Special Local Regulation; Kailua Bay, Ironman World Championship, Kailua-Kona, Hawaii, 75968-75971 [2024-21070]
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Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations
financial institutions or other transaction
intermediaries, and requiring the recipient of
the order or directive to promptly disclose it
to affected persons with whom the recipient
maintains direct commercial relationships.
Inquiries regarding any such order should be
directed to OFAC’s Compliance Division at
202–622–2490 or https://ofac.treasury.gov/
contact-ofac.
Note 5 to § 594.201. Subpart E of part 501
of this chapter describes the procedures to be
followed for the release of property and
interests in property blocked pursuant to this
section, including funds blocked due to
mistaken identity or typographical or similar
errors, and for administrative reconsideration
of one’s status as a person whose property
and interests in property are blocked
pursuant to paragraph (a) of this section.
*
*
*
*
*
PART 598—FOREIGN NARCOTICS
KINGPIN SANCTIONS REGULATIONS
68. The authority citation for part 598
continues to read as follows:
■
Authority: 3 U.S.C. 301; 21 U.S.C. 1901–
1908; 31 U.S.C. 321(b); Pub. L. 101–410, 104
Stat. 890, as amended (28 U.S.C. 2461 note).
Subpart B—Prohibitions
69. Amend § 598.202 by revising and
republishing note 2 to paragraph (a) to
read as follows:
■
§ 598.202
Prohibited transactions.
(a) * * *
Note 2 to paragraph (a). Subpart E of part
501 of this chapter describes the procedures
to be followed for the release of property and
interests in property blocked pursuant to this
section, including funds blocked due to
mistaken identity or typographical or similar
errors, and for administrative reconsideration
of one’s status as a person whose property
and interests in property are blocked
pursuant to this paragraph (a).
*
*
*
*
*
70. Amend § 598.314 as follows:
a. In note 2 to § 598.314, in the second
sentence:
■ i. Remove ‘‘The names’’ and add in its
place ‘‘Except as described in note 3 to
this section, the names’’; and
■ ii. Remove ‘‘also’’.
■ b. Redesignate note 3 to § 598.314 as
note 4 to § 598.314.
■ c. Add new note 3 to § 598.314.
■ d. Revise newly designated note 4 to
§ 598.314.
The addition and revision read as
follows:
ddrumheller on DSK120RN23PROD with RULES1
■
■
§ 598.314 Specially designated narcotics
trafficker.
*
*
*
*
*
Note 3 to § 598.201. In certain cases, OFAC
may issue an order to: identify as blocked
specific property or interests in property of
VerDate Sep<11>2014
16:25 Sep 16, 2024
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a specially designated narcotics trafficker;
block specific property or interests in
property of a person pending investigation;
or block or impose other prohibitions with
respect to specific property or interests in
property less than full blocking sanctions.
Notice of such orders will be provided: by
publication in the Federal Register; in
writing to persons OFAC may assess to have
an interest in the property; or by issuing an
order or directive in writing to financial
institutions or other transaction
intermediaries, and requiring the recipient of
the order or directive to promptly disclose it
to affected persons with whom the recipient
maintains direct commercial relationships.
Inquiries regarding any such order should be
directed to OFAC’s Compliance Division at
202–622–2490 or https://ofac.treasury.gov/
contact-ofac.
Note 4 to § 598.314. Subpart E of part 501
of this chapter describes the procedures to be
followed for the unblocking of property and
interests in property blocked pursuant to this
section, including funds blocked due to
mistaken identity or typographical or similar
errors, and for administrative reconsideration
of one’s status as a person whose property
and interests in property are blocked
pursuant to this part.
blocking sanctions. Notice of such orders will
be provided: by publication in the Federal
Register; in writing to persons OFAC may
assess to have an interest in the property; or
by issuing an order or directive in writing to
financial institutions or other transaction
intermediaries, and requiring the recipient of
the order or directive to promptly disclose it
to affected persons with whom the recipient
maintains direct commercial relationships.
Inquiries regarding any such order should be
directed to OFAC’s Compliance Division at
202–622–2490 or https://ofac.treasury.gov/
contact-ofac.
*
*
*
*
*
Note 5 to § 599.201. Subpart E of part 501
of this chapter describes the procedures to be
followed for the release of property and
interests in property blocked pursuant to this
section, including funds blocked due to
mistaken identity or typographical or similar
errors, and for administrative reconsideration
of one’s status as a person whose property
and interests in property are blocked
pursuant to this section.
Lisa M. Palluconi,
Acting Director, Office of Foreign Assets
Control.
[FR Doc. 2024–20857 Filed 9–13–24; 8:45 am]
PART 599—ILLICIT DRUG TRADE
SANCTIONS REGULATIONS
BILLING CODE 4810–AL–P
71. The authority citation for part 599
is revised to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
■
Authority: 3 U.S.C. 301; 21 U.S.C. 2301 et
seq.; 31 U.S.C. 321(b); 50 U.S.C. 1601–1651,
1701–1706; Pub. L. 101–410, 104 Stat. 890,
as amended (28 U.S.C. 2461 note); E.O.
14059, 86 FR 71549, 3 CFR, 2021 Comp., p.
715.
Coast Guard
33 CFR Part 100
[Docket Number USCG–2024–0771]
RIN 1625–AA08
Subpart B—Prohibitions
72. Amend § 599.201 as follows:
a. In note 2 to § 599.201, in the second
sentence:
■ i. Remove ‘‘The names’’ and add in its
place ‘‘Except as described in note 3 to
this section, the names’’; and
■ ii. Remove ‘‘also’’.
■ b. Redesignate notes 3 and 4 to
§ 599.201 as notes 4 and 5 to § 599.201,
respectively.
■ c. Add new note 3 to § 599.201.
■ d. Revise newly designated note 5 to
§ 599.201.
The addition and revision read as
follows:
■
■
§ 599.201
*
*
Prohibited transactions.
*
*
*
Note 3 to § 599.201. In certain cases, OFAC
may issue an order to: identify as blocked
specific property or interests in property of
a person designated or otherwise blocked
pursuant to this section; block specific
property or interests in property of a person
pending investigation; or block or impose
other prohibitions with respect to specific
property or interests in property less than full
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Special Local Regulation; Kailua Bay,
Ironman World Championship, KailuaKona, Hawaii
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for certain waters of Kailua
Bay, Hawaii, from Kailua Pier to about
3 miles southeast in Kahului Bay. This
action is necessary to protect persons on
these navigable waters located at KailuaKona, HI, during the swim portion of
the Ironman World Championship
Triathlon and practice swim held on
October 20 and 26, 2024. Entry of
persons and vessels into the regulated
area is prohibited unless specifically
authorized by the Sector Honolulu
Captain of the Port.
DATES: This rule is effective from 3:45
a.m. to 1:30 p.m., on October 20 and 26,
2024.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
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Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0771 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions about this rule, call
or email Petty Officer Vivian S.
Gonzalez, Waterways Management
Division, U.S. Coast Guard Sector
Honolulu; telephone (808) 522–8264,
email Vivian.S.Gonzalez@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
SLR Special Local Regulation
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.’’ This annually reoccurring
event has a permanent special local
regulation, 33 CFR 100.1402, with
enforcement dates on the first two
weekends in October. This year,
however, the event is occurring on
October 20 and 26, 2024 due to conflicts
of schedules. The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because prompt
action is necessary to respond to the
potential safety hazards associated with
the swim event. It is impracticable to
publish an NPRM because we must
establish this special local regulation by
October 20, 2024.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port Sector Honolulu
(COTP) has determined that potential
safety hazards exist necessitating the
movement restriction of all vessels and
persons, including event participants, in
the regulated area. The purpose of this
rule is to ensure safety of persons and
navigable waters in the regulated area
before, during, and after the events.
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IV. Discussion of the Rule
This rule establishes a special local
regulation from 3:45 a.m. to 1:30 p.m.,
on October 20 and 26, 2024. The
regulated area will cover all navigable
waters of Kailua Bay within 100 yards
adjacent to the 2.4 mile (4,224 yards)
swim course, starting at the shoreline
northeast of Kailua Pier at 19°38.341′ N,
155°59.782′ W; thence southeast to
19°37.416′ N, 155°59.444′ W; thence
southwest to 19°37.397′ N, 155°59.500′
W; thence northwest to 19°38.150′ N,
155°59.760′ W, thence north and back to
Kailua Pier at 19°38.398′ N, 155°59.816′
W, and returning along the pier to the
originating point on the shoreline at
19°38.341′ N, 155°59.782′ W.
The duration of the rule and size of
the regulated area is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
before, during, and after the event
scheduled from 3:45 a.m. to 1:30 p.m.
on October 20 and 26, 2024. The COTP
and Coast Guard Patrol Commander
(PATCOM) will have authority to 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 will be required to
immediately comply with the lawful
directions given by the COTP or
PATCOM. If a person or vessel fails to
follow such directions, the Coast Guard
may expel them from the area, issue
them a citation for failure to comply, or
both.
Except for event participants and
vessels already identified as part of the
event safety or security, a vessel or
person will be required to get
permission from the COTP or PATCOM
before entering the regulated area while
the rule is enforced. Vessel operators
can request permission to enter and
transit through the regulated area by
contacting the PATCOM on VHF–FM
channel 16. Vessel traffic will be able to
safely transit the regulated area once the
PATCOM deems it safe to do so. A
person or vessel not registered with the
event sponsor as a participant or
assigned as official patrols will be
considered a spectator. Official Patrols
are any vessel assigned or approved by
the Commander, Coast Guard Sector
Honolulu, with a commissioned,
warrant, or petty officer on board.
If permission is granted by the COTP
or PATCOM, a person or vessel will be
allowed to enter the regulated area or
pass directly through the regulated area
as instructed. Vessels will be required to
operate at a safe speed while within the
regulated area. Official patrol vessels
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75969
will assist with the safety of the event
and ensure spectator vessels remain
outside the regulated area. The
designated swim area will remain
closed until the scheduled swim events
have concluded and the regulated area
is deemed safe for normal operations.
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 size, location, duration, and
time-of-day of the rule. Vessel traffic
will be able to safely transit around the
regulated area which will impact a
small, designated area of the KailuaKona Bay for less than 10 hours during
two weekends when vessel traffic is
normally low. Moreover, the Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the regulated area, and the rule
will allow vessels to seek permission to
enter the regulated area, as well as a
Local Notice to Mariners to prepare all
waterways users.
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 regulated
area may be small entities, for the
reasons stated in section V.A above, this
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Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations
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 will
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).
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A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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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
implementation of regulations within 33
CFR part 100 applicable to organized
marine events on the navigable waters
of the United States that could
negatively impact the safety of
waterway users. It is categorically
excluded from further review under
paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1.
G. Protest Activities
D. Federalism and Indian Tribal
Governments
VerDate Sep<11>2014
E. Unfunded Mandates Reform Act
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 100
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 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
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2. Add § 100.T14–0771 to read as
follows:
■
§ 100.T14–0771 Special Local Regulation;
Kailua Bay, Ironman World Championship,
Kailua-Kona, Hawaii.
(a) Regulated areas. The regulations
in this section apply to the following
area: all navigable waters starting at the
shoreline northeast of Kailua Pier at
19°38.341′ N, 155°59.782′ W; thence
southeast to 19°37.416′ N, 155°59.444′
W; thence southwest to 19°37.397′ N,
155°59.500′ W; thence northwest to
19°38.150′ N, 155°59.760′ W, thence
north and back to Kailua Pier at
19°38.398′ N, 155°59.816′ W, and
returning along the pier to the
originating point on the shoreline at to
19°38.341′ N, 155°59.782′ W. These
coordinates reference Datum NAD 1983.
(b) Definitions. As used in this
section:
Buffer area is a neutral 100-yard area
that surrounds the perimeter of the
course area’s navigable waters as
described by this section. The purpose
of a buffer area is to minimize potential
collision conflicts with marine event
participants and spectator vessels or
nearby transiting vessels. This area
provides separation between a course
area and spectator viewing areas.
Captain of the Port Honolulu (COTP)
means the Commander, U.S. Coast
Guard Sector Honolulu or any Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
COTP to act on their behalf.
Coast Guard Patrol Commander
(PATCOM) means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated as
PATCOM by the Commander, Coast
Guard Sector Honolulu.
Course area is an area described by a
line bound by coordinates provided in
latitude and longitude that outlines the
boundary of the event swim area within
the overall regulated area defined by
this section. The 2.24-mile (4,224 yards)
swim course is a temporary marked
swim course within the regulated area
located in Kailua Bay.
Enforcement vessels are designated
vessels authorized by the COTP, the
event PATCOM, or COTP’s designated
representatives to support the safety and
security of the marine event.
Official patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Honolulu with a
commissioned, warrant, or petty officer
on board.
Participant means any persons
registered with the event sponsor as
participating in the Ironman Triathlon
or practice swim.
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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
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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
]]>Agencies
[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Rules and Regulations]
[Pages 75968-75971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21070]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0771]
RIN 1625-AA08
Special Local Regulation; Kailua Bay, Ironman World Championship,
Kailua-Kona, Hawaii
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of Kailua Bay, Hawaii, from Kailua Pier
to about 3 miles southeast in Kahului Bay. This action is necessary to
protect persons on these navigable waters located at Kailua-Kona, HI,
during the swim portion of the Ironman World Championship Triathlon and
practice swim held on October 20 and 26, 2024. Entry of persons and
vessels into the regulated area is prohibited unless specifically
authorized by the Sector Honolulu Captain of the Port.
DATES: This rule is effective from 3:45 a.m. to 1:30 p.m., on October
20 and 26, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 75969]]
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0771 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 Petty Officer Vivian S. Gonzalez, Waterways Management
Division, U.S. Coast Guard Sector Honolulu; telephone (808) 522-8264,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
SLR Special Local Regulation
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.'' This annually
reoccurring event has a permanent special local regulation, 33 CFR
100.1402, with enforcement dates on the first two weekends in October.
This year, however, the event is occurring on October 20 and 26, 2024
due to conflicts of schedules. The Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because prompt action is necessary to respond to
the potential safety hazards associated with the swim event. It is
impracticable to publish an NPRM because we must establish this special
local regulation by October 20, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Honolulu (COTP) has determined
that potential safety hazards exist necessitating the movement
restriction of all vessels and persons, including event participants,
in the regulated area. The purpose of this rule is to ensure safety of
persons and navigable waters in the regulated area before, during, and
after the events.
IV. Discussion of the Rule
This rule establishes a special local regulation from 3:45 a.m. to
1:30 p.m., on October 20 and 26, 2024. The regulated area will cover
all navigable waters of Kailua Bay within 100 yards adjacent to the 2.4
mile (4,224 yards) swim course, starting at the shoreline northeast of
Kailua Pier at 19[deg]38.341' N, 155[deg]59.782' W; thence southeast to
19[deg]37.416' N, 155[deg]59.444' W; thence southwest to 19[deg]37.397'
N, 155[deg]59.500' W; thence northwest to 19[deg]38.150' N,
155[deg]59.760' W, thence north and back to Kailua Pier at
19[deg]38.398' N, 155[deg]59.816' W, and returning along the pier to
the originating point on the shoreline at 19[deg]38.341' N,
155[deg]59.782' W.
The duration of the rule and size of the regulated area is intended
to protect personnel, vessels, and the marine environment in these
navigable waters before, during, and after the event scheduled from
3:45 a.m. to 1:30 p.m. on October 20 and 26, 2024. The COTP and Coast
Guard Patrol Commander (PATCOM) will have authority to 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 will be
required to immediately comply with the lawful directions given by the
COTP or PATCOM. If a person or vessel fails to follow such directions,
the Coast Guard may expel them from the area, issue them a citation for
failure to comply, or both.
Except for event participants and vessels already identified as
part of the event safety or security, a vessel or person will be
required to get permission from the COTP or PATCOM before entering the
regulated area while the rule is enforced. Vessel operators can request
permission to enter and transit through the regulated area by
contacting the PATCOM on VHF-FM channel 16. Vessel traffic will be able
to safely transit the regulated area once the PATCOM deems it safe to
do so. A person or vessel not registered with the event sponsor as a
participant or assigned as official patrols will be considered a
spectator. Official Patrols are any vessel assigned or approved by the
Commander, Coast Guard Sector Honolulu, with a commissioned, warrant,
or petty officer on board.
If permission is granted by the COTP or PATCOM, a person or vessel
will be allowed to enter the regulated area or pass directly through
the regulated area as instructed. Vessels will be required to operate
at a safe speed while within the regulated area. Official patrol
vessels will assist with the safety of the event and ensure spectator
vessels remain outside the regulated area. The designated swim area
will remain closed until the scheduled swim events have concluded and
the regulated area is deemed safe for normal operations.
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 size, location,
duration, and time-of-day of the rule. Vessel traffic will be able to
safely transit around the regulated area which will impact a small,
designated area of the Kailua-Kona Bay for less than 10 hours during
two weekends when vessel traffic is normally low. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the regulated area, and the rule will allow vessels to
seek permission to enter the regulated area, as well as a Local Notice
to Mariners to prepare all waterways users.
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
regulated area may be small entities, for the reasons stated in section
V.A above, this
[[Page 75970]]
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 will 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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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 100
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 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T14-0771 to read as follows:
Sec. 100.T14-0771 Special Local Regulation; Kailua Bay, Ironman World
Championship, Kailua-Kona, Hawaii.
(a) Regulated areas. The regulations in this section apply to the
following area: all navigable waters starting at the shoreline
northeast of Kailua Pier at 19[deg]38.341' N, 155[deg]59.782' W; thence
southeast to 19[deg]37.416' N, 155[deg]59.444' W; thence southwest to
19[deg]37.397' N, 155[deg]59.500' W; thence northwest to 19[deg]38.150'
N, 155[deg]59.760' W, thence north and back to Kailua Pier at
19[deg]38.398' N, 155[deg]59.816' W, and returning along the pier to
the originating point on the shoreline at to 19[deg]38.341' N,
155[deg]59.782' W. These coordinates reference Datum NAD 1983.
(b) Definitions. As used in this section:
Buffer area is a neutral 100-yard area that surrounds the perimeter
of the course area's navigable waters as described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants and spectator vessels or nearby
transiting vessels. This area provides separation between a course area
and spectator viewing areas.
Captain of the Port Honolulu (COTP) means the Commander, U.S. Coast
Guard Sector Honolulu or any Coast Guard commissioned, warrant or petty
officer who has been authorized by the COTP to act on their behalf.
Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated as PATCOM by the Commander, Coast Guard Sector Honolulu.
Course area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of the
event swim area within the overall regulated area defined by this
section. The 2.24-mile (4,224 yards) swim course is a temporary marked
swim course within the regulated area located in Kailua Bay.
Enforcement vessels are designated vessels authorized by the COTP,
the event PATCOM, or COTP's designated representatives to support the
safety and security of the marine event.
Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Honolulu with a commissioned, warrant, or petty
officer on board.
Participant means any persons registered with the event sponsor as
participating in the Ironman Triathlon or practice swim.
[[Page 75971]]
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 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
