[Federal Register Volume 63, Number 170 (Wednesday, September 2, 1998)]
[Rules and Regulations]
[Pages 46652-46654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23444]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay; 98-021]
RIN 2115-AA97


Safety Zone; Suisun Bay, Sacramento River, San Joaquin River, San 
Francisco, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
parts of Suisun Bay, the Sacramento River, and the San Joaquin River, 
during a powerboat race on September 13, 1998. The safety zone will 
encompass all waters within the area bounded by the line segments drawn 
as follows: commencing at a point located at latitude 38 deg.02'55'' N, 
longitude 121 deg.53'30'' W; thence to 38 deg.03'50'' N, 
121 deg.51'15'' W; thence to 38 deg.01'40'' N, 121 deg.49'55'' W; 
thence to 38 deg.01'38'' N, 121 deg.50'40'' W; thence to 38 deg.01'48'' 
N, 121 deg.51'08'' W; thence to 38 deg.01'54'' N, 121 deg.52'07'' W; 
thence to 38 deg.02'15'' N, 121 deg.52'55'' W; thence returning to the 
point of origin.
    This safety zone is necessary to provide for the safety of 
participants,

[[Page 46653]]

spectators, and property during the event. Persons and vessels are 
prohibited from entering into, transiting through, or anchoring within 
this safety zone unless authorized by the Captain of the Port, or a 
designated representative thereof. Commercial vessels may request 
authorization to transit this safety zone by contacting Vessel Traffic 
Service on Channel 14 VHF-FM.

DATES: This safety zone will be in effect on September 13, 1998 from 
11:30 a.m. until 3 p.m. (PDT). If the event concludes prior to the 
scheduled termination time, the Captain of the Port will cease 
enforcement of this safety zone and will announce that fact via 
Broadcast Notice to mariners.

ADDRESSES: Documents pertaining to this regulation are available for 
inspection and copying at U.S. Coast Guard Marine Safety Office San 
Francisco Bay, Building 14, Coast Guard Island, Alameda, CA 94501-5100.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Andrew B. Cheney, U.S. Coast Guard Marine Safety Office San 
Francisco Bay; (510) 437-3073.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    In accordance with 5 U.S.C. 553, a Notice of Proposed Rule (NPRM) 
was not published for this temporary regulation and good cause exists 
for making it effective prior to, or less than 30 days after, Federal 
Register publication. The precise location of the event necessitating 
the promulgation of this safety zone, and other logistical details 
surrounding the event, were not finalized until a date fewer than 30 
days prior to the event date. Publication of an NPRM and delay of its 
effective date would be contrary to the public interest since the event 
would occur before the rulemaking process was complete, jeopardizing 
the safety of the lives and property of event participants and 
spectators.

Discussion of Regulation

    The Pacific Offshore Powerboat Racing Association has been granted 
a permit by Commander, Coast Guard Group San Francisco to sponsor a 
powerboat race on the navigable waters of Suisun Bay, and the 
Sacramento and San Joaquin Rivers. The contestants will take multiple 
laps of the planned course of the race. From the starting point near 
the western end of Suisun Bay in the vicinity of Buoy #28, contestants 
will travel at high speed in a clock-wise direction around Winter 
Island and Browns Island and then return to the vicinity of Buoy #28. 
This safety zone is necessary to protect participants, spectators, and 
property from hazards associated with this race. Entry into, transit 
through, or anchoring within this zone by all vessels is prohibited, 
unless authorized by the Captain of the Port, or a designated 
representative thereof. Commercial vessels may request authorization to 
transit the regulated area by contacting the Vessel Traffic Service on 
Channel 14 VHF-FM. For purposes of this temporary regulation, 
``commercial vessels'' are defined as all vessels other than those used 
and registered/documented exclusively for recreational purposes.

Regualtory Evaluation

    This temporary 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 
(DOT) (44 FR 11040; February 26, 1979). Due to the short duration and 
limited geographic scope of the safety zone, and because commercial 
traffic will have an opportunity to request authorization to transit, 
the Coast Guard expects the economic impact of this rule to be so 
minimal that full regulatory evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.

Collection of Information

    This regulation 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 temporary 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 
temporary regulation and concluded that under Chapter 2.B.2. of 
Commandant Instruction M16475.1C, Figure 2-1, paragraph (34)(g), it 
will have no significant environmental impact and it is categorically 
excluded from further environmental documentation. An environmental 
analysis checklist has been completed and a Marine Event permit has 
been issued.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this rule will result in an annual 
expenditure by state, local, and tribal governments, in the aggregate 
of $100 million (adjusted annually for inflation). If so, the Act 
requires that a reasonable number of regulatory alternatives be 
considered, and that from those alternatives, the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objective of the rule be selected.
    No state, local, or tribal government entities will be effected by 
this rule, so this rule will not result in annual or aggregate costs of 
$100 million or more. Therefore, the Coast Guard is exempt from any 
further regulatory requirements under the Unfunded Mandates Act.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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:

PART 165--[AMENDED]

    1. The authority citation for 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 section 165.T11-089 is added to read as follows:


Sec. 165.T11-089  Safety Zone: Suisun Bay, Sacramento River, San 
Joaquin River, San Francisco, CA

    (a) Location. The following area constitutes a safety zone in the 
navigable waters of the United States within Suisun Bay and the 
Sacramento and San Joaquin Rivers: all waters within the area bounded 
by the line segments drawn as follows: commencing at a point located at 
latitude 38 deg.02'55''N, longitude 121 deg.53'30''W; thence to 
38 deg.03'50''N, 121 deg.51'15''W; thence to 38 deg.01'40''N, 
121 deg.49'55''W; thence to 38 deg.01'38''N, 121 deg.50'40''; thence to 
38 deg.01'48''N, 121 deg.51'08''W; thence to 38 deg.01'54''N, 
121 deg.52'07''; thence to 38 deg.02'15''N, 121 deg.52'55''W; thence 
returning to the point of origin. All coordinates referred use Datum: 
NAD 83.

[[Page 46654]]

    (b) Effective Dates. This safety zone becomes effective at 11:30 
a.m. (PDT) and terminates at 3 p.m. (PDT) on September 13, 1998. If the 
event concludes prior to the scheduled termination time, the Captain of 
the Port will cease enforcement of this safety zone and will announce 
that fact via Broadcast Notice to Mariners.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. Entry into, transit through, or 
anchoring within this zone is prohibited unless authorized by the 
Captain of the Port, or a designated representative thereof. Commercial 
vessels may request authorization to transit the safety zone by 
contacting Vessel Traffic Service on Channel 14 VHF-FM.

    Dated: August 24, 1998.
R.C. Lorigan,
Commander, U.S. Coast Guard, Acting Captain of the Port, San Francisco 
Bay.
[FR Doc. 98-23444 Filed 9-1-98; 8:45 am]
BILLING CODE 4910-15-M