80_FR_53163 80 FR 52993 - Special Local Regulation; Southern California Annual Marine Events for the San Diego Captain of the Port Zone; San Diego Bay, San Diego, CA

80 FR 52993 - Special Local Regulation; Southern California Annual Marine Events for the San Diego Captain of the Port Zone; San Diego Bay, San Diego, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 170 (September 2, 2015)

Page Range52993-52996
FR Document2015-21791

The Coast Guard is temporarily changing the enforcement date of the special local regulation on the navigable waters of San Diego Bay, San Diego, California in support of the annual TriRock San Diego Triathlon. This temporary interim rule adjusts the date for the established special local regulations listed in 33 CFR 100.1101 (table 1, item 11). This temporary interim rule provides public notice and is necessary to ensure the safety of participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Unauthorized persons and vessels are prohibited from entering into, transiting through, or anchoring within the regulated area unless authorized by the Captain of the Port (COTP), or his designated representative. The Coast Guard requests public comments on the temporary interim rule.

Federal Register, Volume 80 Issue 170 (Wednesday, September 2, 2015)
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 52993-52996]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21791]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2015-0738]
RIN 1625-AA08


Special Local Regulation; Southern California Annual Marine 
Events for the San Diego Captain of the Port Zone; San Diego Bay, San 
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is temporarily changing the enforcement date 
of the special local regulation on the navigable waters of San Diego 
Bay, San Diego, California in support of the annual TriRock San Diego 
Triathlon. This temporary interim rule adjusts the date for the 
established special local regulations listed in 33 CFR 100.1101 (table 
1, item 11). This temporary interim rule provides public notice and is 
necessary to ensure the safety of participants, crew, spectators, 
participating vessels, and other vessels and users of the waterway. 
Unauthorized persons and vessels are prohibited from entering into, 
transiting through, or anchoring within the regulated area unless 
authorized by the Captain of the Port (COTP), or his designated 
representative. The Coast Guard requests public comments on the 
temporary interim rule.

DATES: This rule is effective from 6:30 a.m. through 10:30 a.m. on 
September 20, 2015. Public comments must be received by September 19, 
2015.

ADDRESSES: Submit comments using one of the listed methods, and see 
SUPPLEMENTARY INFORMATION for more information on public comments.
     Online--http://www.regulations.gov following Web site 
instructions.
     Fax--202-493-2251.
     Mail or hand deliver--Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand 
delivery hours: 9 a.m. to 5 p.m., Monday through Friday, except Federal 
holidays (telephone 202-366-9329).
    Documents mentioned in this preamble are part of docket [USCG-2015-
0738]. To view documents mentioned in this preamble as being available 
in the docket, go to http://www.regulations.gov, type the docket number 
in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder 
on the line associated with this rulemaking. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Randolph Pahilanga, Waterways Management, 
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, 
email [email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

[[Page 52994]]

BNM Broadcast Notice to Mariners
LNM Local Notice to Mariners
COTP Captain of the Port

A. Public Participation and Comments

    We encourage you to submit comments (or related material) on this 
temporary interim rule. We will consider all submissions and may adjust 
our final action based on your comments. Comments should be marked with 
docket number USCG-2015-0738 and should provide a reason for each 
suggestion or recommendation. You should provide personal contact 
information so that we can contact you if we have questions regarding 
your comments; but please note that all comments will be posted to the 
online docket without change and that any personal information you 
include can be searchable online (see the Federal Register Privacy Act 
notice regarding our public dockets, 73 FR 3316, Jan. 17, 2008).
    Mailed or hand-delivered comments should be in an unbound 8\1/2\ x 
11 inch format suitable for reproduction. The Docket Management 
Facility will acknowledge receipt of mailed comments if you enclose a 
stamped, self-addressed postcard or envelope with your submission.
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following the Web site's instructions. You can also view the docket at 
the Docket Management Facility (see the mailing address under 
ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

B. Regulatory History and Information

    The TriRock San Diego Triathlon is an annual reoccurring event 
listed in 33 CFR 100.1101 (table 1, item 11) for Southern California 
annual marine events for the San Diego Captain of the Port Zone. 
Special local regulations exist for the marine event to allow for 
special use of the San Diego Bay waterway for one day. For 2015, the 
event is occurring on Sunday, September 20, 2015. This temporary 
interim rule is therefore necessary to ensure that the same measures 
normally provided are in place for that day.
    The Coast Guard is issuing this temporary interim 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.''
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM because the Coast Guard did not 
have sufficient information about the event early enough to publish the 
NPRM and receive comments. The publishing of an NPRM would be 
impracticable since immediate action is needed to minimize potential 
danger to the participants and the public during the event. The danger 
posed by the large volume of weekend marine traffic in San Diego Bay 
makes special local regulations necessary to provide for the safety of 
participants, event support vessels, spectator craft and other vessels 
transiting the event area. For the safety concerns noted, it is 
important to have these regulations in effect during the event. The 
area covered by the special local regulation should have negligible 
impact on vessel movement. The Coast Guard will issue a broadcast 
notice to mariners (BNM) to advise vessel operators of navigational 
restrictions. In addition, the Coast Guard will also advertise notice 
of the event and event date changes via local notice to mariners (LNM) 
report.
    For the same reasons, 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 would be contrary to 
the public interest, because immediate action is needed to ensure the 
safety of the event. However, notifications will be made to users of 
the affected area near San Diego Bay, San Diego, California via marine 
information broadcast and a local notice to mariners.
    Furthermore, we are providing an opportunity for subsequent public 
comment and, should public comment show the need for modifications to 
the special local regulations during the 2015 event, we may make those 
modifications and will provide actual notice of those modifications to 
the affected public.

C. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1233, which authorize the Coast Guard to establish, and define 
special local regulations. The Captain of the Port San Diego is 
establishing a special local regulation for the waters of San Diego 
Bay, San Diego, California to protect event participants, spectators 
and transiting vessels. Entry into this area is prohibited unless 
specifically authorized by the Captain of the Port San Diego or 
designated representative.

D. Discussion of the Interim Rule

    The TriRock San Diego Triathlon is an annual event normally held on 
a weekend day in September San Diego Bay, San Diego, California.
    The regulation listing annual marine events within the San Diego 
Captain of the Port Zone and special local regulations is CFR 100.1101. 
Table 1 to Sec.  100.1101 identifies special local regulations within 
the COTP San Diego Zone. Table 1 to Sec.  100.1101 at item ``11'' 
describes the enforcement date and regulated location for this marine 
event.
    The date listed in the Table has the marine event on a Saturday in 
September. However, this temporary rule changes the marine event date 
to Sunday, September 20, 2015 to reflect the actual date of the event.
    The Coast Guard is establishing a temporary special local 
regulation for a marine event on San Diego Bay that will be effective 
from 6:30 a.m. to 10:30 a.m. on September 20, 2015 and will be enforced 
in that same timeframe.
    The Coast Guard will temporarily suspend the regulation listed in 
Table 1 to Sec.  100.1101 item ``11'', and insert this temporary 
regulation at Table 1 to Sec.  100.1101, at item ``19''. This change is 
needed to accommodate the sponsor's event plan. No other portion of 
Table 1 to Sec.  100.1101 or other provisions in Sec.  100.1101 shall 
be affected by this regulation.
    The special local regulations are necessary to provide for the 
safety of the crew, spectators, participants, and other vessels and 
users of the waterway for the swimming portion of this triathlon race 
that will consist of a 1,600 swimmers. Persons and vessels will be 
prohibited from entering into, transiting through, or anchoring within 
this regulated waterway unless authorized by the Coast Guard Captain of 
the Port (COTP), or his designated representative, during the proposed 
times. Before the effective period, the Coast Guard will publish 
information on the event in the weekly LNM.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and

[[Page 52995]]

does not require an assessment of potential costs and benefits under 
section 6(a)(3) of Executive Order 12866 or under section 1 of 
Executive Order 13563. The Office of Management and Budget has not 
reviewed it under those Orders. We expect the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary. 
This determination is based on the size, location, and the limited 
duration of the marine event and associated special local regulations. 
Optional waterway routes exist to allow boaters to transit around the 
marine event area, without impacting the race. Additionally, to the 
maximum extent practicable, the event sponsor will assist with the 
movement of boaters desiring to transit the race area throughout the 
day.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit or anchor in the impacted portion of San Diego 
Bay, California from 6:30 a.m. to 10:30 a.m. on September 20, 2015.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. Although the special local regulations would apply to a 
portion of San Diego Bay, traffic would be allowed to pass around the 
zone or through the zone with the permission of the COTP, or his 
designated representative. The event sponsor, will also be advertising 
the event. Before the effective period, the Coast Guard will publish 
event information on the internet in the weekly LNM marine information 
report and will provide a BMM via marine radio during the event.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 establishment of marine event special 
local regulations on the navigable waters of Mission Bay. This rule is 
categorically excluded from further

[[Page 52996]]

review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, and 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

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. In Sec.  100.1101, in Table 1 to Sec.  100.1101, suspend item ``11'' 
and add temporary item ``19'' to read as follows:


Sec.  100.1101  Southern California Annual Marine Events for the San 
Diego Captain of the Port Zone.

* * * * *

                       Table 1 to Sec.   100.1101
              [All coordinates referenced us datum NAD 83]
 
 
------------------------------------------------------------------------
 
                              * * * * * * *
                     19. TriRock San Diego Triathlon
------------------------------------------------------------------------
Sponsor................................  Competitor Group, Inc.
Event Description......................  Swim Race.
Date...................................  September 20, 2015
Location...............................  San Diego Bay, CA.
Regulated Area.........................  The waters of San Diego Bay,
                                          off the East Basin of
                                          Embarcadero Park.
------------------------------------------------------------------------


    Dated: August 17, 2015.
J.S. Spaner,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2015-21791 Filed 9-1-15; 8:45 am]
BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations                                       52993

                                                  call 202–741–6030, or go to: http://                    paragraph (a) of this section. The                    (table 1, item 11). This temporary
                                                  www.archives.gov/federal_register/                      Director of the Federal Register                      interim rule provides public notice and
                                                  code_of_federal_regulations/ibr_                        approves this incorporation by reference              is necessary to ensure the safety of
                                                  locations.html. This incorporation by                   in accordance with 5 U.S.C. 552(a) and                participants, crew, spectators,
                                                  reference was approved by the Director                  1 CFR part 51. You may obtain a copy                  participating vessels, and other vessels
                                                  of the Federal Register in accordance                   from the MSHA Web site at http://                     and users of the waterway.
                                                  with 5 U.S.C. 552(a) and 1 CFR part 51.                 www.msha.gov and you may inspect or                   Unauthorized persons and vessels are
                                                  In addition, copies of the document may                 obtain a copy at MSHA, Coal Mine                      prohibited from entering into, transiting
                                                  be purchased from the American                          Safety and Health, 201 12th Street                    through, or anchoring within the
                                                  Society for Testing and Materials                       South, Arlington, VA 22202–5452; 202–                 regulated area unless authorized by the
                                                  (ASTM), 100 Barr Harbor Drive, P.O.                     693–9500; and at each MSHA Coal Mine                  Captain of the Port (COTP), or his
                                                  Box C700, West Conshohocken, PA,                        Safety and Health District Office, or at              designated representative. The Coast
                                                  19428–2959; 610–832–9500; http://                       the National Archives and Records                     Guard requests public comments on the
                                                  www.astm.org.                                           Administration (NARA). For                            temporary interim rule.
                                                  *     *    *     *     *                                information on the availability of this               DATES: This rule is effective from 6:30
                                                                                                          material at NARA, call 202–741–6030,                  a.m. through 10:30 a.m. on September
                                                  PART 90—MANDATORY HEALTH                                or go to: http://www.archives.gov/                    20, 2015. Public comments must be
                                                  STANDARDS—COAL MINERS WHO                               federal_register/code_of_federal_                     received by September 19, 2015.
                                                  HAVE EVIDENCE OF                                        regulations/ibr_locations.html.                       ADDRESSES: Submit comments using one
                                                  PNEUMOCONIOSIS                                          ■ 62. Section 90.208 is amended by                    of the listed methods, and see
                                                                                                          revising paragraph (a) to read as follows:            SUPPLEMENTARY INFORMATION for more
                                                  ■ 58. The authority citation for part 90
                                                                                                                                                                information on public comments.
                                                  continues to read as follows:                           § 90.208 Respirable dust samples;
                                                                                                          transmission by operator.
                                                                                                                                                                   • Online—http://www.regulations.gov
                                                      Authority: 30 U.S.C. 811, 813(h), 957.                                                                    following Web site instructions.
                                                                                                            (a) If using a CMDPSU, the operator                    • Fax—202–493–2251.
                                                  ■ 59. Section 90.3 is amended by                        shall transmit within 24 hours after the
                                                  revising paragraph (d) and the first                                                                             • Mail or hand deliver—Docket
                                                                                                          end of the sampling shift all samples                 Management Facility (M–30), U.S.
                                                  sentence in paragraph (e) to read as                    collected to fulfill the requirements of
                                                  follows:                                                                                                      Department of Transportation, West
                                                                                                          this part, including control filters, in              Building Ground Floor, Room W12–140,
                                                  § 90.3 Part 90 option; notice of eligibility;           containers provided by the                            1200 New Jersey Avenue SE.,
                                                  exercise of option.                                     manufacturer of the filter cassette to:               Washington, DC 20590–0001. Hand
                                                  *     *      *    *    *                                Respirable Dust Processing Laboratory,                delivery hours: 9 a.m. to 5 p.m., Monday
                                                    (d) The option to work in a low dust                  Pittsburgh Safety and Health                          through Friday, except Federal holidays
                                                  area of the mine may be exercised for                   Technology Center, 626 Cochrans Mill                  (telephone 202–366–9329).
                                                  the first time by any miner employed at                 Road, Building 38, Pittsburgh, PA                        Documents mentioned in this
                                                  a coal mine who was eligible for the                    15236–3611, or to any other address                   preamble are part of docket [USCG–
                                                  option under the old section 203(b)                     designated by the District Manager.                   2015–0738]. To view documents
                                                  program (http://www.msha.gov/                           *     *      *    *      *                            mentioned in this preamble as being
                                                  REGSTECHAMEND.htm), or is eligible                      [FR Doc. 2015–21054 Filed 9–1–15; 8:45 am]            available in the docket, go to http://
                                                  for the option under this part by sending               BILLING CODE 4510–43–P                                www.regulations.gov, type the docket
                                                  a written request to the Chief, Division                                                                      number in the ‘‘SEARCH’’ box and click
                                                  of Health, Coal Mine Safety and Health,                                                                       ‘‘SEARCH.’’ Click on Open Docket
                                                  MSHA, 201 12th Street South,                            DEPARTMENT OF HOMELAND                                Folder on the line associated with this
                                                  Arlington, VA 22202–5452.                               SECURITY                                              rulemaking. You may also visit the
                                                    (e) The option to work in a low dust                                                                        Docket Management Facility in Room
                                                  area of the mine may be re-exercised by                 Coast Guard                                           W12–140 on the ground floor of the
                                                  any miner employed at a coal mine who                                                                         Department of Transportation West
                                                  exercised the option under the old                      33 CFR Part 100                                       Building, 1200 New Jersey Avenue SE.,
                                                  section 203(b) program (http://                         [Docket No. USCG–2015–0738]                           Washington, DC 20590, between 9 a.m.
                                                  www.msha.gov/                                                                                                 and 5 p.m., Monday through Friday,
                                                  REGSTECHAMEND.htm) or exercised                         RIN 1625–AA08                                         except Federal holidays.
                                                  the option under this part by sending a                                                                       FOR FURTHER INFORMATION CONTACT: If
                                                  written request to the Chief, Division of               Special Local Regulation; Southern
                                                                                                          California Annual Marine Events for                   you have questions on this rule, call or
                                                  Health, Coal Mine Safety and Health,                                                                          email Petty Officer Randolph Pahilanga,
                                                  MSHA, 201 12th Street South,                            the San Diego Captain of the Port
                                                                                                          Zone; San Diego Bay, San Diego, CA                    Waterways Management, U.S. Coast
                                                  Arlington, VA 22202–5452. * * *                                                                               Guard Sector San Diego, Coast Guard;
                                                  *     *      *    *    *                                AGENCY:    Coast Guard, DHS.                          telephone 619–278–7656, email
                                                  ■ 61. Section 90.204 is amended by                      ACTION:   Temporary interim rule.                     D11MarineEventsSD@uscg.mil. If you
                                                  revising paragraph (e) to read as follows:                                                                    have questions on viewing or submitting
                                                                                                          SUMMARY:   The Coast Guard is                         material to the docket, call Cheryl
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  § 90.204 Approved sampling devices;                     temporarily changing the enforcement                  Collins, Program Manager, Docket
                                                  maintenance and calibration.                            date of the special local regulation on               Operations, telephone (202) 366–9826.
                                                  *     *     *    *    *                                 the navigable waters of San Diego Bay,                SUPPLEMENTARY INFORMATION:
                                                    (e) You must proceed in accordance                    San Diego, California in support of the
                                                  with ‘‘Calibration and Maintenance                      annual TriRock San Diego Triathlon.                   Table of Acronyms
                                                  Procedures for Coal Mine Respirable                     This temporary interim rule adjusts the               DHS Department of Homeland Security
                                                  Dust Samplers,’’ MSHA Informational                     date for the established special local                FR Federal Register
                                                  Report IR 1240 (1996), referenced in                    regulations listed in 33 CFR 100.1101                 NPRM Notice of Proposed Rulemaking



                                             VerDate Sep<11>2014   19:00 Sep 01, 2015   Jkt 235001   PO 00000   Frm 00059   Fmt 4700   Sfmt 4700   E:\FR\FM\02SER1.SGM   02SER1


                                                  52994        Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations

                                                  BNM Broadcast Notice to Mariners                        ‘‘impracticable, unnecessary, or contrary             D. Discussion of the Interim Rule
                                                  LNM Local Notice to Mariners                            to the public interest.’’
                                                  COTP Captain of the Port                                                                                        The TriRock San Diego Triathlon is an
                                                                                                             We did not publish a notice of
                                                                                                                                                                annual event normally held on a
                                                  A. Public Participation and Comments                    proposed rulemaking (NPRM) for this
                                                                                                                                                                weekend day in September San Diego
                                                                                                          regulation. Under 5 U.S.C. 553(b)(B), the
                                                     We encourage you to submit                                                                                 Bay, San Diego, California.
                                                                                                          Coast Guard finds that good cause exists
                                                  comments (or related material) on this                                                                          The regulation listing annual marine
                                                                                                          for not publishing a NPRM because the
                                                  temporary interim rule. We will                                                                               events within the San Diego Captain of
                                                                                                          Coast Guard did not have sufficient
                                                  consider all submissions and may adjust                                                                       the Port Zone and special local
                                                                                                          information about the event early
                                                  our final action based on your                          enough to publish the NPRM and                        regulations is CFR 100.1101. Table 1 to
                                                  comments. Comments should be marked                     receive comments. The publishing of an                § 100.1101 identifies special local
                                                  with docket number USCG–2015–0738                       NPRM would be impracticable since                     regulations within the COTP San Diego
                                                  and should provide a reason for each                    immediate action is needed to minimize                Zone. Table 1 to § 100.1101 at item ‘‘11’’
                                                  suggestion or recommendation. You                       potential danger to the participants and              describes the enforcement date and
                                                  should provide personal contact                         the public during the event. The danger               regulated location for this marine event.
                                                  information so that we can contact you                  posed by the large volume of weekend                    The date listed in the Table has the
                                                  if we have questions regarding your                     marine traffic in San Diego Bay makes                 marine event on a Saturday in
                                                  comments; but please note that all                      special local regulations necessary to                September. However, this temporary
                                                  comments will be posted to the online                   provide for the safety of participants,               rule changes the marine event date to
                                                  docket without change and that any                      event support vessels, spectator craft                Sunday, September 20, 2015 to reflect
                                                  personal information you include can be                 and other vessels transiting the event                the actual date of the event.
                                                  searchable online (see the Federal                      area. For the safety concerns noted, it is              The Coast Guard is establishing a
                                                  Register Privacy Act notice regarding                   important to have these regulations in                temporary special local regulation for a
                                                  our public dockets, 73 FR 3316, Jan. 17,                effect during the event. The area                     marine event on San Diego Bay that will
                                                  2008).                                                  covered by the special local regulation               be effective from 6:30 a.m. to 10:30 a.m.
                                                     Mailed or hand-delivered comments                    should have negligible impact on vessel               on September 20, 2015 and will be
                                                  should be in an unbound 81⁄2 × 11 inch                  movement. The Coast Guard will issue                  enforced in that same timeframe.
                                                  format suitable for reproduction. The                   a broadcast notice to mariners (BNM) to                 The Coast Guard will temporarily
                                                  Docket Management Facility will                         advise vessel operators of navigational               suspend the regulation listed in Table 1
                                                  acknowledge receipt of mailed                           restrictions. In addition, the Coast                  to § 100.1101 item ‘‘11’’, and insert this
                                                  comments if you enclose a stamped,                      Guard will also advertise notice of the               temporary regulation at Table 1 to
                                                  self-addressed postcard or envelope                     event and event date changes via local                § 100.1101, at item ‘‘19’’. This change is
                                                  with your submission.                                   notice to mariners (LNM) report.                      needed to accommodate the sponsor’s
                                                     Documents mentioned in this notice,                     For the same reasons, the Coast Guard              event plan. No other portion of Table 1
                                                  and all public comments, are in our                     finds that good cause exists for making               to § 100.1101 or other provisions in
                                                  online docket at http://                                this rule effective less than 30 days after           § 100.1101 shall be affected by this
                                                  www.regulations.gov and can be viewed                   publication in the Federal Register.                  regulation.
                                                  by following the Web site’s instructions.               Delaying the effective date would be                    The special local regulations are
                                                  You can also view the docket at the                     contrary to the public interest, because              necessary to provide for the safety of the
                                                  Docket Management Facility (see the                     immediate action is needed to ensure                  crew, spectators, participants, and other
                                                  mailing address under ADDRESSES)                        the safety of the event. However,                     vessels and users of the waterway for
                                                  between 9 a.m. and 5 p.m., Monday                       notifications will be made to users of                the swimming portion of this triathlon
                                                  through Friday, except Federal holidays.                the affected area near San Diego Bay,                 race that will consist of a 1,600
                                                                                                          San Diego, California via marine                      swimmers. Persons and vessels will be
                                                  B. Regulatory History and Information
                                                                                                          information broadcast and a local notice              prohibited from entering into, transiting
                                                    The TriRock San Diego Triathlon is an                 to mariners.                                          through, or anchoring within this
                                                  annual reoccurring event listed in 33                      Furthermore, we are providing an                   regulated waterway unless authorized
                                                  CFR 100.1101 (table 1, item 11) for                     opportunity for subsequent public                     by the Coast Guard Captain of the Port
                                                  Southern California annual marine                       comment and, should public comment                    (COTP), or his designated
                                                  events for the San Diego Captain of the                 show the need for modifications to the                representative, during the proposed
                                                  Port Zone. Special local regulations                    special local regulations during the 2015             times. Before the effective period, the
                                                  exist for the marine event to allow for                 event, we may make those modifications                Coast Guard will publish information on
                                                  special use of the San Diego Bay                        and will provide actual notice of those               the event in the weekly LNM.
                                                  waterway for one day. For 2015, the                     modifications to the affected public.
                                                  event is occurring on Sunday,                                                                                 E. Regulatory Analyses
                                                  September 20, 2015. This temporary                      C. Basis and Purpose                                    We developed this rule after
                                                  interim rule is therefore necessary to                    The legal basis and authorities for this            considering numerous statutes and
                                                  ensure that the same measures normally                  rule are found in 33 U.S.C. 1233, which               executive orders related to rulemaking.
                                                  provided are in place for that day.                     authorize the Coast Guard to establish,               Below we summarize our analyses
                                                    The Coast Guard is issuing this                       and define special local regulations. The             based on these statutes and executive
                                                  temporary interim rule without prior                    Captain of the Port San Diego is                      orders.
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                                                  notice and opportunity to comment                       establishing a special local regulation
                                                  pursuant to authority under section 4(a)                for the waters of San Diego Bay, San                  1. Regulatory Planning and Review
                                                  of the Administrative Procedure Act                     Diego, California to protect event                      This rule is not a significant
                                                  (APA) (5 U.S.C. 553(b)). This provision                 participants, spectators and transiting               regulatory action under section 3(f) of
                                                  authorizes an agency to issue a rule                    vessels. Entry into this area is                      Executive Order 12866, Regulatory
                                                  without prior notice and opportunity to                 prohibited unless specifically                        Planning and Review, as supplemented
                                                  comment when the agency for good                        authorized by the Captain of the Port                 by Executive Order 13563, Improving
                                                  cause finds that those procedures are                   San Diego or designated representative.               Regulation and Regulatory Review, and


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                                                               Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations                                         52995

                                                  does not require an assessment of                       organization, or governmental                         8. Taking of Private Property
                                                  potential costs and benefits under                      jurisdiction and you have questions                      This rule will not cause a taking of
                                                  section 6(a)(3) of Executive Order 12866                concerning its provisions or options for              private property or otherwise have
                                                  or under section 1 of Executive Order                   compliance, please contact the person                 taking implications under Executive
                                                  13563. The Office of Management and                     listed in the FOR FURTHER INFORMATION                 Order 12630, Governmental Actions and
                                                  Budget has not reviewed it under those                  CONTACT, above.                                       Interference with Constitutionally
                                                  Orders. We expect the economic impact                      Small businesses may send comments                 Protected Property Rights.
                                                  of this rule to be so minimal that a full               on the actions of Federal employees
                                                  Regulatory Evaluation is unnecessary.                   who enforce, or otherwise determine                   9. Civil Justice Reform
                                                  This determination is based on the size,                compliance with, Federal regulations to                  This rule meets applicable standards
                                                  location, and the limited duration of the               the Small Business and Agriculture                    in sections 3(a) and 3(b)(2) of Executive
                                                  marine event and associated special                     Regulatory Enforcement Ombudsman                      Order 12988, Civil Justice Reform, to
                                                  local regulations. Optional waterway                    and the Regional Small Business                       minimize litigation, eliminate
                                                  routes exist to allow boaters to transit                Regulatory Fairness Boards. The                       ambiguity, and reduce burden.
                                                  around the marine event area, without                   Ombudsman evaluates these actions
                                                  impacting the race. Additionally, to the                annually and rates each agency’s                      10. Protection of Children
                                                  maximum extent practicable, the event                   responsiveness to small business. If you                We have analyzed this rule under
                                                  sponsor will assist with the movement                   wish to comment on actions by                         Executive Order 13045, Protection of
                                                  of boaters desiring to transit the race                 employees of the Coast Guard, call 1–                 Children from Environmental Health
                                                  area throughout the day.                                888–REG–FAIR (1–888–734–3247). The                    Risks and Safety Risks. This rule is not
                                                  2. Impact on Small Entities                             Coast Guard will not retaliate against                an economically significant rule and
                                                                                                          small entities that question or complain              does not create an environmental risk to
                                                     The Regulatory Flexibility Act of 1980               about this rule or any policy or action               health or risk to safety that may
                                                  (RFA), 5 U.S.C. 601–612, as amended,                    of the Coast Guard.                                   disproportionately affect children.
                                                  requires federal agencies to consider the
                                                  potential impact of regulations on small                4. Collection of Information                          11. Indian Tribal Governments
                                                  entities during rulemaking. The term                       This rule calls for no new collection                 This rule does not have tribal
                                                  ‘‘small entities’’ comprises small                      of information under the Paperwork                    implications under Executive Order
                                                  businesses, not-for-profit organizations                Reduction Act of 1995 (44 U.S.C. 3501–                13175, Consultation and Coordination
                                                  that are independently owned and                        3520).                                                with Indian Tribal Governments,
                                                  operated and are not dominant in their                                                                        because it does not have a substantial
                                                  fields, and governmental jurisdictions                  5. Federalism
                                                                                                                                                                direct effect on one or more Indian
                                                  with populations of less than 50,000.                      A rule has implications for federalism             tribes, on the relationship between the
                                                  The Coast Guard certifies under 5 U.S.C.                under Executive Order 13132,                          Federal Government and Indian tribes,
                                                  605(b) that this rule will not have a                   Federalism, if it has a substantial direct            or on the distribution of power and
                                                  significant economic impact on a                        effect on the States, on the relationship             responsibilities between the Federal
                                                  substantial number of small entities.                   between the national government and                   Government and Indian tribes.
                                                  This rule will affect the following                     the States, or on the distribution of
                                                  entities, some of which may be small                    power and responsibilities among the                  12. Energy Effects
                                                  entities: The owners or operators of                    various levels of government. We have                   This action is not a ‘‘significant
                                                  vessels intending to transit or anchor in               analyzed this rule under that Order and               energy action’’ under Executive Order
                                                  the impacted portion of San Diego Bay,                  determined that this rule does not have               13211, Actions Concerning Regulations
                                                  California from 6:30 a.m. to 10:30 a.m.                 implications for federalism.                          That Significantly Affect Energy Supply,
                                                  on September 20, 2015.                                                                                        Distribution, or Use.
                                                     This special local regulation will not               6. Protest Activities
                                                  have a significant economic impact on                      The Coast Guard respects the First                 13. Technical Standards
                                                  a substantial number of small entities                  Amendment rights of protesters.                         This rule does not use technical
                                                  for the following reasons. Although the                 Protesters are asked to contact the                   standards. Therefore, we did not
                                                  special local regulations would apply to                person listed in the FOR FURTHER                      consider the use of voluntary consensus
                                                  a portion of San Diego Bay, traffic                     INFORMATION CONTACT section to                        standards.
                                                  would be allowed to pass around the                     coordinate protest activities so that your
                                                                                                                                                                14. Environment
                                                  zone or through the zone with the                       message can be received without
                                                  permission of the COTP, or his                          jeopardizing the safety or security of                  We have analyzed this rule under
                                                  designated representative. The event                    people, places or vessels.                            Department of Homeland Security
                                                  sponsor, will also be advertising the                                                                         Management Directive 023–01 and
                                                                                                          7. Unfunded Mandates Reform Act                       Commandant Instruction M16475.lD,
                                                  event. Before the effective period, the
                                                  Coast Guard will publish event                             The Unfunded Mandates Reform Act                   which guide the Coast Guard in
                                                  information on the internet in the                      of 1995 (2 U.S.C. 1531–1538) requires                 complying with the National
                                                  weekly LNM marine information report                    Federal agencies to assess the effects of             Environmental Policy Act of 1969
                                                  and will provide a BMM via marine                       their discretionary regulatory actions. In            (NEPA) (42 U.S.C. 4321–4370f), and
                                                  radio during the event.                                 particular, the Act addresses actions                 have determined that this action is one
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                                                                                                          that may result in the expenditure by a               of a category of actions that do not
                                                  3. Assistance for Small Entities                        State, local, or tribal government, in the            individually or cumulatively have a
                                                     Under section 213(a) of the Small                    aggregate, or by the private sector of                significant effect on the human
                                                  Business Regulatory Enforcement                         $100,000,000 or more in any one year.                 environment. This rule involves
                                                  Fairness Act of 1996 (Public Law 104–                   Though this rule will not result in such              establishment of marine event special
                                                  121), we want to assist small entities in               an expenditure, we do discuss the                     local regulations on the navigable
                                                  understanding this rule. If the rule                    effects of this rule elsewhere in this                waters of Mission Bay. This rule is
                                                  would affect your small business,                       preamble.                                             categorically excluded from further


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                                                  52996              Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations

                                                  review under paragraph 34(h) of Figure                                      List of Subjects in 33 CFR Part 100                                Authority: 33 U.S.C. 1233.
                                                  2–1 of the Commandant Instruction. An                                         Marine safety, Navigation (water),                           ■ 2. In § 100.1101, in Table 1 to
                                                  environmental analysis checklist                                            Reporting and recordkeeping                                    § 100.1101, suspend item ‘‘11’’ and add
                                                  supporting this determination and a                                         requirements, and Waterways.                                   temporary item ‘‘19’’ to read as follows:
                                                  Categorical Exclusion Determination are                                       For the reasons discussed in the
                                                  available in the docket where indicated                                     preamble, the Coast Guard amends 33                            § 100.1101 Southern California Annual
                                                  under ADDRESSES. We seek any                                                CFR part 100 as follows:                                       Marine Events for the San Diego Captain of
                                                  comments or information that may lead                                                                                                      the Port Zone.
                                                  to the discovery of a significant                                           PART 100—SAFETY OF LIFE ON                                     *        *    *       *   *
                                                  environmental impact from this rule.                                        NAVIGABLE WATERS
                                                                                                                              ■ 1. The authority citation for part 100
                                                                                                                              continues to read as follows:

                                                                                                                                        TABLE 1 TO § 100.1101
                                                                                                                              [All coordinates referenced us datum NAD 83]




                                                                *                                *                                *                    *                                *                      *              *
                                                                                                                                        19. TriRock San Diego Triathlon

                                                  Sponsor .....................................................................................................     Competitor Group, Inc.
                                                  Event Description ......................................................................................          Swim Race.
                                                  Date ..........................................................................................................   September 20, 2015
                                                  Location ....................................................................................................     San Diego Bay, CA.
                                                  Regulated Area .........................................................................................          The waters of San Diego Bay, off the East Basin of Embarcadero
                                                                                                                                                                      Park.



                                                     Dated: August 17, 2015.                                                  crossing the Atlantic Intracoastal                             Table of Acronyms
                                                  J.S. Spaner,                                                                Waterway, mile 283.1, at Wrightsville
                                                                                                                                                                                                 DHS Department of Homeland Security
                                                  Captain, U.S. Coast Guard, Captain of the                                   Beach, North Carolina, during the swim
                                                                                                                                                                                                 FR Federal Register
                                                  Port San Diego.                                                             event.                                                             NPRM Notice of Proposed Rulemaking
                                                  [FR Doc. 2015–21791 Filed 9–1–15; 8:45 am]
                                                                                                                              DATES:  This rule is effective on
                                                  BILLING CODE 9110–04–P                                                                                                                     A. Regulatory History and Information
                                                                                                                              September 27, 2015 only.
                                                                                                                                This rule will be enforced from 7 a.m.                          The Coast Guard is issuing this
                                                  DEPARTMENT OF HOMELAND                                                      to 10 a.m. on September 27, 2015.                              temporary final rule without prior
                                                  SECURITY                                                                                                                                   notice and opportunity to comment
                                                                                                                              ADDRESSES:   Documents mentioned in
                                                                                                                                                                                             pursuant to authority under section 4(a)
                                                                                                                              this preamble are part of docket [USCG–
                                                  Coast Guard                                                                                                                                of the Administrative Procedure Act
                                                                                                                              2015–0663]. To view documents
                                                                                                                                                                                             (APA) (5 U.S.C. 553(b)). This provision
                                                                                                                              mentioned in this preamble as being
                                                  33 CFR Part 100                                                                                                                            authorizes an agency to issue a rule
                                                                                                                              available in the docket, go to http://
                                                                                                                              www.regulations.gov, type the docket                           without prior notice and opportunity to
                                                  [Docket Number USCG–2015–0663]
                                                                                                                              number in the ‘‘SEARCH’’ box and click                         comment when the agency for good
                                                  RIN 1625–AA08                                                               ‘‘SEARCH.’’ Click on Open Docket                               cause finds that those procedures are
                                                                                                                              Folder on the line associated with this                        ‘‘impracticable, unnecessary, or contrary
                                                  Special Local Regulations for Marine                                                                                                       to the public interest.’’ Under 5 U.S.C.
                                                                                                                              rulemaking. You may also visit the
                                                  Events, Wrightsville Channel;                                                                                                              553(b)(B), the Coast Guard finds that
                                                                                                                              Docket Management Facility in Room
                                                  Wrightsville Beach, NC                                                                                                                     good cause exists for not publishing a
                                                                                                                              W12–140 on the ground floor of the
                                                  AGENCY:        Coast Guard, DHS.                                            Department of Transportation West                              notice of proposed rulemaking (NPRM)
                                                                                                                              Building, 1200 New Jersey Avenue SE.,                          with respect to this rule. The Coast
                                                  ACTION:       Temporary final rule.
                                                                                                                              Washington, DC 20590, between 9 a.m.                           Guard did not receive final information
                                                  SUMMARY:    The Coast Guard is                                              and 5 p.m., Monday through Friday,                             about this event with sufficient time to
                                                  establishing a Special Local Regulation                                     except Federal holidays.                                       publish an NPRM and receive
                                                  for the ‘‘Swim the Loop’’ and ‘‘Motts                                                                                                      comments. Delaying the effective date to
                                                                                                                              FOR FURTHER INFORMATION CONTACT:     If                        provide for a comment period would be
                                                  Channel Sprint’’ swim event, to be held
                                                                                                                              you have questions on this rule, call or                       contrary to the public interest, since
                                                  on the waters adjacent to and
                                                                                                                              email LT Derek J. Burrill, Coast Guard                         immediate action is needed to ensure
                                                  surrounding Harbor Island in
                                                                                                                              Sector North Carolina, Coast Guard;
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                                                  Wrightsville Beach, North Carolina.                                                                                                        the safety of the event participants,
                                                                                                                              telephone (910) 772–2230, email                                patrol vessels, spectator craft and other
                                                  This Special Local Regulation is
                                                                                                                              Derek.J.Burrill@uscg.mil. If you have                          vessels transiting the event area. The
                                                  necessary to provide for the safety of life
                                                                                                                              questions on viewing or submitting                             Coast Guard will provide advance
                                                  on navigable waters during the event.
                                                                                                                              material to the docket, call Cheryl
                                                  This action is intended to restrict vessel                                                                                                 notifications to users of the affected
                                                                                                                              Collins, Program Manager, Docket
                                                  traffic on the Atlantic Intracoastal                                                                                                       waterways of the safety zone via marine
                                                                                                                              Operations, telephone (202) 366–9826.
                                                  Waterway within 550 yards north and                                                                                                        information broadcasts and local notice
                                                  south of the U.S. 74/76 Bascule Bridge                                      SUPPLEMENTARY INFORMATION:                                     to mariners.


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Document Created: 2018-02-26 10:10:47
Document Modified: 2018-02-26 10:10:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary interim rule.
DatesThis rule is effective from 6:30 a.m. through 10:30 a.m. on September 20, 2015. Public comments must be received by September 19, 2015.
ContactIf you have questions on this rule, call or email Petty Officer Randolph Pahilanga, Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 52993 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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