# Southern California Annual Marine Events for the San Diego Captain of the Port Zone.
**AGENCY:**
Coast Guard, DHS.
**ACTION:**
Notice of proposed rulemaking.
**SUMMARY:**
The Coast Guard is proposing to update and amend its special local regulations for recurring marine events in the San Diego Captain of the Port Zone. This rulemaking proposes changes to accurately reflect the dates of existing recurring marine events in the Sector San Diego area of responsibility (AOR).
**DATES:**
Comments and related material must be received by the Coast Guard on or before May 5, 2025.
**ADDRESSES:**
You may submit comments identified by docket number USCG-2024-0899 using the Federal Decision-Making Portal at *https://www.regulations.gov.* See the “Public Participation and Request for Comments” portion of the *SUPPLEMENTARY INFORMATION* section for further instructions on submitting comments. This notice of proposed rulemaking with its plain-language, 100-word-or-less proposed rule summary will be available in this same docket.
**FOR FURTHER INFORMATION CONTACT:**
If you have questions about this proposed rulemaking, call or email Lieutenant Shelley Turner, Waterways Management, U.S. Coast Guard Sector, San Diego, CA; telephone 619-278-7656, email *[email protected].*
**SUPPLEMENTARY INFORMATION:**
**I. Table of Abbreviations**
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
**II. Background, Purpose, and Legal Basis**
The Captain of the Port Sector San Diego (COTP) proposes to amend the current table of recurring special local regulations for marine events, found in Table 1 to 33 CFR 100.1101. The proposed rule would ensure that the table reflects the most current information regarding recurring marine events in the Sector San Diego AOR. Table 1 to 33 CFR 100.1101 requires amendments to three existing special local regulations, changing the effective dates of the regulations to accurately reflect when the events are taking place. The Coast Guard's authority for establishing a special local regulation is contained in 46 U.S.C. 70041(a).
**III. Discussion of Proposed Rule**
This rule proposes to make the following changes in Table 1 to 33 CFR 100.1101:
1. Changing the effective date of Item 3 (San Diego Crew Classic) to “a weekend in March or April.”
2. Changing the effective date of Item 7 (San Diego Sharkfest Swim) to “a weekend in September or October.”
3. Changing the effective date of Item 17 (San Diego Fleet Week Veterans Day Boat Parade) to “one day in November on or around Veterans Day.”
The marine events listed in Table 1 to 33 CFR 100.1101 are listed as recurring over a particular time, during each month and each year. Exact dates are intentionally omitted since calendar dates for specific events change from year to year. Once dates for a marine event are known, the Coast Guard notifies the public it intends to enforce the special local regulation through various means including a notification of enforcement published in the *Federal Register* , Local Notice of Mariners, and Broadcast Notice to Mariners.
**IV. Regulatory Analyses**
We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders.
**A. Regulatory Planning and Review**
Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This NPRM has not been designated a “significant regulatory action,” under section 3(f) of Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size, location, and duration of the special local regulations. These areas are limited in size and duration, and typically have minimal impact to vessel traffic on the navigable waterway. In addition, the Coast Guard would provide advance notice of the regulated areas via Local Notice to Mariners and Broadcast Notice to Mariners. The rule would allow vessels to seek permission to enter the regulated area.
**B. Impact on Small Entities**
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the special local regulations may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see *ADDRESSES* ) explaining why you think it qualifies and how and to what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the *FOR FURTHER INFORMATION CONTACT* section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.
**C. Collection of Information**
This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
**D. Federalism and Indian Tribal Governments**
A rule has implications for federalism under Executive Order 13132 (Federalism), if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.
Also, this proposed rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) because it would 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. If you believe this proposed rule has implications for federalism or Indian tribes, please call or email the person listed in the *FOR FURTHER INFORMATION CONTACT* section.
**E. Unfunded Mandates Reform Act**
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the potential effects of this proposed rule elsewhere in this preamble.
**F. Environment**
We have analyzed this proposed rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination 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 proposed rule involves revising existing regulations for recurring marine events in the Sector San Diego AOR. Normally such actions are categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. For instructions on locating the docket, see the *ADDRESSES* section of this preamble. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.
**V. Public Participation and Request for Comments**
We view public participation as essential to effective rulemaking and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.
*Submitting comments.* We encourage you to submit comments through the Federal Decision-Making Portal at *https://www.regulations.gov.* To do so, go to *https://www.regulations.gov,* type USCG-2024-0899 in the search box and click “Search.” Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using *https://www.regulations.gov,* call or email the person in the *FOR FURTHER INFORMATION CONTACT* section of this proposed rule for alternate instructions.
*Viewing material in docket.* To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select “Supporting & Related Material” in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the *https://www.regulations.gov* Frequently Asked Questions web page. Also, if you click on the Dockets tab and then the proposed rule, you should see a “Subscribe” option for email alerts. The option will notify you when comments are posted, or a final rule is published.
We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive.
*Personal information.* We accept anonymous comments. Comments we post to *https://www.regulations.gov* will include any personal information you have provided. For more about privacy and submissions to the docket in response to this document, see DHS's eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
**List of Subjects in 33 CFR Part 100**
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 100 as follows:
**PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS**
1. The authority citation for part 100 continues to read as follows:
**Authority:**
46 U.S.C. 70041; 33 CFR 1.05-1.
2. In § 100.1101, amend Table 1 to § 100.1101, by revising items 3, 7, and 17, to read as follows:
§ 100.1101
| | |
| --- | --- |
| | |
| * * * * * | |
| | |
| * * * * * * * | |
| | |
| Sponsor | San Diego Crew Classic. |
| Event Description | Competitive rowing race. |
| Date | A weekend in March or April. |
| Location | Mission Bay, San Diego, CA. |
| Regulated Area | The waters of Mission Bay to include South Pacific Passage, Fiesta Bay, and the waters around Vacation Isle. |
| | |
| * * * * * * * | |
| | |
| Sponsor | Enviro-Sports Productions Inc. |
| Event Description | Swim race. |
| Date | A weekend in September or October. |
| Location | San Diego Bay, CA. |
| Regulated Area | The waters of San Diego Bay, CA, from Seaport Village to Coronado Ferry Landing. |
| | |
| * * * * * * * | |
| | |
| Sponsor | San Diego Fleet Week Foundation. |
| Event Description | SS Boat parade. |
| Date | One day in November on or around Veterans Day. |
| Location | San Diego Bay, CA. |
| Regulated Area | All waters of San Diego Bay, from surface to bottom, beginning at Shelter Island, proceeding northeast to Harbor Island, proceeding southeast along the shoreline to Tenth Avenue Marine Terminal, crossing the Federal navigable channel prior to the Coronado Bridge, then northwest along the shoreline of Coronado Island to the Coronado Ferry Landing. |
P.C. Dill,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.