75968 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: 

§ 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 

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. 

PART 599—ILLICIT DRUG TRADE 

SANCTIONS REGULATIONS 

■ 71. The authority citation for part 599 

is revised to read as follows: 

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. 

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 

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] 

BILLING CODE 4810–AL–P 

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, KailuaKona, Hawaii 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

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 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 


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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 Vivian.S.Gonzalez@uscg.mil. 

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. 

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°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 

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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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 

■ 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.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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Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 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 

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 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: 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.’’ 

FOR FURTHER INFORMATION CONTACT: 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: 

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 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); 


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