[Federal Register Volume 67, Number 211 (Thursday, October 31, 2002)]
[Rules and Regulations]
[Pages 66333-66335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27666]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 02-022]
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 on the 
navigable waters of Mission Bay in San Diego, CA, in support of the San 
Diego Fall Classic, a marine event consisting of 120 rowing shells 
racing on a marked course. This temporary safety zone is necessary to 
provide for

[[Page 66334]]

the safety of the participants, crew, spectators, participating vessels 
and other vessels and users of the waterway. 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 his 
designated representative.

DATES: This rule is effective from 6 a.m. (PST) to 12 p.m. (PST) on 
November 10, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP San Diego 02-022] and are 
available for inspection or copying at 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, at (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 a NPRM. Final approval and permitting 
of this event were not issued in time to engage in full notice and 
comment rulemaking. Publishing a NPRM and delaying the effective date 
would be contrary to the public interest since the event would occur 
before the rulemaking process was complete.
    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 San Diego Rowing Club is sponsoring the San Diego Fall Classic, 
which is held in Mission Bay, San Diego, CA. This temporary safety zone 
is necessary to provide for the safety of the crews, spectators, and 
participants of the San Diego Fall Classic and is also necessary to 
protect other vessels and users of the waterway.

Discussion of Rule

    This event begins at the south end of Fiesta Island, proceeds north 
to Radar Island, south to Vacation Island, and proceeds north to El 
Carmel Point. The safety zone consists of the navigable waters 
extending 50 yards to either side of the course line, defined more 
specifically as follows: Starting at a point 32[deg]46'00'' N, 
117[deg]13'00'' W, then northwest to 32[deg]46'10'' N, 117[deg]13'45'' 
W, then north to 32[deg]47'00'' N, 117[deg]13'30'' W, then south to 
32[deg]46'15'' N, 117[deg]14'00'' W, then northwest to 32[deg]46'48'' 
N, 117[deg]14'40'' W. All coordinates are North American Datum 1983.
    The Coast Guard proposes to establish one (1) safety zone that will 
be enforced from 6 a.m. (PST) to 12 p.m. (PST) on November 10, 2002. 
This safety zone is necessary to provide for the safety of the crews, 
spectators, and participants of the San Diego Fall Classic and to 
protect other vessels and users of the waterway. Persons and vessels 
will be prohibited from entering into, transiting through, or anchoring 
within this safety zone 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, l979). We expect the economic impact of 
this rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary because of its limited duration of six (6) hours and the 
limited geographic scope of the safety zone.

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 will 
not have a significant economic impact on a substantial number of small 
entities. This safety zone would not have a significant economic impact 
on a substantial number of small entities because this safety zone is 
limited in scope and duration (in effect for only six (6) hours on 
November 10, 2002). In addition the Coast Guard will publish local 
notice to mariners (LNM) 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 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 will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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.

[[Page 66335]]

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 does not create an 
environmental risk to health or risk to safety that may 
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 does 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 for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

PART 165--[AMENDED]

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:
    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.T11-034 to read as follows:


Sec.  165.T11-034  Safety Zone; Mission Bay, San Diego, CA.

    (a) Location. The safety zone consists of the navigable waters 
extending 50 yards to either side of the course line, defined more 
specifically as follows: Starting at a point 32[deg]46'00'' N, 
117[deg]13'00'' W, then northwest to 32[deg]46'10'' N, 117[deg]13'45'' 
W, then north to 32[deg]47'00'' N, 117[deg]13'30'' W, then south to 
32[deg]46'15'' N, 117[deg]14'00'' W, then northwest to 32[deg]46'48'' 
N, 117[deg]14'40'' W. All coordinates are North American Datum 1983.
    (b) Effective dates. This safety zone will be in effect from 6 a.m. 
(PST) to 12 p.m. (PST) on November 10, 2002. 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.
    (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. Mariners 
requesting permission to transit through the safety zone may request 
authorization to do so from the Patrol Commander (PATCOM). The Patrol 
Commander may be contacted via VHF-FM Channel 16.

    Dated: October 4, 2002.
S. P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 02-27666 Filed 10-30-02; 8:45 am]
BILLING CODE 4910-15-P