88646 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Rules and Regulations 

Signed at Washington, DC, this 4th day of 

November, 2024. 

Lisa M. Gomez, 

Assistant Secretary, Employee Benefits 

Security Administration, Department of 

Labor. 

Douglas W. O’Donnell, 

Deputy Commissioner, Internal Revenue 

Service, Department of the Treasury. 

[FR Doc. 2024–26014 Filed 11–7–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2024–0877] 

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 temporary special local 

regulation (SLR) for the San Diego Fleet 

Week Veterans Day Boat Parade that 

will be held on the waters of San Diego 

Bay, California. This action is necessary 

to provide for the safety of the 

participants, crew, spectators, sponsor 

vessels, and general users of the 

waterway during the event on 

November 11, 2024. This special local 

regulation temporarily encompasses all 

navigable waters, from surface to 

bottom, on a pre-determined course in 

the northern portion of the San Diego 

Bay Federal Channel. 

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

to 11:30 a.m. on November 11, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https:// 

www.regulations.gov, type USCG–2024– 

0877 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 on 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)(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. The Coast Guard did not 

receive sufficient notice of the parade in 

time to publish an NPRM. 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. 

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 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 November 

11, 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 (COTP) Sector San 

Diego has determined that potential 

hazards associated with the parade will 

be a safety concern for anyone within 

the vicinity of the parade route. This 

rule is needed to protect personnel, 

vessels, spectators, and the marine 

environment in the navigable waters of 

the San Diego Bay in the vicinity of the 

marine event during the enforcement 

period of this rule. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from 9 a.m. until 11:30 a.m. 

on November 11, 2024. The SLR will 

cover all navigable waters on a predetermined course in the northern 

portion of the San Diego Main Ship 

Channel from Shelter Island Basin, past 

the Embarcadero, crossing the federal 

navigable channel and ending off 

Coronado Island. The duration of the 

SLR is intended to protect personnel, 

vessels, spectators, and the marine 

environment in these navigable waters 

before, during, and after the event is 

scheduled to occur. 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, or his 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 size, location, duration, and 

time-of-day of the special local 

regulation. This action will affect only 

the northern portion of the San Diego 

Bay Federal Channel for two and a half 

hours. Vessels will still be able to transit 

the area outside of the regulated area 

and request permission to enter, as 

needed. The Coast Guard will publish a 

Local Notice to Mariners and will issue 

a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 that details 

the vessel restrictions of the regulated 

area. 

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 special 

local regulation may be small entities, 

for the reasons stated in section V.A 

above, this rule will not have a 


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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Rules and Regulations 88647 

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 

special local regulation lasting less than 

three hours that will prohibit entry into 

a regulated area to non-participants of a 

marine parade. 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. 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 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.T1199–0877 to read as 

follows: 

§ 100.T1199–0877 San Diego Fleet Week 

Veterans Day Boat Parade, San Diego Bay, 

California. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

(1) Parade Area: All navigable waters, 

from surface to bottom, on a predetermined course in the northern 

portion of the San Diego Main Ship 

Channel from Shelter Island Basin, past 

the Embarcadero, crossing the federal 

navigable channel and ending off 

Coronado Island. 

(2) [Reserved] 

(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 Sector San Diego 

(COTP) in the enforcement of the 

regulations in this section. 

Participant means all persons and 

vessels registered with the event 

sponsor as participants in the parade. 

(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 Sector San Diego or their 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by calling the Sector San 

Diego JHOC at 619–278–7033. Those in 

the regulated area, including 

participants, must comply with all 

lawful orders or directions given to 

them by the COTP or the designated 

representative. 

(3) The COTP will provide notice of 

the regulated areas through advanced 

notice via Broadcast Notice to Mariners 

and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 9 a.m. through 

11:30 a.m. on Monday, November 11, 

2024. 

Dated: November 5, 2024. 

P.C. Dill, 

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

Port Sector San Diego. 

[FR Doc. 2024–26130 Filed 11–7–24; 8:45 am] 

BILLING CODE 9110–04–P 


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