Safety Zone; Vessel Launch, San Diego Bay, San Diego, CA, 75971-75973 [2024-21042]

Download as PDF ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations Regulated area is the combined course area and buffer area. Spectators are all persons and vessels not registered with the sponsor as participants, support vessels, or enforcement vessels. (c) Regulations. (1) The COTP or PATCOM may forbid and control the movement of all vessels and persons, including event participants, in the regulated area. When hailed or signaled by an official patrol, a vessel or person in the regulated area shall immediately comply with the lawful directions given by the patrol. Failure to do so may result in the Coast Guard expelling the person or vessel from the area, issuing a citation for failure to comply, or both. The COTP or PATCOM may terminate the event at any time the COTP or PATCOM believes it necessary to do so for the protection of life. (2) Except for participants and safety support vessels, a person or vessel within the regulated area at the start of enforcement of this section must immediately depart the regulated area. (3) Support and enforcement vessels consist of any local law enforcement and sponsor provided vessels assigned or approved by the COTP, the event PATCOM, or COTP designated representatives, to patrol the regulated area. (4) Spectators shall not enter into, anchor, block, loiter, or impede the transit of participants or support and enforcement vessels in the regulated area during the enforcement of this section, unless cleared for entry by the COTP, the event PATCOM, or the COTP’s designated representatives. (5) Persons desiring to transit the regulated area identified may contact the COTP in advance at the Sector Honolulu Command Center telephone number (808) 842–2603 or immediately prior to or during the event to the COTP’s PATCOM or designated representative on VHF–FM marine channel 16 (156.8 Mhz) to seek permission to transit or remain in the area. If permission is granted, all persons and vessels must comply with the lawful instructions of the COTP, the event PATCOM, or the COTP’s designated representative and proceed at the minimum speed necessary to maintain a safe course while in the area. (6) If enforcement of the regulated area is no longer necessary, the COTP, event Patrol Commander, or COTP designated representative will inform the public through radio broadcasts that the regulated area is no longer being enforced. (d) Enforcement officials. The Coast Guard may be assisted with event patrol and enforcement of the regulated area VerDate Sep<11>2014 16:25 Sep 16, 2024 Jkt 262001 by other Federal, State, and local agencies. (e) Enforcement period. The marine event and special local regulation in this section will be enforced from 3:45 a.m. to 11 a.m. on October 20 and 26, 2024. Dated: September 10, 2024. Aja L. Kirksey, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 2024–21070 Filed 9–16–24; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0815] RIN 1625–AA00 Safety Zone; Vessel Launch, San Diego Bay, San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters in the vicinity of General Dynamics NASSCO shipyard in San Diego Bay, San Diego, CA, during the launch of the USNS Lucy Stone. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the launching of the USNS Lucy Stone. 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 10:30 a.m. on September 21, 2024, through 1 p.m. on September 21, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 0815 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, U.S. Coast Guard Sector San Diego, CA; telephone 619–278–7656, email MarineEventsSD@ uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 75971 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 the authority in 5 U.S.C. 553(b)(4)(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 is impracticable. It is impracticable to publish an NPRM because we must establish this safety zone by September 21, 2024, to ensure the safety of response personnel and mariners associated with the launching of the USNS Lucy Stone. 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 is impracticable because this rule is needed to protect mariners, commercial and recreational waterway users, and the USNS Lucy Stone from dangers associated with the launching of the USNS Lucy Stone on September 21, 2024. 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 launching of the USNS Lucy Stone on September 21, 2024 will be a safety concern for anyone in the vicinity of the General Dynamics NASSCO shipyard, San Diego Bay, San Diego, CA. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the USNS Lucy Stone is being launched. IV. Discussion of the Rule This rule establishes a safety zone from 10:30 a.m. until 1 p.m. on September 21, 2024. The safety zone will be in the vicinity of General Dynamics NASSCO shipyard in San Diego Bay, San Diego, CA. The safety zone will cover all navigable waters, from surface to sea bottom, of the San Diego Bay, CA, created by connecting the following points: beginning at 32°41.39′ N, 117°08.66′ W (Point A); thence running southwesterly to 32°41.24′ N, 117°09.05′ W (Point B); E:\FR\FM\17SER1.SGM 17SER1 75972 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations thence running southeasterly to 32°41.05′ N, 117°08.73′ W (Point C); thence running northeasterly to 32°41.20′ N, 117°08.34′ W (Point D); thence running northwesterly 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 USNS Lucy Stone is being launched. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. To seek permission to enter, hail Coast Guard Sector San Diego on VHF– FM Channel 16 or call the 24-hour Command Center at (619) 278–7000. 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. A designated representative means a Coast Guard coxswain or petty officer designated by or assisting the Captain of the Port Sector San Diego (COTP) in the enforcement of the safety zone. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate for the enforcement times and dates for the safety zone. ddrumheller on DSK120RN23PROD with RULES1 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, 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 weekend when vessel traffic is normally low. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VerDate Sep<11>2014 16:25 Sep 16, 2024 Jkt 262001 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. 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 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 less three hours that will prohibit entry within certain navigable waters of San Diego Bay, San Diego, CA, 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. E:\FR\FM\17SER1.SGM 17SER1 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 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. given to them by the COTP or the COTP’s designated representative. (d) Enforcement period. This section will be enforced from 10:30 a.m. to 1 p.m. on September 21, 2024. reference in the Code of Federal Regulations as follows (see 39 CFR 111.1): J.W. Spitler, Captain, U.S. Coast Guard, Captain of the Port, San Diego. ■ POSTAL SERVICE ■ 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.T11–178 to read as follows: ■ ddrumheller on DSK120RN23PROD with RULES1 § 165.T11–178 Safety Zone; Vessel Launch, 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 beginning at 32°41.39′ N, 117°08.66′ W (Point A); thence running southwesterly to 32°41.24′ N, 117°09.05′ W (Point B); thence running southeasterly to 32°41.05′ N, 117°08.73′ W (Point C); thence running northeasterly to 32°41.20′ N, 117°08.34′ W (Point D); thence running northwesterly 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 Sector San Diego (COTP) in the enforcement of the safety zone. (c) Regulations. 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 16:25 Sep 16, 2024 Jkt 262001 Postal ServiceTM. Final rule. AGENCY: 1. The authority citation for part 165 continues to read as follows: VerDate Sep<11>2014 2. Revise the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) as follows: OEL and Carrier Route Information Lines ■ 1. The authority citation for 39 CFR part 111 continues to read as follows: BILLING CODE 9110–04–P 39 CFR Part 111 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS PART 111—[AMENDED] Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 401–404, 414, 416, 3001–3018, 3201–3220, 3401–3406, 3621, 3622, 3626, 3629, 3631– 3633, 3641, 3681–3685, and 5001. [FR Doc. 2024–21042 Filed 9–16–24; 8:45 am] 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: 75973 ACTION: * The Postal Service is amending Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) to revise the requirements for using optional endorsement lines or carrier route information lines on USPS Marketing Mail carrier route letters. DATES: Effective: January 19, 2025. FOR FURTHER INFORMATION CONTACT: Dale Kennedy at (202) 268–6592 or Doriane Harley at (202) 268–2537. SUPPLEMENTARY INFORMATION: The Postal Service will revise the standards in DMM section 203.8.1 to require optional endorsement lines or carrier route information lines on all USPS Marketing Mail carrier route letters to become effective on January 19, 2025. Comments on Proposed changes and USPS responses: The Postal Service received one formal comment on the June 28, 2024 proposed rule. • Commenter expressed concerns related to costs to implement this change by the proposed effective date. The Postal Service has decided to delay the implementation date of this change to become effective on January 19, 2025. The Postal Service adopts the described changes to Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), incorporated by reference in the Code of Federal Regulations. We will publish an appropriate amendment to 39 CFR part 111 to reflect these changes. SUMMARY: List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. Accordingly, the Postal Service amends Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), incorporated by PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) * * * * 200 Commercial Letters, Cards, Flats, and Parcels * * * * * 203 Basic Postage Statement, Documentation, and Preparation Standards * * * * * 8.0 Carrier Route Information Lines 8.1 Basic Information [Revise the text of 8.1 to read as follows:] Mailers must prepare bundles of all mailpieces mailed at carrier route prices with optional endorsement lines under 7.0, carrier route information lines under 8.2, or facing slips (see 203.4.0). Mailers must use optional endorsement lines or carrier route information lines on all pieces in mailings of USPS Marketing Mail letters prepared under 245.6.7 and 245.6.10. * * * * * Colleen Hibbert-Kapler, Attorney, Ethics and Legal Compliance. [FR Doc. 2024–21119 Filed 9–16–24; 8:45 am] BILLING CODE 7710–12–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2023–0186; FRL–12105– 02–R1] Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Regional Haze State Implementation Plan for the Second Implementation Period Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: E:\FR\FM\17SER1.SGM 17SER1

Agencies

[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Rules and Regulations]
[Pages 75971-75973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21042]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0815]
RIN 1625-AA00


Safety Zone; Vessel Launch, 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 
navigable waters in the vicinity of General Dynamics NASSCO shipyard in 
San Diego Bay, San Diego, CA, during the launch of the USNS Lucy Stone. 
The safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards associated with the launching of the 
USNS Lucy Stone. 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 10:30 a.m. on September 21, 2024, 
through 1 p.m. on September 21, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0815 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, 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 under the authority 
in 5 U.S.C. 553(b)(4)(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 is 
impracticable. It is impracticable to publish an NPRM because we must 
establish this safety zone by September 21, 2024, to ensure the safety 
of response personnel and mariners associated with the launching of the 
USNS Lucy Stone.
    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 is impracticable because this rule is needed to protect 
mariners, commercial and recreational waterway users, and the USNS Lucy 
Stone from dangers associated with the launching of the USNS Lucy Stone 
on September 21, 2024.

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 launching of the USNS Lucy 
Stone on September 21, 2024 will be a safety concern for anyone in the 
vicinity of the General Dynamics NASSCO shipyard, San Diego Bay, San 
Diego, CA. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone while 
the USNS Lucy Stone is being launched.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10:30 a.m. until 1 p.m. on 
September 21, 2024. The safety zone will be in the vicinity of General 
Dynamics NASSCO shipyard in San Diego Bay, San Diego, CA. The safety 
zone will cover all navigable waters, from surface to sea bottom, of 
the San Diego Bay, CA, created by connecting the following points: 
beginning at 32[deg]41.39' N, 117[deg]08.66' W (Point A); thence 
running southwesterly to 32[deg]41.24' N, 117[deg]09.05' W (Point B);

[[Page 75972]]

thence running southeasterly to 32[deg]41.05' N, 117[deg]08.73' W 
(Point C); thence running northeasterly to 32[deg]41.20' N, 
117[deg]08.34' W (Point D); thence running northwesterly 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 USNS Lucy Stone is being launched. No vessel or person 
will be permitted to enter the safety zone without obtaining permission 
from the COTP or a designated representative.
    To seek permission to enter, hail Coast Guard Sector San Diego on 
VHF-FM Channel 16 or call the 24-hour Command Center at (619) 278-7000. 
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. A designated representative means a Coast Guard 
coxswain or petty officer designated by or assisting the Captain of the 
Port Sector San Diego (COTP) in the enforcement of the safety zone.
    The COTP or a designated representative will inform the public 
through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners 
(LNMs), and/or Marine Safety Information Bulletins (MSIBs) as 
appropriate for the enforcement times and dates for the safety zone.

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, 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 weekend 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.

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 less three hours that will prohibit entry within 
certain navigable waters of San Diego Bay, San Diego, CA, 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.

[[Page 75973]]

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.T11-178 to read as follows:


Sec.  165.T11-178  Safety Zone; Vessel Launch, 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 beginning 
at 32[deg]41.39' N, 117[deg]08.66' W (Point A); thence running 
southwesterly to 32[deg]41.24' N, 117[deg]09.05' W (Point B); thence 
running southeasterly to 32[deg]41.05' N, 117[deg]08.73' W (Point C); 
thence running northeasterly to 32[deg]41.20' N, 117[deg]08.34' W 
(Point D); thence running northwesterly 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 Sector San Diego (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. 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 10:30 
a.m. to 1 p.m. on September 21, 2024.

J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 2024-21042 Filed 9-16-24; 8:45 am]
BILLING CODE 9110-04-P


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