71754 Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Rules and Regulations 

(7) Exempt under 5 U.S.C. 552a(k)(7). 

Records contained within the following 

systems of records are exempt under 

this section to the extent that they 

consist of evaluation material used to 

determine potential for promotion in the 

armed services, but only to the extent 

that such disclosure would reveal the 

identity of a confidential informant. 

TABLE 8 TO PARAGRAPH (b)(7) 

Title No. 

Human Resources Records .......................................................................................................................................................... STATE–31. 

Information Access Programs Records ......................................................................................................................................... STATE–35. 

Overseas Citizens Services Records ............................................................................................................................................ STATE–25. 

Personality Cross-Reference Index to the Secretariat Automated Data Index ............................................................................ STATE–28. 

Personality Index to the Central Foreign Policy Records ............................................................................................................. STATE–29. 

Security Records ........................................................................................................................................................................... STATE–36. 

Subpart D—Access to Financial 

Disclosure Reports 

§ 171.30 Purpose and scope. 

This subpart sets forth the process by 

which persons may request access to 

public financial disclosure reports filed 

with the Department in accordance with 

sections 101 and 103(l) of the Ethics in 

Government Act of 1978, as amended, 

recodified at 5 U.S.C. 13103 and 13105. 

The retention, public availability, and 

improper use of these reports are 

governed by 5 U.S.C. 13107 and 5 CFR 

2634.603. It also sets forth the 

prohibition on access to confidential 

financial disclosure reports filed under 

5 CFR 2634, Subpart I, in accordance 

with sections 107(a) of the Ethics in 

Government Act of 1978, 5 U.S.C. 13109 

and 5 CFR 2634.604. 

§ 171.31 Requests for Public Financial 

Disclosure Reports—OGE Form 278. 

Requests for access to public financial 

disclosure reports filed with the 

Department should be made by 

submitting the information required by 

5 CFR 2634.603(c) or a completed Office 

of Government Ethics request form, OGE 

Form 201, to OGE201Request@state.gov 

or to the Office of the Assistant Legal 

Adviser for Ethics and Financial 

Disclosure, U.S. Department of State, 

2201 C Street NW, Washington, DC 

20520. The OGE Form 201 may be 

obtained by visiting www.oge.gov or 

writing to the address in this section. 

§ 171.32 Denial of Public Access to 

Confidential Financial Disclosure Reports— 

OGE Form 450. 

No member of the public shall have 

access to confidential financial 

disclosure reports filed pursuant to 5 

CFR 2634, Subpart I, except pursuant to 

the order of a Federal court or as 

otherwise provided under the Privacy 

Act. See 5 U.S.C. 552a. 

Kevin E. Bryant, 

Deputy Director, Office of Directives 

Management, Department of State. 

[FR Doc. 2023–22380 Filed 10–17–23; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0791] 

Special Local Regulations; Northern 

California and Lake Tahoe Area Annual 

Marine Events; Sacramento Ironman 

Swim, Sacramento, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the special local regulations for the 

annual Sacramento Ironman Swim on 

October 22, 2023, to provide for the 

safety of life on navigable waterways in 

the American River and Sacramento 

River during this event. The regulation 

for marine events in Northern California 

identifies the regulated area for this 

event in Sacramento, CA. During the 

enforcement period, unauthorized 

persons or vessels are prohibited from 

entering into, transiting through, or 

loitering or anchoring in the regulated 

area, unless authorized by the 

designated Patrol Commander 

(PATCOM) or other Federal, State, or 

local law enforcement agencies on scene 

to assist the Coast Guard in enforcing 

the regulated area. 

DATES: The regulations in 33 CFR 

100.1103 will be enforced for the 

location in table 1 to § 100.1103, Item 

number 5, from 4:30 a.m. to 10:30 a.m. 

on October 22, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call, or 

email MST1 Shannon Curtaz-Milian, 

Sector San Francisco Waterways 

Management, U.S. Coast Guard; 

telephone (415) 399–7440, email 

SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulations in 33 CFR 100.1103, table 1 

to § 100.1103, Item number 5, for the 

Sacramento Ironman Swim regulated 

area from 4:30 a.m. to 10:30 a.m. on 

October 22, 2023. This action is being 

taken to provide for the safety of life on 

navigable waterways during this event. 

The regulation for marine events within 

Northern California, § 100.1103, 

specifies the location of the regulated 

area for the Sacramento Ironman Swim 

which encompasses portions of the 

American River and Sacramento River. 

During the enforcement period, the 

regulated area will be in effect in the 

navigable waters, from surface to 

bottom, defined by a line drawn from 

Township 9 Park to North of the Tower 

Bridge. 

During the enforcement period, under 

the provisions of 33 CFR 100.1103(b), if 

you are the operator of a vessel in the 

regulated area you must comply with 

directions from the Patrol Commander 

(PATCOM) or any other Official Patrol, 

defined as a Federal, State, or local law 

enforcement agency on scene to assist 

the Coast Guard in enforcing the 

regulated area. The PATCOM or Official 

Patrol may, upon request, allow the 

transit of commercial vessels through 

regulated areas when it is safe to do so. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners. If the 

Captain of the Port determines that the 

regulated area need not be enforced for 

the full duration stated in this 

notification, a Broadcast Notice to 

Mariners or other marine broadcast may 


ddrumheller on DSK120RN23PROD with RULES1
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 


ddrumheller on DSK120RN23PROD with RULES1