Special Local Regulation; Boat Parade; San Diego, CA, 52916-52918 [2020-18962]
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Federal Register / Vol. 85, No. 167 / Thursday, August 27, 2020 / Rules and Regulations
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General (delegated to the Administrator
of DEA pursuant to 28 CFR 0.100) on his
own motion.
The Acting Administrator of DEA, on
his own motion pursuant to 21 U.S.C.
811(a), has initiated proceedings under
21 U.S.C. 811(a)(1) to permanently
schedule N-ethylpentylone. DEA is
simultaneously publishing, elsewhere in
this issue of the Federal Register, a
notice of proposed rulemaking for the
permanent placement of Nethylpentylone in schedule I. If that
proposed rule is finalized, scheduling of
this substance will be made permanent
by publication of a final rule in the
Federal Register.
Pursuant to 21 U.S.C. 811(h)(2), the
Acting Administrator of DEA orders that
the temporary scheduling of Nethylpentylone, including its optical,
positional, and geometric isomers, salts,
and salts of isomers, be extended for one
year, or until the permanent scheduling
proceeding is completed, whichever
occurs first.
Regulatory Matters
The CSA provides for an expedited
temporary scheduling action where
such action is necessary to avoid an
imminent hazard to the public safety.
Under 21 U.S.C. 811(h), the
Administrator of DEA, as delegated by
the Attorney General, may, by order,
place a substance in schedule I on a
temporary basis. This same subsection
provides that the temporary scheduling
of a substance shall expire at the end of
two years from the date of the issuance
of the order scheduling such substance,
except that the Administrator may,
during the pendency of proceedings to
permanently schedule the substance,
extend the temporary scheduling for up
to one year.
Given that section 811(h) directs that
temporary scheduling actions be issued
by order and sets forth the procedures
by which such orders are to be issued
and extended, DEA believes that the
notice and comment requirements of
section 553 of the Administrative
Procedure Act (APA), 5 U.S.C. 553, do
not apply to this extension of the
temporary scheduling order. The
specific language chosen by Congress
indicates an intention for DEA to
proceed through the issuance of an
order instead of proceeding by
rulemaking. Given that Congress
specifically requires the Attorney
General to follow rulemaking
procedures for other kinds of scheduling
actions, see 21 U.S.C. 811(a), it is
noteworthy that, in subsection 811(h),
Congress authorized the issuance of
temporary scheduling actions by order
rather than by rule. In the alternative,
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even assuming that this action might be
subject to section 553 of the APA, the
Acting Administrator finds that there is
good cause to forgo the notice and
comment requirements of section 553,
as any further delays in the process for
extending the temporary scheduling
order would be impracticable and
contrary to the public interest in view
of the manifest urgency to avoid an
imminent hazard to the public safety
that this substance would present if
scheduling expired, for the reasons
expressed in the temporary scheduling
order (83 FR 44474, August 31, 2018).
Further, DEA believes that this order
extending the temporary scheduling
action is not a ‘‘rule’’ as defined by 5
U.S.C. 601(2), and, accordingly, is not
subject to the requirements of the
Regulatory Flexibility Act (RFA). The
requirements for the preparation of an
initial regulatory flexibility analysis in 5
U.S.C. 603(a) are not applicable where,
as here, DEA is not required by section
553 of the APA or any other law to
publish a general notice of proposed
rulemaking.
Additionally, this action is not a
significant regulatory action as defined
by Executive Order 12866 (Regulatory
Planning and Review), section 3(f), and
the principles reaffirmed in Executive
Order 13563 (Improving Regulation and
Regulatory Review). Accordingly, this
action has not been reviewed by the
Office of Management and Budget
(OMB). This order is not an Executive
Order 13771 regulatory action.
This action will not have substantial
direct effects 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. Therefore, in
accordance with Executive Order 13132
(Federalism), it is determined that this
action does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
As noted above, this action is an
order, not a rule. Accordingly, the
Congressional Review Act (CRA) is
inapplicable, as it applies only to rules.
However, if this were a rule, pursuant
to the CRA, ‘‘any rule for which an
agency for good cause finds that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest, shall take effect at
such time as the federal agency
promulgating the rule determines.’’ 5
U.S.C. 808(2). It is in the public interest
to maintain the temporary placement of
N-ethylpentylone in schedule I because
it poses a public health risk, for the
reasons expressed in the temporary
scheduling order (83 FR 44474, August
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31, 2018). The temporary scheduling
action was taken pursuant to 21 U.S.C.
811(h), which is specifically designed to
enable DEA to act in an expeditious
manner to avoid an imminent hazard to
the public safety. Under 21 U.S.C.
811(h), temporary scheduling orders are
not subject to notice and comment
rulemaking procedures. DEA
understands that the CSA frames
temporary scheduling actions as orders
rather than rules to ensure that the
process moves swiftly, and this
extension of the temporary scheduling
order continues to serve that purpose.
For the same reasons that underlie 21
U.S.C. 811(h), that is, the need to place
this substance in schedule I because it
poses an imminent hazard to public
safety, it would be contrary to the public
interest to delay implementation of this
extension of the temporary scheduling
order. Therefore, in accordance with
section 808(2) of the CRA, this order
extending the temporary scheduling
order shall take effect immediately upon
its publication. DEA has submitted a
copy of this extension of the temporary
scheduling order to both Houses of
Congress and to the Comptroller
General, although such filing is not
required under the CRA, 5 U.S.C. 801–
808 because, as noted above, this action
is an order, not a rule.
Dated: August 25, 2020.
Timothy J. Shea,
Acting Administrator.
[FR Doc. 2020–19011 Filed 8–26–20; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0469]
RIN 1625–AA08
Special Local Regulation; Boat Parade;
San Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation (SLR) on the waters of San
Diego Bay, California on September 6,
2020. This temporary SLR is necessary
to provide for the safety of the
participants, crew, spectators, sponsor
vessels, and general users of the
waterway. This SLR temporarily
establishes a designated section of the
commercial anchorage area as a First
SUMMARY:
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Federal Register / Vol. 85, No. 167 / Thursday, August 27, 2020 / Rules and Regulations
Amendment area to be used at the
discretion of the the Captain of the Port,
or his designated representative as a
spectator area. Parade participants
operating within the SLR shall comply
with all instructions given by the onscene PATCOM monitoring the event.
During the enforcement period, persons
and vessels are prohibited from
anchoring, blocking, loitering, or
impeding within this regulated area
unless authorized by the Captain of the
Port, or his designated representative.
DATES: This rule is effective from noon
to 4 p.m. on September 6, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0469 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 Commander Merridith
Morrison, Waterways Management, U.S.
Coast Guard Sector San Diego, CA;
telephone (619) 278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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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
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 due to the short time
between the Coast Guard becoming
aware of the event on July 24, 2020, and
the scheduled event occurring on
September 6, 2020. The marine event
sponsor of this boat parade is expecting
to draw a high concentration of vessels
to the San Diego Bay area along the
proposed parade route. Traditionally,
the San Diego Bay area serves as a major
thoroughfare for commercial traffic,
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naval operations, ferry routes, and a
number of other recreational uses. The
Coast Guard is establishing this SLR to
monitor the parade before, during, and
after the event to minimize impacts on
this congested waterway. We must
establish this SLR by September 6, 2020
to ensure the safety of individuals,
property, and the marine environment
and we do not have sufficient time to
request and respond to comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
location, size and complexity of the boat
parade that is planned to take place on
September 6, 2020.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port (COTP) Sector San
Diego has determined that potential
hazards associated with the proposed
parade will be a safety concern for
anyone within the vicinity of the parade
route. This rule is needed to protect
personnel, vessels, spectators, and the
marine environment in the navigable
waters within the SLR during the
enforcement period of this rule.
IV. Discussion of the Rule
This rule establishes an SLR from
noon until 4 p.m. on September 6, 2020.
The SLR will cover all navigable waters
on a pre-determined course in the
northern portion of the San Diego Main
Ship Channel from Shelter Island Basin,
past the Embarcadero, crossing the
federal navigable channel and ending
off of Coronado Island. This SLR will
also temporarily establish a 200 yard
radius within the commercial anchorage
as a First Amendment area to be used
as authorized by the Captain of the Port,
or his designated representative. The
First Amendment area will encompass
all navigable waters, from surface to
bottom, within 200 yards of 32°43′11.0″
N, 117°10′59.8″ W, within the
commercial vessel anchorage.
The duration of the SLR is intended
to protect personnel, vessels, specators,
and the marine environment in these
navigable waters while the parade is
scheduled to occur. During the
enforcement period, persons and vessels
are prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area unless authorized by the
Captain of the Port, or his designated
representative.
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52917
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, 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
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 SLR 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.
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Federal Register / Vol. 85, No. 167 / Thursday, August 27, 2020 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD with RULES
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.
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F. Environment
§ 100.T11–034 President Trump Boat
Parade, San Diego, CA.
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 an SLR
lasting only 4 hours that will monitor
entry to the SLR for the duration of the
enforcement period to cover before,
during and after the parade has
concluded. It is categorically excluded
from further review under paragraph
L61 of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
(a) Regulated areas. The regulations
in this section apply to the following
area:
(1) All navigable waters, from surface
to bottom, on a pre-determined course
in the northern portion of the San Diego
Main Ship Channel from Shelter Island
Basin, past the Embarcadero, crossing
the federal navigable channel and
ending off of Coronado Island.
(2) All navigable waters, from surface
to bottom, within 200 yards of
32°43′11.0″ N, 117°10′59.8″ W, within
the commercial vessel anchorage.
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port Sector San Diego
(COTP) in the enforcement of the
regulations in this section.
Participant means all persons and
vessels registered with the event
sponsor as a participants in the race.
(c) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector San Diego or their
designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling the Sector San
Diego JHOC at 619–278–7033. Those in
the regulated area must comply with all
lawful orders or directions given to
them by the COTP or the designated
representative.
(3) All non-participants, including
those engaged in protest activity, may be
directed by a designated representative
to the enforcement area described in
section (a)(2) of this section, where they
must remain during the effective period
unless otherwise authorized or directed.
(4) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners
and by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from noon to 4 p.m. on
Sunday, September 6, 2020.
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. All nonparticipant vessels or persons engaged
in protest activity will be directed to the
commercial vessel anchorage if they
wish to remain in the regulated area.
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: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T11–034 to read as
follows:
■
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Dated: August 14, 2020.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2020–18962 Filed 8–26–20; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Rules and Regulations]
[Pages 52916-52918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18962]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0469]
RIN 1625-AA08
Special Local Regulation; Boat Parade; San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) on the waters of San Diego Bay, California on
September 6, 2020. This temporary SLR is necessary to provide for the
safety of the participants, crew, spectators, sponsor vessels, and
general users of the waterway. This SLR temporarily establishes a
designated section of the commercial anchorage area as a First
[[Page 52917]]
Amendment area to be used at the discretion of the the Captain of the
Port, or his designated representative as a spectator area. Parade
participants operating within the SLR shall comply with all
instructions given by the on-scene PATCOM monitoring the event. During
the enforcement period, persons and vessels are prohibited from
anchoring, blocking, loitering, or impeding within this regulated area
unless authorized by the Captain of the Port, or his designated
representative.
DATES: This rule is effective from noon to 4 p.m. on September 6, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0469 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 Commander Merridith Morrison, 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
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 due to the short
time between the Coast Guard becoming aware of the event on July 24,
2020, and the scheduled event occurring on September 6, 2020. The
marine event sponsor of this boat parade is expecting to draw a high
concentration of vessels to the San Diego Bay area along the proposed
parade route. Traditionally, the San Diego Bay area serves as a major
thoroughfare for commercial traffic, naval operations, ferry routes,
and a number of other recreational uses. The Coast Guard is
establishing this SLR to monitor the parade before, during, and after
the event to minimize impacts on this congested waterway. We must
establish this SLR by September 6, 2020 to ensure the safety of
individuals, property, and the marine environment and we do not have
sufficient time to request and respond to comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to respond to the potential safety hazards associated with
the location, size and complexity of the boat parade that is planned to
take place on September 6, 2020.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port (COTP) Sector San Diego has determined
that potential hazards associated with the proposed parade will be a
safety concern for anyone within the vicinity of the parade route. This
rule is needed to protect personnel, vessels, spectators, and the
marine environment in the navigable waters within the SLR during the
enforcement period of this rule.
IV. Discussion of the Rule
This rule establishes an SLR from noon until 4 p.m. on September 6,
2020. The SLR will cover all navigable waters on a pre-determined
course in the northern portion of the San Diego Main Ship Channel from
Shelter Island Basin, past the Embarcadero, crossing the federal
navigable channel and ending off of Coronado Island. This SLR will also
temporarily establish a 200 yard radius within the commercial anchorage
as a First Amendment area to be used as authorized by the Captain of
the Port, or his designated representative. The First Amendment area
will encompass all navigable waters, from surface to bottom, within 200
yards of 32[deg]43'11.0'' N, 117[deg]10'59.8'' W, within the commercial
vessel anchorage.
The duration of the SLR is intended to protect personnel, vessels,
specators, and the marine environment in these navigable waters while
the parade is scheduled to occur. During the enforcement period,
persons and vessels are prohibited from anchoring, blocking, loitering,
or impeding within this regulated area unless authorized by the Captain
of the Port, or his designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. 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, 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 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
SLR 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.
[[Page 52918]]
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves an SLR
lasting only 4 hours that will monitor entry to the SLR for the
duration of the enforcement period to cover before, during and after
the parade has concluded. It is categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels. All non-participant vessels or
persons engaged in protest activity will be directed to the commercial
vessel anchorage if they wish to remain in the regulated area.
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T11-034 to read as follows:
Sec. 100.T11-034 President Trump Boat Parade, San Diego, CA.
(a) Regulated areas. The regulations in this section apply to the
following area:
(1) All navigable waters, from surface to bottom, on a pre-
determined course in the northern portion of the San Diego Main Ship
Channel from Shelter Island Basin, past the Embarcadero, crossing the
federal navigable channel and ending off of Coronado Island.
(2) All navigable waters, from surface to bottom, within 200 yards
of 32[deg]43'11.0'' N, 117[deg]10'59.8'' W, within the commercial
vessel anchorage.
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Sector San Diego
(COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participants in the race.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Sector San Diego or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling the Sector San Diego JHOC at 619-278-7033.
Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP or the designated representative.
(3) All non-participants, including those engaged in protest
activity, may be directed by a designated representative to the
enforcement area described in section (a)(2) of this section, where
they must remain during the effective period unless otherwise
authorized or directed.
(4) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from noon to
4 p.m. on Sunday, September 6, 2020.
Dated: August 14, 2020.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2020-18962 Filed 8-26-20; 8:45 am]
BILLING CODE 9110-04-P
