Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations 77509 

of a notification event if such event is 

known to any person, other than the 

person committing the breach, who is 

your employee, officer, or other agent. 

■ 4. Revise § 314.5 to read as follows: 

§ 314.5 Effective date. 

Section 314.4(j) is effective as of May 

13, 2024. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2023–24412 Filed 11–9–23; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0882] 

Special Local Regulations; San Diego 

Parade of Lights, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the San Diego Parade of Lights special 

local regulations on the waters of San 

Diego Bay, California on December 10, 

2023 and December 17, 2023. These 

special local regulations are necessary to 

provide for the safety of the 

participants, crew, spectators, sponsor 

vessels, and general users of the 

waterway. During the enforcement 

period, persons and vessels are 

prohibited from anchoring, blocking, 

loitering, or impeding within this 

regulated area unless authorized by the 

Captain of the Port Sector San Diego or 

a designated representative. 

DATES: The regulations in 33 CFR 

100.1101 will be enforced from 5 p.m. 

through 8 p.m. on December 10, 2023, 

and from 5 p.m. through 8 p.m. on 

December 17, 2023, for Item 5 in Table 

1 of Section 100.1101. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

publication of enforcement, 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: The Coast 

Guard will enforce the special local 

regulations in 33 CFR 100.1101 for the 

San Diego Parade of Lights in San Diego 

Bay, CA in 33 CFR 100.1101, Table 1, 

Item 5 of that section from 5 p.m. until 

8 p.m. on December 10, 2023, and on 

December 17, 2023. This enforcement 

action is being taken to provide for the 

safety of life on navigable waterways 

during the event. The Coast Guard’s 

regulation for recurring marine events in 

the San Diego Captain of the Port Zone 

identifies the regulated entities and area 

for this event. During the enforcement 

periods and under the provisions of 33 

CFR 100.1101, persons and vessels are 

prohibited from anchoring, blocking, 

loitering, or impeding within this 

regulated area, unless authorized by the 

Captain of the Port, or his designated 

representative. The Coast Guard may be 

assisted by other Federal, State, or local 

law enforcement agencies in enforcing 

this regulation. 

In addition to this document in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

advance notification of this enforcement 

period via the Local Notice to Mariners, 

marine information broadcasts, and 

local advertising by the event sponsor. 

J.W. Spitler, 

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

Port Sector San Diego. 

[FR Doc. 2023–25028 Filed 11–9–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0871] 

Special Local Regulation; Marine 

Events Within the Eleventh Coast 

Guard District—Mission Bay Parade of 

Lights 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the special local regulation on the 

waters of Mission Bay, CA, during the 

Mission Bay Parade of Lights on 

December 10, 2022. This special local 

regulation is necessary to provide for 

the safety of the participants, crew, 

sponsor vessels of the event, and general 

users of the waterway. During the 

enforcement period, persons and vessels 

are prohibited from entering into, 

transiting through, or anchoring within 

this regulated area unless authorized by 

the Captain of the Port Sector San Diego 

or their designated representative. 

DATES: The regulations in 33 CFR 

100.1101 for the location described in 

Item 6 in Table 1 to § 100.1101, will be 

enforced from 5:30 p.m. through 8 p.m. 

on December 10, 2023, and December 

17, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, 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: The Coast 

Guard will enforce the special local 

regulations in 33 CFR 100.1101 for the 

location identified in Item No. 6 in 

Table 1 to § 100.1101, from 5:30 p.m. 

until 8 p.m. on December 10, 2023, and 

December 17, 2023, for the Mission Bay 

Parade of Lights in Mission Bay, CA. 

This action is being taken to provide for 

the safety of life on the navigable 

waterways during the event. Our 

regulation for recurring marine events in 

the San Diego Captain of the Port Zone, 

§ 100.1101, Item No. 6 in table 1 to 

§ 100.1101, specifies the location of the 

regulated area for the Mission Bay 

Parade of Lights, which encompasses 

portions of Mission Bay. Under the 

provisions of § 100.1101, persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this regulated area unless 

authorized by the Captain of the Port, or 

his designated representative. The Coast 

Guard may be assisted by other Federal, 

State, or local law enforcement agencies 

in enforcing this regulation. 

In addition to this document in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

advance notification of this enforcement 

period via the Local Notice to Mariners 

and marine information broadcasts. 

J.W. Spitler, 

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

Port Sector San Diego. 

[FR Doc. 2023–25027 Filed 11–9–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0870] 

RIN 1625–AA00 

Safety Zone; APEC 2023 Fireworks; 

San Francisco Bay, San Francisco, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 


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77510 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable water of the San Francisco 

Bay in San Francisco, CA in support of 

a fireworks display on November 15, 

2023. The safety zone is necessary to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by pyrotechnics. 

Unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety zone 

without the permission of the Captain of 

the Port San Francisco or a designated 

representative. 

DATES: This rule is effective from 8 a.m. 

until 7:30 p.m. on November 15, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0870 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 LT William K. Harris, U.S. 

Coast Guard Sector San Francisco, 

Waterways Management Division, 

phone 415–399–7443, email 

SFWaterways@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 it is 

impracticable. The Coast Guard did not 

receive final details for this event until 

October 31, 2023. It is impracticable to 

go through the full notice and comment 

rulemaking process because the Coast 

Guard must establish this safety zone by 

November 15, 2023, and lacks sufficient 

time to provide a reasonable comment 

period and to consider those comments 

before issuing the rule. 

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 the public 

interest because action is necessary to 

protect personnel, vessels, and the 

marine environment from the potential 

safety hazards associated with the 

scheduled fireworks display in San 

Francisco, CA on November 15, 2023. 

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 San Francisco 

(COTP) has determined that potential 

hazards associated with scheduled 

fireworks display on November 15, 

2023, will be a safety concern for 

anyone within a 100-foot radius of the 

fireworks vessel during loading and 

staging. For this reason, this temporary 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment on the navigable waters 

around the fireworks vessel. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 8 a.m. until 7:30 p.m. 

on November 15, 2023, during the 

loading, staging, and transit of the 

fireworks vessel from Westar Marine 

Service Pier 50, San Francisco, CA. 

During the loading, staging, and transit 

of the fireworks vessel scheduled to take 

place between 8 a.m. and 7:30 p.m. on 

November 15, 2023, the safety zone will 

encompass the navigable waters around 

and under the fireworks vessel, from 

surface to bottom, within a circle 

formed by connecting all points 100 feet 

out from the fireworks vessel. The safety 

zone will terminate at 7:30 p.m. on 

November 15, 2023, or as announced via 

Marine Information Broadcast. 

This regulation is necessary to keep 

persons and vessels away from the 

immediate vicinity of the fireworks 

vessel during loading, staging, and 

transit. Except for persons or vessels 

authorized by the COTP or the COTP’s 

designated representative, no person or 

vessel may enter or remain in a 

restricted area. A ‘‘designated 

representative’’ means a Coast Guard 

Patrol Commander, including a Coast 

Guard coxswain, petty officer, or other 

officer operating a Coast Guard vessel, 

or a Federal, State, or local officer 

designated by or assisting the COTP in 

the enforcement of the safety zone. This 

regulation is necessary to ensure the 

safety of transiting vessels. 

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 limited duration and 

narrowly tailored geographic area of the 

safety zone. Although this rule restricts 

access to the waters encompassed by the 

safety zone, the effect of this rule will 

not be significant because the local 

waterways users will be notified to 

ensure the safety zone will result in 

minimum impact. Vessels desiring to 

transit through or around the temporary 

safety zone may do so upon receiving 

express permission from the COTP or 

the COTP’s designated representative. 

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, 


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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations 77511 

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 

temporary safety zone in the navigable 

waters of the San Francisco Bay around 

the loading, staging, and transit of 

fireworks at Westar Marine Services Pier 

50. 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. 

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 

■ 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. 

■ 2. Add § 165.T11–147 to read as 

follows: 

§ 165.T11–147 Safety Zone; APEC 2023 

Fireworks; San Francisco Bay, San 

Francisco, CA. 

(a) Locations. The following area is a 

safety zone: all navigable waters of the 

San Francisco Bay, from surface to 

bottom, within a circle formed by 

connecting all points 100 feet out from 

the fireworks vessel during loading and 

staging at Westar Marine Services Pier 

50 in San Francisco, CA, as well as 

during transit and arrival to the display 

location on November 15, 2023. 

(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, or a 

Federal, State, or local officer 

designated by or assisting the Captain of 

the Port (COTP) San Francisco in the 

enforcement of the safety zone. 

(c) Regulations. (1) 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) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

Persons and vessels may request 

permission to enter the safety zone on 

VHF–21A or through the 24-hour 

Command Center at telephone (415) 

399–3547. 

(d) Enforcement period. This section 

will be enforced from 8 a.m. until 7:30 

p.m. on November 15, 2023. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with 33 CFR 

165.7. 

Dated: November 4, 2023. 

Taylor Q. Lam, 

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

Port Sector San Francisco. 

[FR Doc. 2023–24856 Filed 11–9–23; 8:45 am] 

BILLING CODE 9110–04–P 


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