Safety Zone; San Diego Bay, San Diego, CA, 31090-31092 [2024-08763]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES 31090 Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Rules and Regulations compliance with nvPM limits of § 34.25 of this part: (1) The values of nvPM emissions measured and computed in accordance with the procedures and calculated as required by this subpart in § 34.71 of this part and paragraphs (a) through (d) of this section; (2) For each engine tested: (i) Engine model, series, and serial number; (ii) Rated thrust (kN); (iii) Overall pressure ratio; (iv) The methods of data acquisition; and (v) The method of data analysis chosen by the applicant under paragraphs (a) through (d) of this section. (3) Demonstration that the fuel used for each test is in compliance with the fuel specification listed in Appendix 4 of ICAO Annex 16, Volume II (incorporated by reference, see § 34.4). For the fuel used for nvPM emissions certification, include the following fuel characteristics: (i) Hydrogen/carbon ratio; (ii) Net heat of combustion (MJ/kg); (iii) Hydrogen content (mass per cent); (iv) Total aromatics content (volume per cent); (v) Naphthalene content (volume per cent); and (vi) Sulfur content (ppm by mass). (4) For each engine tested for certification purposes, the following values measured and computed in accordance with the procedures of § 34.71 of this part: (i) Fuel flow (kg/s) at each thrust setting of the LTO cycle; (ii) nvPM EImass (mg/kg of fuel) at each thrust setting of the LTO cycle; (iii) nvPM mass emission rate [nvPM EImass × fuel flow] in mg/s; (iv) nvPM EInum (particles/kg of fuel) at each thrust setting of the LTO cycle; (v) nvPM number emission rate [nvPM EInum × fuel flow] in particles/s; (vi) Total gross emissions of nvPM mass measured over the LTO cycle in mg; (vii) Total gross emissions of nvPM number measured over the LTO cycle in particles; (viii) LTO nvPMmass/thrust in mg/kN; (ix) LTO nvPMnum/thrust in particles/ kN; and (x) Maximum nvPMMC in mg/m3; and (5) For each engine tested for certification purposes, the characteristic levels for the maximum nvPMMC, the LTO nvPMmass/thrust, and the LTO nvPMnum/thrust. Issued under authority provided in 42 U.S.C 4321 et seq., 7572, 49 U.S.C. 106(f), VerDate Sep<11>2014 15:31 Apr 23, 2024 Jkt 262001 40113, 44701–44702, 44703, and 44704, in Washington, DC. Michael G. Whitaker, Administrator. [FR Doc. 2024–08453 Filed 4–23–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0317] 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 certain waters of the San Diego Bay. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards during the XPONENTIAL 2024 demonstration. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector San Diego. DATES: This rule is effective from 8a.m. on April 22, 2024, to 1 p.m. on April 25, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 0317 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ SUMMARY: If you have questions about this rule, call or email Lieutenant Shelley Turner, Waterways Management Sector San Diego, U.S. Coast Guard; telephone 619– 278–7261, email Shelley.E.Turner@ uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations 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 under authority in 5 U.S.C. 553(b)(B). This statutory PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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.’’ The Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it impracticable. The Coast Guard did not receive adequate notice to solicit comments provide prior notice on the need for the safety zone. We must forgo notice and comment to provide safety to protect personnel, vessels, and the marine environment from potential hazards during the demonstration. Also, 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 and contrary to the public interest because the Coast Guard must establish this safety zone by April 22, 2024 to protect the public and property in the area. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector San Diego (COTP) has determined that potential hazards associated with the XPONENTIAL 2024 demonstration from April 22, 2024, to April 25, 2024, will be a safety concern for anyone within a 100-yard distance from the proposed zone. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during the demonstration. IV. Discussion of the Rule This rule establishes a safety zone from 8 a.m. on April 22, 2024, to 1 p.m. on April 25, 2024. The safety zone will cover all navigable waters within 100 yards of the following coordinates; 32°42′16.81″ N 117°09′58.72″ W, 32°42′10.57″ N 117°10′04.98″ W, 32°41′ 57.10″ N 117°09′46.17″ W, 32°42′08.28″ N 117°09′33.50″ W, 32°42′14.00″ N 117°09′44.63″ W, 32°42′09.58″ N 117°09′49.26″ W, 32°42′16.81″ N 117°09′58.72″ W. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the XPONENTIAL 2024 demonstration is being conducted. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. E:\FR\FM\24APR1.SGM 24APR1 Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Rules and Regulations 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. This rule has not been designated a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, location, duration, and time-of-day of the regulated area. The affected portion of the San Diego Bay will be of very limited duration and is necessary for safety of life to participants in the event. Moreover, the Coast Guard will issue a Safety Marine Information Broadcast over Channel 22A. khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 15:31 Apr 23, 2024 Jkt 262001 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. 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. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 31091 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 100 yard perimeter around the coordinates during the duration set forth in this temporary final rule. 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 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. 2. Add § 165.T11–130 to read as follows: ■ § 165.T11–130 Safety Zone; San Diego Bay, San Diego, California. (a) Location. The following area is a safety zone: all water surface to the bottom encompassing a 100-yard perimeter around the following coordinates; 32°42′6.81″ N 117°09′58.72″ W, 32°42′ 0.57″ N 117°10′04.98″ W, 32°41′57.10″ N E:\FR\FM\24APR1.SGM 24APR1 31092 Federal Register / Vol. 89, No. 80 / Wednesday, April 24, 2024 / Rules and Regulations 117°09′46.17″ W, 32°42′08.28″ N 117°09′33.50″ W, 32°42′14.00″ N 117°09′44.63″ W, 32°42′09.58″ N 117°09′49.26″ W, 32°42′16.81″ N 117°09′58.72″ W. (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 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–FM Channel 21A or by telephone at 619–278–7033. 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 8 a.m. on April 22, 2024, to 1 p.m. on April 25, 2024. J.W. Spitler, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2024–08763 Filed 4–19–24; 4:15 pm] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 240314–0080; RTID 0648– XD892] Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; 2024 Closure of the Northern Gulf of Maine Scallop Management Area to the Limited Access General Category Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. khammond on DSKJM1Z7X2PROD with RULES AGENCY: NMFS announces the closure of the Northern Gulf of Maine (NGOM) Scallop Management Area for the remainder of the 2024 fishing year for Limited Access General Category vessels. Regulations require this action once NMFS projects that 100 percent of SUMMARY: VerDate Sep<11>2014 15:31 Apr 23, 2024 Jkt 262001 the Northern Gulf of Maine Set-Aside will be harvested. This action is intended to prevent the overharvest of the 2024 Northern Gulf of Maine SetAside. DATES: Effective 0001 hour local time, April 20, 2024, through March 31, 2025. FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst, (978) 281–9233. SUPPLEMENTARY INFORMATION: The regulations governing fishing activity in the NGOM Scallop Management Area are located in 50 CFR 648.54 and 648.62. These regulations authorize vessels issued a valid Federal scallop permit to fish in the NGOM Scallop Management Area under specific conditions, including the NGOM SetAside for the 2024 fishing year, and a State Waters Exemption Program for the State of Maine and Commonwealth of Massachusetts. Section 648.62(b)(2) requires the NGOM Scallop Management Area to be closed to scallop vessels issued Federal Limited Access General Category (LAGC) scallop permits, except as provided below, for the remainder of the fishing year once the NMFS Greater Atlantic Regional Administrator determines that 100 percent of the NGOM Set-Aside is projected to be harvested. Any vessel that holds a Federal NGOM (LAGC B) or Individual Fishing Quota (IFQ) (LAGC A) permit may continue to fish in the Maine or Massachusetts state waters portion of the NGOM Scallop Management Area under the State Waters Exemption Program found in § 648.54 provided it has a valid Maine or Massachusetts state scallop permit and fishes only in that state’s respective waters. Based on trip declarations by federally permitted LAGC scallop vessels fishing in the NGOM Scallop Management Area and analysis of fishing effort, we project that the 2024 NGOM Set-Aside will be harvested as of April 20, 2024. Therefore, in accordance with § 648.62(b)(2), the NGOM Scallop Management Area is closed to all federally permitted LAGC scallop vessels as of April 20, 2024. As of this date, no vessel issued a Federal LAGC scallop permit may fish for, possess, or land scallops in or from the NGOM Scallop Management Area after 0001 local time, April 20, 2024, unless the vessel is fishing exclusively in state waters and is participating in an approved state waters exemption program as specified in § 648.54. Any federally permitted LAGC scallop vessel that has declared into the NGOM Scallop Management Area, complied with all trip notification and observer PO 00000 Frm 00016 Fmt 4700 Sfmt 9990 requirements, and crossed the vessel monitoring system demarcation line on the way to the area before 0001, April 20, 2024, may complete its trip and land scallops. This closure is in effect until the end of the 2024 scallop fishing year, through March 31, 2025. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA, finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest and impracticable. NMFS also finds, pursuant to 5 U.S.C 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reasons noted below. The NGOM Scallop Management Area opened for the 2024 fishing year on April 1, 2024. The regulations at § 648.60(b)(2) require this closure to ensure that federally permitted scallop vessels do not harvest more than the allocated NGOM SetAside. NMFS can only make projections for the NGOM closure date as trips into the area occur on a real-time basis and as activity trends appear. As a result, NMFS can typically make an accurate projection only shortly before the setaside is harvested. The rapid harvest rate that has occurred in the last 2 weeks makes it more difficult to project a closure well in advance. To allow federally permitted LAGC scallop vessels to continue taking trips in the NGOM Scallop Management Area during the period necessary to publish and receive comments on a proposed rule would result in vessels harvesting more than the 2024 NGOM Set-Aside for the NGOM Scallop Management Area. This would result in excessive fishing effort in the area thereby undermining conservation objectives of the Atlantic Sea Scallop Fishery Management Plan and requiring more restrictive future management measures to make up for the excessive harvest. Also, the public had prior notice and full opportunity to comment on this closure process when we solicited comments during rulemaking for 2024 NGOM management provisions (89 FR 20341, March 22, 2024). Authority: 16 U.S.C. 1801 et seq. Dated: April 18, 2024. Everett Wayne Baxter, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–08721 Filed 4–19–24; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\24APR1.SGM 24APR1

Agencies

[Federal Register Volume 89, Number 80 (Wednesday, April 24, 2024)]
[Rules and Regulations]
[Pages 31090-31092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08763]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0317]
RIN 1625-AA00


Safety Zone; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the San Diego Bay. The safety zone is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards during the XPONENTIAL 2024 demonstration. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Sector San Diego.

DATES: This rule is effective from 8a.m. on April 22, 2024, to 1 p.m. 
on April 25, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0317 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant Shelley Turner, Waterways Management Sector 
San Diego, U.S. Coast Guard; telephone 619-278-7261, 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 under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because it impracticable. 
The Coast Guard did not receive adequate notice to solicit comments 
provide prior notice on the need for the safety zone. We must forgo 
notice and comment to provide safety to protect personnel, vessels, and 
the marine environment from potential hazards during the demonstration.
    Also, 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 and contrary to the public interest 
because the Coast Guard must establish this safety zone by April 22, 
2024 to protect the public and property in the area.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector San Diego (COTP) has determined 
that potential hazards associated with the XPONENTIAL 2024 
demonstration from April 22, 2024, to April 25, 2024, will be a safety 
concern for anyone within a 100-yard distance from the proposed zone. 
This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during the 
demonstration.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. on April 22, 2024, 
to 1 p.m. on April 25, 2024. The safety zone will cover all navigable 
waters within 100 yards of the following coordinates; 32[deg]42'16.81'' 
N 117[deg]09'58.72'' W, 32[deg]42'10.57'' N 117[deg]10'04.98'' W, 
32[deg]41' 57.10'' N 117[deg]09'46.17'' W, 32[deg]42'08.28'' N 
117[deg]09'33.50'' W, 32[deg]42'14.00'' N 117[deg]09'44.63'' W, 
32[deg]42'09.58'' N 117[deg]09'49.26'' W, 32[deg]42'16.81'' N 
117[deg]09'58.72'' W. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the XPONENTIAL 2024 demonstration is being conducted. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

[[Page 31091]]

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the regulated area. The affected 
portion of the San Diego Bay will be of very limited duration and is 
necessary for safety of life to participants in the event. Moreover, 
the Coast Guard will issue a Safety Marine Information Broadcast over 
Channel 22A.

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.

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 100 
yard perimeter around the coordinates during the duration set forth in 
this temporary final rule. 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T11-130 to read as follows:


Sec.  165.T11-130  Safety Zone; San Diego Bay, San Diego, California.

    (a) Location. The following area is a safety zone: all water 
surface to the bottom encompassing a 100-yard perimeter around the 
following coordinates; 32[deg]42'6.81'' N 117[deg]09'58.72'' W, 
32[deg]42' 0.57'' N 117[deg]10'04.98'' W, 32[deg]41'57.10'' N

[[Page 31092]]

117[deg]09'46.17'' W, 32[deg]42'08.28'' N 117[deg]09'33.50'' W, 
32[deg]42'14.00'' N 117[deg]09'44.63'' W, 32[deg]42'09.58'' N 
117[deg]09'49.26'' W, 32[deg]42'16.81'' N 117[deg]09'58.72'' W.
    (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 
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-FM Channel 21A or by telephone at 619-278-7033. 
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 8 a.m. 
on April 22, 2024, to 1 p.m. on April 25, 2024.

J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2024-08763 Filed 4-19-24; 4:15 pm]
BILLING CODE 9110-04-P
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