Safety Zone; Vessel Launch, San Diego Bay, San Diego, CA, 75971-75973 [2024-21042]
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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
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16:25 Sep 16, 2024
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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);
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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.
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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
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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]
-----------------------------------------------------------------------
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