[Federal Register Volume 90, Number 109 (Monday, June 9, 2025)]
[Rules and Regulations]
[Pages 24224-24226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10385]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0899]
RIN 1625-AA08
Special Local Regulation; San Diego and Mission Bay, San Diego,
CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending its special local regulations for
recurring marine events in the San Diego Captain of the Port Zone. This
final rule will amend the regulations to accurately reflect the dates
of existing recurring marine events in the Sector San Diego area of
responsibility (AOR).
DATES: This rule is effective July 9, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0899 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
proposed rulemaking, call or email Lieutenant Shelley Turner, Waterways
Management, U.S. Coast Guard; 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 Captain of the Port Sector San Diego (COTP) determined that the
table of recurring special local regulations for marine events, found
in Table 1 to 33 CFR 100.1101, did not accurately reflect the effective
period of enforcement for three special local regulations listed in the
table. This rule will ensure that the table reflects the most current
information regarding recurring marine events in the Sector San Diego
AOR.
In response, on April 4, 2025, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Special Local Regulation; San
Diego and Mission Bay, San Diego, CA (90 FR
[[Page 24225]]
14739). There we stated why we issued the NPRM and invited comments on
our proposed regulatory action related to this fireworks display.
During the comment period that ended May 5, 2025, we received no
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70041. The COTP has determined that the recurring marine events
found in Table 1 to 33 CFR 100.1101 present a safety concern on
navigable waters. The purpose of this rule is to ensure safety of life
on the navigable waters in the safety zone before, during, and after
the scheduled events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
4, 2025. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule will make the following changes in Table 1 to 33 CFR
100.1101:
1. Changing the date of Item 3 (San Diego Crew Classic) to ``a
weekend in March or April.''
2. Changing the date of Item 7 (San Diego Sharkfest Swim) to ``a
weekend in September or October.''
3. Changing the date of Item 17 (San Diego Fleet Week Veterans Day
Boat Parade) to ``one day in November on or around Veterans Day.''
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.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on the size,
location, duration and time of day of the regulated area. These areas
are limited in size and duration and typically have minimal impact to
vessel traffic on the navigable waterway. In addition, the Coast Guard
provides advance notice of the regulated areas via Local Notice to
Mariners and Broadcast Notice to Mariners. The rule would allow vessels
to seek permission to enter the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. 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 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
revising existing regulations for recurring marine events in the Sector
San Diego AOR. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Memorandum for the Record supporting this
determination is available in the docket. For instructions
[[Page 24226]]
on locating the docket, see the ADDRESSES section of this preamble.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 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. In Sec. 100.1101, amend Table 1 to Sec. 100.1101, by revising
items 3, 7, and 17, to read as follows:
Sec. 100.1101 Southern California Annual Marine Events for the San
Diego Captain of the Port Zone.
* * * * *
Table 1 to Sec. 100.1101
[All coordinates referenced use datum NAD 83]
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
3. San Diego Crew Classic
------------------------------------------------------------------------
Sponsor................................ San Diego Crew Classic.
Event Description...................... Competitive rowing race.
Date................................... A weekend in March or April.
Location............................... Mission Bay, San Diego, CA.
Regulated Area......................... The waters of Mission Bay to
include South Pacific Passage,
Fiesta Bay, and the waters
around Vacation Isle.
* * * * * * *
------------------------------------------------------------------------
7. San Diego Sharkfest Swim
------------------------------------------------------------------------
Sponsor................................ Enviro-Sports Productions Inc.
Event Description...................... Swim race.
Date................................... A weekend in September or
October.
Location............................... San Diego Bay, CA.
Regulated Area......................... The waters of San Diego Bay,
CA, from Seaport Village to
Coronado Ferry Landing.
* * * * * * *
------------------------------------------------------------------------
17. San Diego Fleet Week Veterans Day Boat Parade
------------------------------------------------------------------------
Sponsor................................ San Diego Fleet Week
Foundation.
Event Description...................... SS Boat parade.
Date................................... One day in November on or
around Veterans Day.
Location............................... San Diego Bay, CA.
Regulated Area......................... All waters of San Diego Bay,
from surface to bottom,
beginning at Shelter Island,
proceeding northeast to Harbor
Island, proceeding southeast
along the shoreline to Tenth
Avenue Marine Terminal,
crossing the Federal navigable
channel prior to the Coronado
Bridge, then northwest along
the shoreline of Coronado
Island to the Coronado Ferry
Landing.
------------------------------------------------------------------------
P.C. Dill,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2025-10385 Filed 6-6-25; 8:45 am]
BILLING CODE 9110-04-P