83 FR 14751 - Special Local Regulation; California Half Ironman Triathlon, Oceanside, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 67 (April 6, 2018)
Coast Guard
Federal Register Volume 83, Issue 67 (April 6, 2018)
| Page Range | 14751-14752 | |
| FR Document | 2018-07086 |
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)] [Rules and Regulations] [Pages 14751-14752] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07086] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2018-0156] Special Local Regulation; California Half Ironman Triathlon, Oceanside, CA AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will enforce the special local regulations on the waters offshore Oceanside and within Oceanside Harbor, California during the California Half Ironman Triathlon from 6:30 a.m. to 8:40 a.m. on April 7, 2018. [[Page 14752]] These special local regulations are necessary to provide for the safety of the participants, crew, spectators, sponsor vessels of the triathlon, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative. DATES: The regulations for the marine event listed in 33 CFR 100.1101, Table 1, Item 2, will be enforced from 6:30 a.m. through 8:40 a.m. on April 7, 2018. FOR FURTHER INFORMATION CONTACT: If you have questions about this publication of enforcement, call or email Lieutenant Junior Grade Briana Biagas, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-7656, email [email protected]. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local regulations in 33 CFR 100.1101 from 6:30 a.m. through 8:40 a.m. on April 7, 2018 for the California Half Ironman Triathlon in Oceanside, CA. This action is being taken to provide for the safety of life on navigable waterways during the triathlon. Our regulation for recurring marine events in the San Diego Captain of the Port Zone, Sec. 100.1101, specifies the location of the regulated area for this 2 KM loop open water swim is located offshore Oceanside and in Oceanside Harbor. Under the provisions of 33 CFR 100.1101, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This document is issued under authority of 5 U.S.C. 552 (a) and 33 CFR 100.1101. In addition to this document in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners, Broadcast Notice to Mariners, and local advertising by the event sponsor. If the Captain of the Port Sector San Diego or his designated representative determines that the regulated area need not be enforced for the full duration stated on this document, he or she may use a Broadcast Notice to Mariners or other communications coordinated with the event sponsor to grant general permission to enter the regulated area. Dated: March 20, 2018. J.R. Buzzella, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2018-07086 Filed 4-5-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations 14751
§ 16.96 Exemption of Federal Bureau of its sole discretion, agrees to permit already been published in the Federal
Investigation Systems-limited access. amendment or correction of FBI records, Register through the SORN
* * * * * it will share that information in documentation. Should the subsection
(x) The following system of records is appropriate cases. be so interpreted, exemption from this
exempt from 5 U.S.C. 552a(c)(3) and (4); (3) From subsections (d)(1), (2), (3), provision is necessary to protect the
(d)(1), (2), (3), and (4); (e)(1), (2), (3), and (4); (e)(4)(G) and (H); (e)(8); (f); and sources of law enforcement and
(4)(G), (H), and (I), (5), and (8); (f); and (g) because these provisions concern intelligence information and to protect
(g): individual access to and amendment of the privacy and safety of witnesses and
(1) The FBI Online Collaboration law enforcement and intelligence informants and others who provide
Systems (JUSTICE/FBI–004). records and compliance with such information to the FBI.
(2) These exemptions apply only to provisions could alert the subject of an (7) From subsection (e)(5) because in
the extent that information in this authorized law enforcement or the collection of information for
system is subject to exemption pursuant intelligence activity about that authorized law enforcement and
to 5 U.S.C. 552a(j) or (k). Where the FBI particular activity and the investigative intelligence purposes it is often
determines compliance with an interest of the FBI and/or other law impossible to determine in advance
exempted provision would not appear enforcement or intelligence agencies. what information is accurate, relevant,
to interfere with or adversely affect Providing access rights could timely, and complete. With time,
interests of the United States or other compromise sensitive law enforcement additional facts, or analysis, information
system stakeholders, the FBI in its sole information, disclose information that may acquire new significance. The
discretion may waive an exemption in could constitute an unwarranted restrictions imposed by subsection (e)(5)
whole or in part; exercise of this invasion of another’s personal privacy; would thus limit the ability of trained
discretionary waiver prerogative in a reveal a sensitive investigative or investigators and intelligence analysts to
particular matter shall not create any intelligence technique; provide exercise their judgment in reporting on
entitlement to or expectation of waiver information that would allow a subject investigations and impede the
in that matter or any other matter. As a to avoid detection or apprehension; or development of criminal intelligence
condition of discretionary waiver, the constitute a potential danger to the necessary for effective law enforcement.
FBI in its sole discretion may impose health or safety of law enforcement Although the FBI has claimed this
any restrictions deemed advisable by personnel, confidential sources, and exemption, it continuously works with
the FBI (including, but not limited to, witnesses. The FBI takes seriously its its federal, state, local, tribal, and
restrictions on the location, manner, or obligation to maintain accurate records international partners to maintain the
scope of notice, access or amendment). despite its assertion of this exemption,
(y) Exemptions from the particular accuracy of records to the greatest extent
and to the extent it, in its sole practicable. The FBI does so with
subsections are justified for the discretion, agrees to permit amendment
following reasons: established policies and practices. The
or correction of FBI records, it will share criminal justice and national security
(1) From subsection (c)(3), the that information in appropriate cases
requirement that an accounting be made communities have a strong operational
with subjects of the information. interest in using up-to-date and accurate
available to the named subject of a (4) From subsection (e)(1) because it
record, because this system is exempt records and will apply their own
is not always possible to know in
from the access provisions of subsection procedures and foster relationships with
advance what information is relevant
(d). Also, because making available to a their partners to further this interest.
and necessary for law enforcement and
record subject the accounting of intelligence purposes. Relevance and Dated: April 2, 2018.
disclosures from records concerning necessity are questions of judgment and Peter A. Winn,
him/her would specifically reveal any timing. For example, what appears Acting Chief Privacy and Civil Liberties
law enforcement or national security relevant and necessary when collected Officer.
investigative interest in the individual ultimately may be deemed unnecessary. [FR Doc. 2018–07056 Filed 4–5–18; 8:45 am]
by the FBI or agencies that are recipients It is only after information has been BILLING CODE 4410–02–P
of the disclosures. Revealing this fully assessed that its relevancy and
information could compromise ongoing, necessity in a specific investigative
authorized law enforcement and activity can be determined. DEPARTMENT OF HOMELAND
intelligence efforts, particularly efforts (5) From subsections (e)(2) and (3) SECURITY
to identify and defuse any potential acts because application of these provisions
of terrorism or other potential violations requiring collection directly from the Coast Guard
of criminal law. Revealing this subject individuals and informing
information could also permit the individuals regarding information to be 33 CFR Part 100
record subject to obtain valuable insight collected about them could present a
concerning the information obtained serious impediment to efforts to solve [Docket No. USCG–2018–0156]
during any investigation and to take crimes and improve national security. Special Local Regulation; California
measures to circumvent the Application of these provisions could Half Ironman Triathlon, Oceanside, CA
investigation (e.g. destroy evidence or put the subject of an investigation on
flee the area to avoid investigation). notice of the existence of the AGENCY: Coast Guard, DHS.
(2) From subsection (c)(4) notification investigation and allow the subject an ACTION: Notice of enforcement of
requirements because this system is opportunity to engage in conduct regulation.
exempt from the access and amendment
daltland on DSKBBV9HB2PROD with RULES
intended to obstruct or otherwise
provisions of subsection (d) as well as impede that activity or take steps to SUMMARY: The Coast Guard will enforce
the accounting disclosures provision of avoid apprehension. the special local regulations on the
subsection (c)(3). The FBI takes (6) From subsection (e)(4)(I), to the waters offshore Oceanside and within
seriously its obligation to maintain extent that this subsection is interpreted Oceanside Harbor, California during the
accurate records despite its assertion of to require more detail regarding the California Half Ironman Triathlon from
this exemption, and to the extent it, in record sources in this system than has 6:30 a.m. to 8:40 a.m. on April 7, 2018.
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![14752 Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations
These special local regulations are Dated: March 20, 2018. II. Background Information and
necessary to provide for the safety of the J.R. Buzzella, Regulatory History
participants, crew, spectators, sponsor Captain, U.S. Coast Guard, Captain of the The Coast Guard is issuing this
vessels of the triathlon, and general Port San Diego.
temporary rule without prior notice and
users of the waterway. During the [FR Doc. 2018–07086 Filed 4–5–18; 8:45 am] opportunity to comment pursuant to
enforcement period, persons and vessels BILLING CODE 9110–04–P authority under section 4(a) of the
are prohibited from entering into, Administrative Procedure Act (APA) (5
transiting through, or anchoring within U.S.C. 553(b)). This provision
this regulated area unless authorized by DEPARTMENT OF HOMELAND authorizes an agency to issue a rule
the Captain of the Port, or his SECURITY without prior notice and opportunity to
designated representative. comment when the agency for good
Coast Guard
DATES: The regulations for the marine cause finds that those procedures are
event listed in 33 CFR 100.1101, Table ‘‘impracticable, unnecessary, or contrary
33 CFR Part 165
1, Item 2, will be enforced from 6:30 to the public interest.’’ Under 5 U.S.C.
a.m. through 8:40 a.m. on April 7, 2018. 553(b)(B), the Coast Guard finds that
[Docket Number USCG–2018–0263] good cause exists for not publishing a
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of proposed rulemaking (NPRM)
publication of enforcement, call or RIN 1625–AA00 with respect to this rule because the
email Lieutenant Junior Grade Briana event sponsor did not submit notice to
Safety Zone; Pathfinder Bank the Coast Guard with sufficient time
Biagas, Waterways Management, U.S. Fireworks Display; Oswego River,
Coast Guard Sector San Diego, CA; remaining before the event to publish an
Oswego, NY NPRM. Delaying the effective date of
telephone (619) 278–7656, email
D11MarineEventsSD@uscg.mil. AGENCY: Coast Guard, DHS. this rule to wait for a comment period
to run would be impracticable and
SUPPLEMENTARY INFORMATION: The Coast ACTION: Temporary final rule.
contrary to the public interest by
Guard will enforce the special local inhibiting the Coast Guard’s ability to
regulations in 33 CFR 100.1101 from SUMMARY: The Coast Guard is
establishing a temporary safety zone for protect spectators and vessels from the
6:30 a.m. through 8:40 a.m. on April 7, hazards associated with a fireworks
2018 for the California Half Ironman navigable waters within a 210-foot
radius of the launch site located at 77– display.
Triathlon in Oceanside, CA. This action Under 5 U.S.C. 553(d)(3), the Coast
is being taken to provide for the safety 79 West First Street, Oswego, NY. This
safety zone is intended to restrict Guard finds that good cause exists for
of life on navigable waterways during making this rule effective less than 30
the triathlon. Our regulation for vessels from portions of the Oswego
River during Pathfinder Bank fireworks days after publication in the Federal
recurring marine events in the San Register because doing so would be
Diego Captain of the Port Zone, display. This temporary safety zone is
necessary to protect mariners and impracticable and contrary to the public
§ 100.1101, specifies the location of the interest. Delaying the effective date
regulated area for this 2 KM loop open vessels from the navigational hazards
associated with a fireworks display. would be contrary to the rule’s
water swim is located offshore objectives of ensuring safety of life on
Oceanside and in Oceanside Harbor. Entry of vessels or persons into this
zone is prohibited unless specifically the navigable waters and protection of
Under the provisions of 33 CFR persons and vessels in vicinity of the
100.1101, persons and vessels are authorized by the Captain of the Port
Buffalo. fireworks display.
prohibited from entering into, transiting
through, or anchoring within this DATES: This rule is effective from 5:15 III. Legal Authority and Need for Rule
regulated area unless authorized by the p.m. until 11:15 p.m. on April 7, 2018. The Coast Guard is issuing this rule
Captain of the Port, or his designated ADDRESSES: To view documents under authority in 33 U.S.C. 1231. The
representative. The Coast Guard may be mentioned in this preamble as being Captain of the Port Buffalo (COTP) has
assisted by other Federal, State, or local available in the docket, go to http:// determined that a fireworks display
law enforcement agencies in enforcing www.regulations.gov, type USCG–2018– presents significant risks to the public
this regulation. 0263 in the ‘‘SEARCH’’ box and click safety and property. Such hazards
This document is issued under ‘‘SEARCH.’’ Click on Open Docket include premature and accidental
authority of 5 U.S.C. 552 (a) and 33 CFR Folder on the line associated with this detonations, dangerous projectiles, and
100.1101. In addition to this document rule. falling or burning debris. This rule is
in the Federal Register, the Coast Guard FOR FURTHER INFORMATION CONTACT: If needed to protect personnel, vessels,
will provide the maritime community you have questions on this rule, call or and the marine environment in the
with advance notification of this email LT Michael Collet, Chief navigable waters within the safety zone
enforcement period via the Local Notice Waterways Management Division, U.S. while the fireworks display takes place.
to Mariners, Broadcast Notice to Coast Guard; telephone 716–843–9322,
Mariners, and local advertising by the IV. Discussion of the Rule
email D09-SMB-SECBuffalo-WWM@
event sponsor. uscg.mil. This rule establishes a safety zone on
If the Captain of the Port Sector San April 7, 2018, from 5:15 p.m. until 11:15
SUPPLEMENTARY INFORMATION:
Diego or his designated representative p.m. The safety zone will encompass all
determines that the regulated area need waters of the Oswego River; Oswego,
daltland on DSKBBV9HB2PROD with RULES
I. Table of Abbreviations
not be enforced for the full duration NY contained within 210-foot radius of:
CFR Code of Federal Regulations
stated on this document, he or she may DHS Department of Homeland Security
43°27′34.10″ N, 076°30′39.50″ W.
use a Broadcast Notice to Mariners or FR Federal Register Entry into, transiting, or anchoring
other communications coordinated with NPRM Notice of proposed rulemaking within the safety zone is prohibited
the event sponsor to grant general § Section unless authorized by the Captain of the
permission to enter the regulated area. U.S.C. United States Code Port Buffalo or his designated on-scene
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Document Created: 2018-11-01 09:15:43
Document Modified: 2018-11-01 09:15:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of enforcement of regulation. | |
| Dates | The regulations for the marine event listed in 33 CFR 100.1101, Table 1, Item 2, will be enforced from 6:30 a.m. through 8:40 a.m. on April 7, 2018. | |
| Contact | If you have questions about this publication of enforcement, call or email Lieutenant Junior Grade Briana Biagas, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-7656, email [email protected] | |
| FR Citation | 83 FR 14751 |
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