[Federal Register Volume 67, Number 162 (Wednesday, August 21, 2002)]
[Rules and Regulations]
[Pages 54106-54108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21297]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Francisco 02-017]
RIN 2115-AA97


Safety Zone; San Francisco Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

[[Page 54107]]

SUMMARY: The Coast Guard is establishing moving safety zones extending 
one-hundred (100) yards around each vessel participating in the Parade 
of Ships-Festival of Sail as each vessel transits through San Francisco 
Bay to its respective mooring site on August 28, 2002. These temporary 
safety zones are necessary to provide for the safety of the crews, 
spectators, participants of the event, participating vessels and other 
vessels and users of the waterway. Persons and vessels are prohibited 
from entering into, transiting through, or anchoring within these 
safety zones unless authorized by the Captain of the Port, or his 
designated representative.

DATES: This rule is effective from 12 [PDT] to 4:30 [PDT] on August 28, 
2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP San Francisco 02-017] and are 
available for inspection or copying at U.S. Coast Guard Marine Safety 
Office San Francisco Bay, Coast Guard Island, Building 14, Alameda, CA 
94501-5100, between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Diana Cranston, Chief, 
Waterways Management Branch, U.S. Coast Guard Marine Safety Office San 
Francisco Bay, at (510) 437-3073.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Final approval and permitting 
of this event were not issued in time to engage in notice and comment 
rulemaking. Moreover, through various meetings and correspondence, the 
Coast Guard has attempted to involve other agencies in the planning 
process of the Parade of Ships-Festival of Sail. The public will also 
be reminded about this event through Broadcast Notice to Mariners (BNM) 
announcements and Local Notice to Mariner (LNM) publications. Moreover, 
the event will have minimal impact on the public since it is of a short 
duration, four and one-half (4.5) hours, and will take place during 
non-commute hours from 12 p.m. until 4:30 p.m.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. It would be contrary to the public 
interest not to publish this rule because the event has been permitted 
and participants and the public require protection.

Background and Purpose

    The American Sail Training Association, in coordination with local 
sponsors like ``Sail San Francisco'', is sponsoring the 2002 Tall Ships 
Challenge race series transiting the Pacific Ocean along the west coast 
of North America. Between the races, the participating vessels will 
visit several ports including San Francisco Bay. These temporary safety 
zones are established in support of the Parade of Ships-Festival of 
Sail, a marine event that includes participating vessels transiting 
through San Francisco Bay and, upon completion of the parade, mooring 
in San Francisco Bay, giving spectators an opportunity to tour the 
participating vessels. These temporary safety zones are necessary to 
provide for the safety of the crews, spectators, and participants of 
the Parade of Ships-Festival of Sail and are also necessary to protect 
other vessels and users of waterway.

Discussion of Rule

    The Coast Guard establishes moving safety zones extending one-
hundred (100) yards around each vessel participating in the Parade of 
Ships-Festival of Sail as each vessel transits through San Francisco 
Bay to its respective mooring site. Vessels participating in the event 
will fly a black-and-yellow pennant indicating their official 
association with the Parade of Ships-Festival of Sail. The safety zones 
surrounding the participant vessels will be enforced from 12 p.m. to 
4:30 p.m. on August 28, 2002. The safety zones are necessary to provide 
for the safety of the crews, spectators, and participants of the Parade 
of Ships-Festival of Sail and to protect other vessels and users of the 
waterways. Persons and vessels would be prohibited from entering into, 
transiting through, or anchoring within these safety zones unless 
authorized by the Captain of the Port, or his designated 
representative.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it 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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary because of its limited 
duration of four and one-half (4.5) hours and the limited geographic 
scope of the safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.
    These safety zones would not have a significant economic impact on 
a substantial number of small entities because these zones are limited 
in scope and duration (in effect for only four and one-half (4.5) hours 
on August 28, 2002). In addition, the Coast Guard will issue broadcast 
notice to mariners alerts via VHF-FM marine channel 16 before the 
safety zone is enforced.

Assistance for Small Entities

    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have

[[Page 54108]]

determined that it does not have implications for federalism.

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 or more in any 
one year. Though this rule would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation because we are proposing to establish a 
safety zone. A ``Categorical Exclusion Determination'' is available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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. Add a new Sec. 165.T11-089 to read as follows:


Sec. 165.T11-089  Safety Zone; San Francisco Bay, CA.

    (a) Location. Temporary moving safety zones are established as a 
one-hundred (100) yard radius around each vessel participating in the 
Parade of Ships-Festival of Sail as each vessel transits through San 
Francisco Bay to its respective mooring site. The vessels participating 
in this event will be distinguished by their flying a black and yellow 
pennant.
    (b) Effective period. This section is effective from 12:00 p.m. 
until 4:30 p.m. on August 28, 2002.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through or anchoring 
within these safety zones is prohibited unless authorized by the Coast 
Guard Captain of the Port, San Francisco, or his designated 
representative.

    Dated: August 12, 2002.
L. L. Hereth,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay, 
California.
[FR Doc. 02-21297 Filed 8-20-02; 8:45 am]
BILLING CODE 4910-15-P