[Federal Register Volume 63, Number 58 (Thursday, March 26, 1998)]
[Rules and Regulations]
[Pages 14621-14623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7911]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Diego; 98-007]
RIN 2115-AA97
Safety Zone; San Diego Bay and Adjacent Waters, San Diego, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: In conjunction with the release of `JJ' the gray whale by Sea
World of California, the Coast Guard is establishing a temporary,
moving safety zone around the USCGC CONIFER from 1:00 p.m. (PST) on
March 23, 1998 until 6:00 p.m. (PST) on March 30, 1998. The safety zone
will encompass all navigable waters within 250 yards of the USCGC
CONIFER while it transits from Naval Station 32nd Street to lighted
buoys 5 and 6. The safety zone will expand to 500 yards at lighted
buoys 5 and 6, and the safety zone will remain at 500 yards while the
USCGC CONIFER transits any/all navigable waters located within the
territorial sea of the United States.
This temporary regulation is established to serve three purposes:
to protect and facilitate the continued development of the gray whale
being released by Sea World of California on behalf of the National
Marine Fisheries Service (NMFS) (pursuant to a grant of authority
signed by NMFS on November 17, 1995, authorizing Sea World of
California to rescue and rehabilitate marine mammals as a member of the
California Mammal Stranding Network) to ensure the safety of the
vessels and personnel involved in the release, including the USCGC
CONIFER and its crew; and, to ensure the safety of any spectator
vessels and persons. Entry into, transit through, or anchoring within
this moving safety zone is prohibited unless authorized by the Captain
of the Port.
In order to ensure maximum safety and environmental protection, to
the extent that the USCGC CONIFER navigates to any point located beyond
3 nautical miles from the baseline from which the territorial sea is
measured to release `JJ' the gray whale during the dates and times that
this temporary safety zone is in effect, the Coast Guard is also
establishing a temporary, nonobligatory moving exclusionary area
encompassing all waters within 500 yards of the USCGC CONIFER. Entry
into this nonobligatory exclusionary area by any mariner constitutes a
risk to navigational safety and a risk to the marine mammal being
released, and it may prevent the release of `JJ' the gray whale. It may
also constitute a factor to be considered in determining whether a
person has operated a vessel in a negligent manner in violation of 46
USC Sec. 2302, or has engaged in activities in violation of the MMPA
and its implementing regulations.
EFFECTIVE DATES: This regulation becomes effective at 1:00 p.m. (PST)
on March 23, 1998, and continues until 6:00 p.m. (PST) on March 30,
1998.
ADDRESSES: Marine Safety Office San Diego, 2716 N. Harbor Drive, San
Diego, CA 92101-1064.
FOR FURTHER INFORMATION CONTACT: LT Mike Arguelles, U.S. Coast Guard
[[Page 14622]]
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 temporary regulation and good cause exists
for making it effective prior to, or 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 public
interest because the precise location of the release of `JJ' the gray
whale, and other logistical details surrounding the release, were not
finalized until a date fewer than 30 days prior to the scheduled
release dates.
Background and Purpose
The release of `JJ' the gray whale requiring promulgation of this
temporary, moving safety zone is scheduled to take place in the
navigable waters of San Diego Bay at a point approximately located 3
miles off Point Loma, sometime between March 23-28, 1998; however, the
actual release of `JJ' the gray whale may occur at a point located
somewhere further off the coast of Point Loma. The precise release
date, time, and location are dependent upon variable northbound marine
mammal migratory patterns in the Pacific Ocean.
Territorial sea, as defined in 33 CFR 2.05-5, means all waters
within the belt, 3 nautical miles wide, that is adjacent to the coast
of the United States and seaward of the territorial sea baseline. The
``territorial sea baseline'' is defined in 33 CFR 2.05-10. To the
extent that the USCGC CONIFER navigates to any point located beyond 3
nautical miles off the coast of Point Loma to release `JJ' the gray
whale during the dates and times that this temporary safety zone is in
effect, the Coast Guard is also establishing a temporary, nonobligatory
moving exclusionary area encompassing all waters within 500 yards of
the USCGC CONIFER. Entry into this nonobligatory exclusionary area by
any mariner may pose such a danger to the safety of all parties
involved that it might prevent the release of `JJ' the gray whale; it
may also constitute a factor to be considered in determining whether a
person has operated a vessel in a negligent manner in violation of 46
U.S.C. 2302, or has engaged in activities in violation of the MMPA and
its implementing regulations.
Discussion of Regulation
Gray whales are a protected species under the Marine Mammal
Protection Act (16 U.S.C. 1362(6); 50 CFR 216.3), and all federal
agencies are required to cooperate with the Commerce Department in
carrying out the purposes of the Marine Mammal Protection Act (16
U.S.C. 1382(b)). Sea World is releasing `JJ' the gray whale on behalf
of NMFS, pursuant to a grant of authority signed by NMFS on November
17, 1995, authorizing Sea World of California to rescue and
rehabilitate marine mammals as a member of the California Mammal
Stranding Network. This temporary regulation is established to serve
three purposes: (1) To protect and facilitate the continued development
of the gray whale being released by Sea World of California on behalf
of NMFS (pursuant to a grant of authority signed by NMFS on November
17, 1995, authorizing Sea World of California to rescue and
rehabilitate marine mammals as a member of the California Mammal
Stranding Network), (2) to ensure the safety of the vessels and
personnel involved in the release, including the USCGC CONIFER and its
crew; and (3) to ensure the safety of any spectator vessels and
persons. Entry into, transit through, or anchoring within this moving
safety zone is prohibited unless authorized by the Captain of the Port.
Regulatory Evaluation
This rule 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
safety zone the Coast Guard expects the economic impact of this
proposal 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
the 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, including no adverse effect on species or habitats protected by
the Endangered Species Act, and it is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist will be available
for inspection and copying in the docket to be maintained at the
address listed in ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, 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 Sec. 165.T11-047 is added to read as follows:
Sec. 165.T11-049 Moving Safety Zone: San Diego Bay and Adjacent
Waters, San Diego, CA.
(a) Location. The safety zone will encompass all navigable waters
within 250 yards of the USCGC CONIFER while it transits from Naval
Station 32nd Street to lighted buoys 5 and 6. The safety zone will
expand to 500 yards at lighted buoys 5 and 6, and the safety zone will
remain at 500 yards while the USCGC CONIFER transits any/all navigable
waters located within the territorial sea of the United States.
``Territorial sea,'' as defined in 33 CFR 2.05-5, means all waters
within the belt, 3 nautical miles wide, that is adjacent to the coast
of the United States and seaward of the territorial sea baseline. The
``territorial sea baseline'' is defined in 33 CFR 2.05-10.
Note: Nonobiligatory Exclusionary Area. In order to ensure
maximum safety and environmental protection, to the extent that the
USCGC CONIFER navigates to any point located beyond 3 nautical miles
from the baseline from which the territorial sea is measured to
release ``JJ'' the gray whale during the dates and times that this
temporary safety zone is in effect, the Coast Guard is also
establishing a temporary, nonobligatory moving exclusionary area
[[Page 14623]]
encompassing all waters within 500 yards of the USCGC CONIFER. Entry
into this nonobligatory exclusionary area by any mariner constitutes
a risk to navigational safety and a risk to the marine mammal being
released, and it may prevent the release of ``JJ'' the gray whale.
It may also constitute a factor to be considered in determining
whether a person has operated a vessel in a negligent manner in
violation of 46 USC Sec. 2302, or has engaged in activities in
violation of the MMPA and its implementing regulations.
(b) Effective Dates. This regulation becomes effective at 1:00 p.m.
(PST) on March 23, 1998, and continues until 6:00 p.m. (PST) on March
30, 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 this zone is prohibited unless authorized by the Captain of the
Port.
Dated: March 16, 1998.
J.A. Watson,
Commander, U.S. Coast Guard, Captain of the Port, San Diego,
California.
[FR Doc. 98-7911 Filed 3-25-98; 8:45 am]
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