[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Rules and Regulations]
[Pages 3395-3397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1597]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 03-005]
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 a temporary safety zone on the 
navigable waters of San Diego Bay in support of the Gatorade January 
24th Fireworks Show. This temporary safety zone is necessary to provide 
for the safety of the crews, spectators, participants of the event, 
participating vessels, other vessels, and users of the

[[Page 3396]]

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 8:45 p.m. to 9:45 p.m. (PST) on 
January 24, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP San Diego 03-005] 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, 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. 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

    Gatorade is sponsoring a fireworks show in San Diego Bay, CA on 
January 24, 2003. The fireworks show will be part of the weeklong Super 
Bowl XXXVII event known locally as the NFL Experience. The fireworks 
event involves one (1) barge, to be used as a platform for the 
launching of fireworks. This barge will be loaded with fireworks and 
thus contain a large amount of explosives. In order to establish a 
buffer around this hazardous situation, this rule will establish a 
safety zone around the barge. This temporary safety zone is necessary 
to provide for the safety of the crews, spectators, and participants of 
the Gatorade January 24th Fireworks Show. The proposed temporary safety 
zones are also necessary to protect other vessels and users of the 
waterway.

Discussion of Rule

    This safety zone is necessary for the Gatorade January 24th 
Fireworks Show, which will take place on January 24, 2003 starting at 
8:45 p.m. (PST) and ending at 9:45 p.m. (PST). The event involves one 
(1) barge, to be used as a platform for the launching of fireworks.
    The temporary safety zone includes the area 120 yards around the 
fireworks barge anchored off of Southwest Marine Shipyard. The exact 
coordinates can be found in the regulatory text. This temporary zone 
will establish a safety buffer around the fireworks barge, which is 
necessary to provide for the safety of all involved in the event and 
other 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.

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).

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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed safety zone would not have a 
significant economic impact on a substantial number of small entities 
because this zone is limited in scope and duration (in effect for only 
one (1) hour on January 24, 2003). Vessel traffic will still be able to 
pass around the zone. The Coast Guard will also issue broadcast notice 
to mariner alerts via VHF-FM marine channel 16 before the safety zone 
is enforced.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Petty Officer Austin Murai, 
Marine Safety Office San Diego at (619) 683-6495.

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

[[Page 3397]]

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 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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 proposed 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 establishing 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 is 
amending 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, 160.5; 49 CFR 1.46.


    2. Add new Sec.  165.T11-043 to read as follows:


Sec.  165.T11-043  Safety Zone; San Diego Bay, CA.

    (a) Location. The temporary safety zone includes the area extending 
120 yards around a point at 32[deg] 41'08''N, 117[deg] 08'51''W. All 
coordinates are North American Datum 1983.
    (b) Effective period. This section will be enforced from 8:45 p.m. 
(PST) to 9:45 p.m. (PST) on January 24, 2003. 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. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transit through, or anchoring 
within this safety 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. The Patrol Commander 
may be contacted via VHF-FM Channel 16.

    Dated: January 15, 2003.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 03-1597 Filed 1-23-03; 8:45 am]
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