[Federal Register Volume 66, Number 46 (Thursday, March 8, 2001)]
[Rules and Regulations]
[Pages 13853-13854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5600]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego, CA; 01-002]
RIN 2115-AA97


Safety Zone: Mission Bay, San Diego, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the channel entrances to Mission Bay, San Diego, 
CA. This safety zone has been established to safeguard vessels from the 
severe swell and waves that are being encountered at the channel 
entrances to Mission Bay. The Captain of the Port retains the 
discretion to authorize entry into, transit through, or anchoring 
within this zone as weather and navigation conditions permit.

DATES: This temporary rule becomes effective at 8 a.m. (PST) on 
February 21, 2001, and runs until 8 p.m. (PST) on April 15, 2001. If 
the need for the safety zone ends before the scheduled termination 
time, the Captain of the Port will cease enforcement of this safety 
zone and announce the fact via Broadcast Notice to Mariners.

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

FOR FURTHER INFORMATION CONTACT: Petty Officer Nicole Lavorgna, USCG, 
c/o U.S Coast Guard Captain of the Port, telephone (619) 683-6495.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    In accordance with 5 U.S.C. 553, a notice of proposed rule making 
(NPRM) was not published for this regulation and good cause exists for 
making it effective less than 30 days after Federal Register 
publication. Publishing an NPRM and delaying the effective date would 
be contrary to the public interest because emergency weather and 
navigation conditions require the immediate closure of this area.

Discussion of Regulation

    This safety zone is necessary to safeguard vessels from severe 
swell and waves that are being encountered at the channel entrances to 
Mission Bay. The safety zone is established to restrict vessels from 
capsizing, grounding, and other navigational mishaps that may occur due 
to severe weather and navigation conditions currently being encountered 
at the channel entrance to Mission Bay. Entry into, transiting through, 
or anchoring within this zone is prohibited unless authorized by the 
Captain of the Port. The safety zone will be in place from 8 a.m. (PST) 
on February 21, 2001, and runs until 8 p.m. (PST) on April 15, 2001. 
The safety zone runs through mid April because past weather trends 
indicate sporadic harsh weather through this date. The safety zone will 
consist of all navigable waters located within a 400 yard circular 
radius surrounding the end of the Mission Bay Channel entrance north 
jetty.

Regulatory 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 scope of implementation for 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. Sec. 601 et seq), 
the Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include small businesses and not-for-profit

[[Page 13854]]

organizations that are not dominant in their respective fields, and 
governmental jurisdictions with populations less than 50,000. For the 
same reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. Sec. 605(b) that this rule is not 
expected to have a significant economic impact on any substantial 
number of entities, regardless of their size.

Assistance For Small Entities

    In accordance with Sec. 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Public Law 104-121), the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking process. If your small business or organization is affected 
by this rule and you have questions concerning its provisions or 
options for compliance, please contact Petty Officer Nicole Lavorgna, 
U.S. Coast Guard Marine Safety Office San Diego at (619) 683-6495.

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.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Public Law 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.

Other Executive Orders on the Regulatory Process

    In addition to the statutes and Executive Orders already addressed 
in this preamble, the Coast Guard considered the following executive 
orders in developing this temporary final rule and reached the 
following conclusions:
    Executive Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights. This Rule will not effect a 
taking of private property or otherwise have taking implications under 
this Order.
    Executive Order 12875, Enhancing the Intergovernmental Partnership. 
This Rule will not impose, on any State, local, or tribal government, a 
mandate that is not required by statute and that is not funded by the 
Federal government.
    Executive Order 12988, Civil Justice Reform. This Rule meets 
applicable standards in section 3(a) and 3(b)(2) of this Order to 
minimize litigation, eliminate ambiguity, and reduce burden.
    Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks. This Rule is not an economically 
significant rule and does not concern an environmental risk to safety 
disproportionately affecting children.

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; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new Sec. 165.T11-030 is added to read as follows:


Sec. 165.T11-030  Safety zone: mission bay, San Diego, CA.

    (a) Location. This safety zone consists of all navigable waters 
located within a 400 yard circular radius surrounding the end of the 
Mission Bay Channel entrance north jetty.
    (b) Effective Date. This section is effective at 8 a.m. (PST) on 
February 21, 2001, and runs until 8 p.m. (PST) on April 15, 2001. If 
the Mission Bay closure reopens 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. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through, or anchoring 
within this zone by all vessels is prohibited, unless authorized by the 
Captain of the Port, or his designated representative.

    Dated: February 21, 2001.
J.M. Farley,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 01-5600 Filed 3-7-01; 8:45 am]
BILLING CODE 4910-15-U