule establishes a safety zone
from 6 p.m. until 9 p.m. on July 2, 2020.
The safety zone will cover all navigable
waters of the San Diego Bay created by
connecting the following points:
Beginning at 32°41′23.4″ N, 117°8′39.6″
W (Point A); thence running
northwesterly to 32°41′14.4″ N, 117°9′3″
W (Point B); thence running
southeasterly to 32°41′3″ N, 117°8′43.8″
W (Point C); thence running east to
32°41′12″ N, 117°8′20.4″ W (Point D);
thence running north to the beginning
point. The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters while the M/V
Matsonia is being launched, then towed
to berth. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
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.
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36493
This regulatory action determination
is based on the size, location and
limited duration of the safety zone. This
safety zone impacts a small designated
area of the San Diego Bay for a very
limited period during the evening when
vessel traffic is normally low. Moreover,
the Coast Guard would issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone,
and the rule would allow vessels to seek
permission to enter the zone.
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 safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a 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.
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Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 / Rules and Regulations
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.
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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 safety
zone lasting only three hours that will
prohibit entry within certain navigable
waters of San Diego Bay in the vicinity
of the General Dynamics NASSCO
shipyard. It is categorically excluded
from further review under paragraph
VerDate Sep<11>2014
17:27 Jun 16, 2020
Jkt 250001
L60(a) 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 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: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T11–024 to read as
follows:
■
§ 165.T11–024 Safety Zone; San Diego
Bay, San Diego, CA.
(a) Location. The following area is a
safety zone. All waters of San Diego
Bay, from surface to bottom,
encompassed by a line connecting the
following points beginning at
32°41′23.4″ N, 117°8′39.6″ W (Point A);
thence running northwesterly to
32°41′14.4″ N, 117°9′3″ W (Point B);
thence running southeasterly to 32°41′3″
N, 117°8′43.8″ W (Point C); thence
running east to 32°41′12″ N, 117°8′20.4″
W (NAD 83) (Point D); thence running
north to the beginning point.
(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 San Diego (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
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zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 16.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement period. This section
will be enforced from 6 p.m. through 9
p.m. on July 2, 2020.
Dated: May 29, 2020.
T. J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
[FR Doc. 2020–12089 Filed 6–16–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 668
[Docket ID ED–2020–OPE–0078]
RIN 1840–ZA04
Eligibility of Students at Institutions of
Higher Education for Funds Under the
Coronavirus Aid, Relief, and Economic
Security (CARES) Act
Office of Postsecondary
Education, Department of Education.
ACTION: Interim final rule.
AGENCY:
The Department of Education
(Department) issues this interim final
rule so that institutions of higher
education may appropriately determine
which individuals attending their
institution are eligible to receive
emergency financial aid grants to
students under the Coronavirus Aid,
Relief, and Economic Security (CARES)
Act (March 27, 2020).
DATES: These regulations are effective
June 17, 2020. We must receive your
comments on or before July 17, 2020.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
If you are submitting comments
electronically, we strongly encourage
you to submit any comments or
attachments in Microsoft Word format.
If you must submit a comment in Adobe
Portable Document Format (PDF), we
strongly encourage you to convert the
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Rules and Regulations]
[Pages 36492-36494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12089]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0252]
RIN 1625-AA00
Safety Zone; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters in the vicinity of the General Dynamics NASSCO
shipyard in San Diego Bay, San Diego, CA, during the launch of the M/V
Matsonia. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards associated with the
launching and subsequent berthing of the M/V Matsonia. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port San Diego.
DATES: This rule is effective from 6 p.m. through 9 p.m. on July 2,
2020.
[[Page 36493]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0252 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 Briana Biagas, Waterways Management, U.S.
Coast Guard Sector San Diego, CA; 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
M/V Motor Vessel
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 it is impracticable. This urgent
safety zone is required to protect the maritime public and the
surrounding waterways from hazards associated with the launching of the
M/V Matsonia. It is impracticable to publish an NPRM because the Coast
Guard must establish this safety zone by July 2, 2020. The Coast Guard
lacks sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
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 impracticable because this rule is needed to protect
mariners, commercial and recreational waterway users, and the M/V
Mastonia from dangers associated with the launching and berthing of the
M/V Matsonia on July 2, 2020.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San Diego
(COTP) has determined that potential hazards associated with launching
of the M/V Matsonia on July 2, 2020, will be a safety concern for
anyone in the vicinity of the General Dynamics NASSCO shipyard. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the M/
V Matsonia is being launched and towed to a nearby berth.
IV. Discussion of the Rule
This rule establishes a safety zone from 6 p.m. until 9 p.m. on
July 2, 2020. The safety zone will cover all navigable waters of the
San Diego Bay created by connecting the following points: Beginning at
32[deg]41'23.4'' N, 117[deg]8'39.6'' W (Point A); thence running
northwesterly to 32[deg]41'14.4'' N, 117[deg]9'3'' W (Point B); thence
running southeasterly to 32[deg]41'3'' N, 117[deg]8'43.8'' W (Point C);
thence running east to 32[deg]41'12'' N, 117[deg]8'20.4'' W (Point D);
thence running north to the beginning point. The duration of the zone
is intended to protect personnel, vessels, and the marine environment
in these navigable waters while the M/V Matsonia is being launched,
then towed to berth. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. 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 the size, location
and limited duration of the safety zone. This safety zone impacts a
small designated area of the San Diego Bay for a very limited period
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.
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
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a 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.
[[Page 36494]]
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
safety zone lasting only three hours that will prohibit entry within
certain navigable waters of San Diego Bay in the vicinity of the
General Dynamics NASSCO shipyard. It is categorically excluded from
further review under paragraph L60(a) 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 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T11-024 to read as follows:
Sec. 165.T11-024 Safety Zone; San Diego Bay, San Diego, CA.
(a) Location. The following area is a safety zone. All waters of
San Diego Bay, from surface to bottom, encompassed by a line connecting
the following points beginning at 32[deg]41'23.4'' N, 117[deg]8'39.6''
W (Point A); thence running northwesterly to 32[deg]41'14.4'' N,
117[deg]9'3'' W (Point B); thence running southeasterly to
32[deg]41'3'' N, 117[deg]8'43.8'' W (Point C); thence running east to
32[deg]41'12'' N, 117[deg]8'20.4'' W (NAD 83) (Point D); thence running
north to the beginning point.
(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 San Diego (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement period. This section will be enforced from 6 p.m.
through 9 p.m. on July 2, 2020.
Dated: May 29, 2020.
T. J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2020-12089 Filed 6-16-20; 8:45 am]
BILLING CODE 9110-04-P
