[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Rules and Regulations]
[Pages 9941-9942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5106]


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DEPARTMENT OF TRANPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego, 98-006]
RIN 2115-AA97


Safety Zone: Mission Bay, San Diego, CA; Oceanside Harbor, 
Oceanside, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
navigable waters of the channel entrances to Mission Bay, San Diego, 
CA, and Oceanside Harbor, Oceanside, CA, respectively. Both of these 
safety zones have been established for the same reason: To safeguard 
vessels from the severe swell and waves that are being encountered at 
the channel entrances to Mission Bay and Oceanside Harbor. The safety 
zones will consist of all navigable waters located within a 400 yard 
circular radius surrounding the end of the Mission Bay Channel entrance 
north jetty, and within a 400 yard circular radius surrounding the 
north jetty at the Oceanside Harbor entrance, respectively.
    The safety zones are established to restrict vessel capsizing, 
groundings, and other navigational mishaps that may occur due to severe 
weather and navigation conditions currently being encountered at the 
channel entrances to Mission Bay and Oceanside Harbor. Entry into, 
transiting through, or anchoring within these zones is prohibited 
unless authorized by the Captain of the Port. The Captain of the Port 
retains the discretion to authorize entry into, transit through, or 
anchoring within these zones as weather and navigation conditions 
permit.

DATES: This temporary rule becomes effective at 7:30 a.m. (PST) on 
February 17, 1998, and runs until 8 p.m. (PST) on March 31, 1998.

ADDRESSES: Marine Safety Office San Diego, 2716 N. Harbor Drive, San 
Diego, CA 92101-1064.

FOR FURTHER INFORMATION CONTACT: Lt. Michael Arguelles, U.S. Coast 
Guard Marine Safety Office San Diego at (619) 683-6484.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days after Federal Register publication. 
Publication of a notice of proposed rulemaking and delay of its 
effective date would be contrary to the public interest because 
emergency weather and navigation conditions require the immediate 
closure of both of these respective areas.

Background and Purposes

    These safety zones have both been established for the same reason: 
To safeguard vessels from severe swell and waves that are being 
encountered at the channel entrances to Mission Bay and Oceanside 
Harbor. The safety zones will consist of all navigable waters located 
within a 400 yard circular radius surrounding the end of the Mission 
Bay Channel entrance north jetty, and within a 400 yard circular radius 
surrounding the north jetty at the Oceanside Harbor entrance, 
respectively. The safety zones will be in place from 7:30 a.m. (PST) on 
February 17, 1998, until 8 p.m. (PST) on March 31, 1998, unless 
canceled earlier by the Captain of the Port.

Discussion of Regulation

    This regulation is necessary to safeguard vessels from the severe 
swell and waves that are being encountered at the channel entrances to 
Mission Bay and Oceanside Harbor. The safety zones will be enforced by 
U.S. Coast Guard personnel and local authorities working in conjunction 
with U.S. Coast Guard personnel. No persons or vessels will be allowed 
to enter into, transit through, or anchor within the safety zones 
unless authorized by the Captain of the Port. The Captain of the Port 
retains the discretion to authorize entry into, transit through, or 
anchoring within these zones as weather and navigation conditions 
permit.

Regulatory Evaluation

    This regulation is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(44 FR 11040; February 26, 1979). Due to the short duration and limited 
scope of the implementation of this safety zone, the Coast Guard 
expects the economic impact of this regulation to be so minimal that a 
full Regulatory Evaluation under paragraph 10(e) of the regulatory 
policies and procedures of Department of Transportation is unnecessary.

Collection of Information

    This rule contains no collection of information requirements under 
this Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this regulation under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this regulation does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that under section 2.B.2 of Commandant 
Instruction M16475.1B, it will have no significant environmental impact 
and its is categorically excluded from further environmental 
documentation. A categorical exclusion determination and an 
environmental analysis check list have been completed and are available

[[Page 9942]]

for inspection and copying at the address listed in ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbor, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    In consideration of the foregoing, subpart F of part 165 of Title 
33, Code of Federal Regulations, is amended as follows:
    1. The authority citation for 33 CFR part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T11-018 is added to read as follows:


Sec. 165.T11-048  Safety Zone: Mission Bay, San Diego, CA; Oceanside 
Harbor, Oceanside, CA.

    (a) Location. These two safety zones will consist of all navigable 
waters located within a 400 yard circular radius surrounding the end of 
the Mission Bay Channel entrance north jetty, and within a 400 yard 
circular radius surrounding the north jetty at the Oceanside Harbor 
entrance, respectively.
    (b) Effective Date. This temporary regulation becomes effective at 
7:30 a.m. (PST) on February 17, 1998, and runs until 8 p.m. (PST) on 
March 31, 1998, unless canceled earlier by the Captain of the Port.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through, or anchoring 
within these zones is prohibited unless authorized by the Captain of 
the Port.

    Dated: February 17, 1998.
J.A. Watson IV,
Commander, U.S. Coast Guard, Captain of the Port, San Diego, 
California.
[FR Doc. 98-5106 Filed 2-26-98; 8:45 am]
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