[Federal Register Volume 67, Number 165 (Monday, August 26, 2002)]
[Rules and Regulations]
[Pages 54735-54737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21645]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 02-016]
RIN 2115-AA97


Safety Zone; San Diego Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two (2) temporary safety 
zones: A stationary safety zone and a moving safety zone, both on the 
navigable waters of North San Diego Bay in support of the Parade of 
Ships-Festival of Sail. 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 12:30 [PDT] to 4:30 [PDT] on 
September 12, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP San

[[Page 54736]]

Diego 02-016] and are available for inspection or copying at U.S. Coast 
Guard, Marine Safety Office San Diego, 2716 North Harbor Drive, San 
Diego, CA 92101-1064, between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

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

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 full notice and 
comment rulemaking. Moreover, through various meetings and 
correspondence, the Coast Guard has attempted to involve other agencies 
within the port 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. Furthermore, the event will have minimal 
impact on the public since it is of a short duration, four (4) hours, 
and will take place during non-commute hours from 12:30 p.m. until 4:30 
pm.
    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. In addition to the reasons stated 
above, 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 ``San Diego Maritime Museum'', 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 Diego 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 Diego Bay and, upon completion of the 
parade, mooring in San Diego 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 limits of the proposed stationary safety zone in North San 
Diego Bay are as follows: From a point on land at 32 deg.42'26'' N, 
117 deg.10'25'' W, thence west to 32 deg.42'26'' N, 117 deg.11'07'' W, 
thence southwest to 32 deg.42'59'' N, 117 deg.11'20'' W, thence 
southeast to 32 deg.42'35'' N, 117 deg.10'38'' W, thence southeast to 
32 deg.42'13'' N, 117 deg.10'06'' W, thence northeast to point on land 
32 deg.42'19'' N, 117 deg.10'02'' W, thence along shoreline to the 
point of origin. All coordinates are North American Datum 1983.
    The limits of the proposed moving safety zone in North San Diego 
Bay are as follows: 1000 yards forward, 200 yards on either side, and 
500 yards behind the parade of ships transiting through San Diego Bay.
    The Coast Guard proposes to establish two (2) safety zones that 
will be enforced from 12:30 p.m. to 4:30 p.m. on September 12, 2002. 
These 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 waterway. Participating 
escort vessels will fly an 8 foot white banner with a fluorescent green 
flag bearing the word ``official'', indicating their official 
association with the Parade of Ships-Festival of Sail. Persons and 
vessels will 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 (4) 
hours on August 28, 2002). In addition, the Coast Guard will publish 
local notice to mariners (LNM) and will issue broadcast notice to 
mariners (BNM) 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 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

[[Page 54737]]

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 
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 new Sec. 165.T11-045 to read as follows:
    Sec. 165.T11-045 Safety Zone; San Diego Bay, CA.
    (a) Location. The following areas are safety zones:
    (1) Stationary safety zone. From a point on land at 32 deg.42'26'' 
N, 117 deg.10'25'' W, thence west to 32 deg.42'26'' N, 117 deg.11'07'' 
W, thence southwest to 32 deg.42'59'' N, 117 deg.11'20'' W, thence 
southeast to 32 deg.42'35'' N, 117 deg.10'38'' W, thence southeast to 
32 deg.42'13'' N, 117 deg.10'06'' W, thence northeast to point on land 
32 deg.42'19'' N, 117 deg.10'02'' W, thence along shoreline to the 
point of origin. All coordinates are North American Datum 1983.
    (2) Moving safety zone. A moving safety zone within one-thousand 
(1000) yards forward, two-hundred (200) yards on either side, and five-
hundred (500) yards behind all vessels participating in the Parade of 
Ships-Festival of Sail as they transit through San Diego Bay. Escort 
vessels participating in this event will be distinguished by their 8 
foot white banners and fluorescent green flags bearing the word 
``official''.
    (b) Effective period. This section is effective from 12:30 p.m. 
until 4:30 p.m. on September 12, 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 Diego, or his designated representative.

    Dated: July 29, 2002.
S.P. Metruck,
Commander, Coast Guard, Captain of the Port, San Diego.
[FR Doc. 02-21645 Filed 8-23-02; 8:45 am]
BILLING CODE 4910-15-P