80396 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Rules and Regulations 

applicant in writing of the decision on 

appeal. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2024–22795 Filed 10–2–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2024–0813] 

Regulated Area; San Francisco Bay 

Navy Fleet Week Parade of Ships and 

Blue Angels Demonstration, San 

Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the regulated areas in the navigable 

waters of the San Francisco Bay for the 

San Francisco Bay Navy Fleet Week 

Parade of Ships and Blue Angels survey 

flight and demonstration days from 

October 10 through October 13, 2024. 

This action is necessary to ensure the 

safety of event participants and 

spectators. During the enforcement 

period, unauthorized persons or vessels 

are prohibited from entering into, 

transiting through, or anchoring in the 

regulated area unless authorized by the 

Patrol Commander (PATCOM). This 

notification of enforcement (NOE) 

announces the dates and times for 

enforcement. 

DATES: The regulations in 33 CFR 

100.1105 will be enforced from noon 

until 5 p.m. on October 10, 2024; from 

10 a.m. until 5 p.m. on October 11, 

2024; and from noon until 5 p.m. on 

October 12, 2024, and October 13, 2024, 

for the regulated areas as identified in 

the SUPPLEMENTARY INFORMATION section 

below for the dates and times specified. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant William Harris, Coast 

Guard Sector San Francisco, Waterways 

Management Division; telephone (415) 

399–7443, email SFWaterways@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the regulated areas 

for the annual San Francisco Bay Navy 

Fleet Week Parade of Ships and Blue 

Angels survey flight and demonstration 

days in 33 CFR 100.1105. This NOE 

announces the dates and times that the 

regulated areas will be enforced daily on 

October 10, 2024, through October 13, 

2024, as described in the following 

paragraphs. 

The regulated area ‘‘Alpha’’ in 

§ 100.1105(b)(1) for the Navy Parade of 

Ships will be enforced from 10 a.m. 

until noon on October 11, 2024. The 

regulated area ‘‘Bravo’’ in 

§ 100.1105(b)(2) for the U.S. Navy Blue 

Angels Activities will be enforced from 

noon until 5 p.m. daily from October 10, 

2024, through October 13, 2024. 

Regulated area ‘‘Alpha’’ will be 

enforced during the Navy Parade of 

Ships and is bounded by a line 

connecting the following points and 

thence along shore to the point of 

beginning: 

Latitude Longitude 

37°48′40′′ N 122°28′38′′ W 

37°49′10′′ N 122°28′41′′ W 

37°49′31′′ N 122°25′18′′ W 

37°49′06′′ N 122°24′08′′ W 

37°47′53′′ N 122°22′42′′ W 

37°46′00′′ N 122°22′00′′ W 

37°46′00′′ N 122°23′07′′ W 

Under the provisions of 33 CFR 

100.1105, except for persons or vessels 

authorized by the PATCOM, in 

regulated area ‘‘Alpha’’ no person or 

vessels may enter the parade route or 

remain within 500 yards of any Navy 

parade vessel. No person or vessels shall 

anchor, block, loiter in, or impede the 

through transit of ship parade 

participants or official patrol vessels in 

regulated area ‘‘Alpha.’’ 

Regulated area ‘‘Bravo’’ will be 

enforced during the U.S. Navy Blue 

Angels Demonstration and is bounded 

by a line connecting the following 

points: 

Latitude Longitude 

37°48′27.5′′ N 122°24′04′′ W 

37°49′31′′ N 122°24′18′′ W 

37°49′00′′ N 122°27′52′′ W 

37°48′19′′ N 122°27′40′′ W 

Except for persons or vessels 

authorized by the PATCOM, no person 

or vessel may enter or remain within 

regulated area ‘‘Bravo.’’ 

When hailed or signaled by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, a person 

or vessel shall come to an immediate 

stop. Persons or vessels shall comply 

with all directions given; failure to do 

so may result in expulsion from the 

area, citation for failure to comply, or 

both. The Coast Guard may be assisted 

by other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. The PATCOM shall be 

designated by the Captain of the Port 

(COTP) San Francisco. The PATCOM is 

empowered to forbid and control the 

movement of all vessels in the regulated 

areas. 

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. 

Dated: September 26, 2024. 

Jordan M. Baldueza, 

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

Port San Francisco. 

[FR Doc. 2024–22804 Filed 10–2–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0646] 

RIN 1625–AA00 

Safety Zone; Pacific Ocean, 

Huntington Beach, California 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

establishing a safety zone offshore of 

Huntington Beach, CA in support of the 

Pacific Airshow. This action is 

necessary to provide for the safety of life 

on these navigable waters in the area of 

air and water demonstrations and to 

protect the high concentration of people 

attending the event. This regulation 

prohibits vessels from entering into, 

transiting through, or remaining within 

the designated area unless specifically 

authorized by the Captain of the Port, 

Los Angeles-Long Beach (COTP), or a 

designated representative. 

DATES: This rule is effective without 

actual notice from October 3, 2024 

through 5 p.m. on October 6, 2024. For 

the purposes of enforcement actual 

notice will be used from 9:30 a.m. on 

October 1, 2024, through October 3, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0646 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 LCDR Kevin Kinsella, U.S. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Rules and Regulations 80397 

Coast Guard Sector Los Angeles-Long 

Beach; telephone (310) 467–2099, email 

D11-SMB-SectorLALB-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Los Angeles-Long 

Beach 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ 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)(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 due to the lack of 

sufficient time to provide a reasonable 

comment period and consider those 

comments before issuing the rule and 

establishing the safety zone by October 

1, 2024. The Coast Guard did not 

receive final details regarding this event 

with sufficient notice to issue a 

proposed rule. 

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 would be contrary to the public 

interest because immediate action is 

needed to address potentially hazardous 

conditions associated with high-speed 

maneuvers from aircraft and waterborne 

vessels for a search and rescue 

demonstration. 

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 Los Angels Long 

Beach (COTP) has determined that 

potential hazards associated with 

navigational safety may arise due to 

multiple low-flying aircraft flight paths 

and stunt performances over the waters 

off Huntington Beach. This air show 

will consist of numerous military and 

civilian aircraft performing aerobatic 

maneuvers at high speed within the 

lateral limits of an aerobatic box that 

would extend from the surface of the 

water to 15,000 feet above mean sea 

level (MSL). The event at Huntington 

Beach generates over 800 spectator 

vessels in attendance each year. This 

safety zone is to ensure the safety of and 

reduce the risk to the public and 

mariners in the vicinity of the aerobatic 

performance. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

daily from 9:30 a.m. to 5 p.m. on 

October 01, 2024, through on October 

06, 2024. Based on the safety risks 

described above, the Coast Guard is 

proposing to establish a safety zone in 

the vicinity of Huntington Beach for the 

Pacific Air Show. The safety zone 

would encompass all navigable waters 

from the surface to the sea floor in an 

area bound by the following 

coordinates: 33°38.367′ N 117°58.817′ 

W, 33°38.005′ N 117°59.187′ W, 

33°39.182′ N 118°1.089′ W, 33°39.583′ N 

118°0.667′ W. 

All coordinates displayed are 

referenced by North American Datum of 

1983. The duration of the zone is 

intended to ensure the safety of vessels 

and these navigable waters before, 

during, and after the scheduled airshow. 

No vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

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, and 

duration of the safety zone. The size of 

the zone is the minimum necessary to 

provide adequate protection for the 

waterway’s users, adjoining areas, and 

the public. The zone will be enforced 

during the scheduled times of 9:30 a.m. 

to 5:00 p.m. on six days. Commercial 

vessel traffic will not be affected by the 

establishment of the safety zone due to 

its overall proximity to the shore. 

Recreational water users will be able to 

transit around the safety zone. 

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, 

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, 


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80398 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Rules and Regulations 

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 safety 

zone encompassing an area in vicinity 

of Huntington Beach and the 

Huntington Beach Pier. It is 

categorically excluded from further 

review under paragraph L60(a), in table 

3–1 of U.S. Coast Guard Environmental 

Planning Implementing Procedures. 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. 01. 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.T11–179 to read as 

follows: 

§ 165.T11–179 Safety Zone; Pacific Ocean, 

Huntington Beach, California. 

(a) Location. The following area is a 

safety zone: All navigable waters from 

the surface to the sea floor consisting of 

a line connecting the following 

coordinates: 33°38.367′ N 117°58.817′ 

W, 33°38.005′ N 117°59.187′ W, 

33°39.182′ N 118°1.089′ W, 33°39.583′ N 

118°0.667′ W. These coordinates are 

based on North American Datum of 

1983. 

(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 Los Angeles-Long Beach 

(COTP) 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) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by hailing Coast Guard 

Sector Los Angeles-Long Beach on 

VHF–FM Channel 16 or calling at (310) 

521–3801. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement period. The 

temporary safety zone will be enforced 

from 9:30 a.m. to 5 p.m. each day from 

October 01, 2024, to October 6, 2024. 

The marine public will be notified of 

this safety zone via Broadcast Notice to 

Mariners. If the COTP determines that 

the zone need not be enforced during 

this entire period, the Coast Guard will 

announce via Broadcast Notice to 

Mariners when the zone will no longer 

be subject to enforcement. 

Dated: September 27, 2024. 

S.L. Crecy, 

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

Port Los Angeles-Long Beach. 

[FR Doc. 2024–22729 Filed 10–2–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0910] 

RIN 1625–AA00 

Safety Zone; Smith Canal, Stockton, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters of Smith Canal 

extending from Louis Park to American 

Legion Park in Stockton, CA. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from the potential hazards associated 

with marine pollution removal 

operations. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Sector San Francisco. 

DATES: This rule is effective without 

actual notice from October 3, 2024 

through October 5, 2024. For the 

purposes of enforcement, actual notice 

will be used from September 29, 2024, 

until October 3, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0910 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 William Harris, U.S. 


ddrumheller on DSK120RN23PROD with RULES1