Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Rules and Regulations 71755 

be used to grant general permission to 

enter the regulated area. 

Dated: October 12, 2023. 

Taylor Q. Lam, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2023–22977 Filed 10–17–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2023–0702] 

RIN 1625–AA08 

Special Local Regulation; San Diego 

Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for the San Diego Sharkfest Swim 

marine event that will be held on the 

navigable waters of San Diego Bay, San 

Diego, CA. This action is necessary to 

provide for the safety of life on these 

navigable waters of San Diego Bay 

during a swim event on October 21, 

2023. This rule would prohibit 

spectators from anchoring, blocking, 

loitering or transiting through the event 

area unless authorized by the Captain of 

the Port San Diego or a designated 

representative. 

DATES: This rule is effective from 9 a.m. 

to 10 a.m. on October 21, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant Junior Grade 

Shelley Turner, Waterways 

Management, U.S. Coast Guard Sector 

San Diego, CA; telephone (619) 278– 

7656, email MarineEventsSD@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This 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.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because we 

must establish this special local 

regulation by October 21, 2023. The 

Coast Guard was given short notice from 

the event sponsor that the date of the 

event would differ from the existing 

annual marine event as outlined in 33 

CFR 100.1101, Table 1 to § 100.1101, 

Item 7. As such, it is impracticable to 

publish an NPRM because we lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule 

in time for the new event dates. This 

regulation is necessary to ensure the 

safety of life on the navigable waters of 

San Diego Bay during the marine event. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to public 

interest because immediate action is 

needed to ensure the safety of life on the 

navigable waters of San Diego Bay 

during the marine event on October 21, 

2023. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Sector San Diego 

(COTP) has determined that a large 

number of swimmers in San Diego Bay 

associated with the San Diego Sharkfest 

Swim marine event on October 21, 

2023, poses a potential safety concern. 

This rule is needed to protect persons, 

vessels, and the marine environment in 

the navigable waters within San Diego 

Bay while the event is occurring. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from 9 a.m. to 10 a.m. on 

October 21, 2023. This special local 

regulation will cover the navigable 

waters of San Diego Bay encompassed 

by a line connecting the following 

coordinates beginning at 32°42′14′′ N, 

117°09′55′′ W (Point A); thence running 

southerly to 32°41′49′′ N, 117°09′57′′ W 

(Point B); thence running south, along 

the shoreline to 32°41′19′′ N, 117°09′48′′ 

W (Point C); thence running north 

easterly to 32°41′23′′ N, 117°09′41′′ W 

(Point D); thence running northerly to 

32°42′00′′ N, 117°09′38′′ (Point E); 

thence running northerly, along the 

shoreline to the beginning point. The 

duration of the zone is intended to 

ensure the safety of vessels, event 

participants, and these navigable waters 

during the scheduled marine event. No 

vessel or person would be permitted to 

enter the regulated area without 

obtaining permission from the COTP or 

a designated representative. The 

regulatory text appears at the end of this 

document. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the regulated area. 

The affected portion of the San Diego 

Bay will be of a 1 hour limited duration, 

during morning hours when vessel 

traffic is historically low and is 

necessary for safety of life to 

participants in the event. Moreover, the 

Coast Guard would make a post in the 

Local Notice to Mariners with details on 

the regulated area, as well as issue a 

Safety Marine Information Broadcast 

over Channel 22A. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 


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71756 Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Rules and Regulations 

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 

regulated area that would limit access to 

certain areas of San Diego Bay from 9 

a.m. to 10 a.m. 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 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Security Measure, 

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. 

■ 2. Add § 100.T11–133 to read as 

follows: 

§ 100.T11–133 San Diego Sharkfest Swim, 

San Diego Bay, California. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

all navigable waters of San Diego Bay 

encompassed by a line connecting the 

following points beginning at 32°42′14′′ 

N, 117°09′55′′ W (Point A); thence 

running southerly to 32°41′49′′ N, 

117°09′57′′ W (Point B); thence running 

south, along the shoreline to 32°41′19′′ 

N, 117°09′48′′ W (Point C); thence 

running north easterly to 32°41′23′′ N, 

117°09′41′′ W (Point D); thence running 

northerly to 32°42′00′′ N, 117°09′38′′ 

(Point E); thence running northerly, 

along the shoreline to the beginning 

point. These coordinates are based on 

the 1984 World Geodetic System (WGS 

84). 

(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 San Diego 

(COTP) in the enforcement of the 

regulations in this section. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participants in the race. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port San Diego or their designated 

representative. 

(2) Vessels requiring entry into this 

regulated area must request permission 

from the COTP or a designated 

representative. They may be contacted 

on VHF–FM Channel 21A or by 

telephone at 619–278–7033. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via Local Notice to Mariners and 

Safety Marine Information Broadcasts 

on Channel 22A. 

(d) Enforcement period. This section 

will be enforced from 9 a.m. to 10 a.m. 

on October 21, 2023. 

Dated: October 10, 2023. 

J.W. Spitler, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2023–22910 Filed 10–17–23; 8:45 am] 

BILLING CODE 9110–04–P 


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