[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Rules and Regulations]
[Pages 39015-39017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16551]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Diego 03-015]
RIN 1625-AA00


Safety Zone; North San Diego Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
on the navigable waters of San Diego Bay in support of the North San 
Diego Bay July 4th Fireworks Show. 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 8:30 p.m. until 10 p.m. (PDT) on 
July 4, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP San Diego-03-015] and are 
available for inspection or copying at Marine Safety Office San Diego, 
2716 N. Harbor Drive, San Diego, CA 92101-1064 between 8 a.m. and 3 
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. In keeping with the 
requirements of 5 U.S.C. 553(d)(3), the Coast Guard also finds that 
good cause exists for making this regulation effective less than 30 
days after publication in the Federal Register. The precise location of 
the event necessitating promulgation of these safety zones and other 
logistical details surrounding the event were not finalized until a 
date fewer than 30 days prior to the event. Delaying the effective date 
of this rule would be contrary to the public interest because doing 
such would prevent the Coast Guard from maintaining the safety of the 
participants of the event and users of the waterway.

Background and Purpose

    The Coast Guard is establishing three (3) temporary safety zones on 
the navigable waters of San Diego Bay in support of the North San Diego 
Bay July 4th Fireworks Show. 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.

Discussion of Rule

    These safety zones are necessary for the North San Diego Bay July 
4th Fireworks Show, which will take place on July 4, 2003, starting at 
8:30 p.m. (PST) and ending at 10 p.m. (PST). The event involves three 
barges, which will be used as platforms for the launching of fireworks.
    The limits of these temporary safety zones are as follows: 300 
yards around the following points: 32[deg]42'50'' N, 117[deg]13'12'' W 
(Shelter Island), 32[deg]43'20'' N, 117[deg]12'14'' W (Harbor Island), 
and 32[deg]43'10'' N, 117[deg]10'46'' W (North Embarcadero).
    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.

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 Homeland 
Security (DHS).
    Due to the temporary safety zone's short duration of one and one-
half (1\1/2\) hours for just one day, 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 DHS is unnecessary.

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.
    For the same reasons set forth in the above Regulatory Evaluation, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this rule is not 
expected to have a significant economic impact on any substantial 
number of entities, regardless of size. This rule will affect the 
following entities, some of which may be small entities: the owners or 
operators of vessels intending to transit or anchor in a portion of 
North San

[[Page 39016]]

Diego Bay from 8:30 p.m. to 10 p.m. on July 4, 2003.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
temporary safety zone's short duration of one and one-half (1\1/2\) 
hours on one day, the late hour when commercial traffic is low, and the 
ability of the COTP to authorize entry if necessary.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist 
small entities in understanding the 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 Lt. Commander Rick Sorrell, U.S. Coast Guard Marine 
Safety Office San Diego at (619) 683-6495.
    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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are required for this rule and a copy can be obtained 
from the docket.

List of Subjects in 33 CFR Part 165

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


0
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

0
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; Department of Homeland Security 
Delegation No. 0170.

0
2. Add Sec.  165.T11-033 to read as follows:


Sec.  165.T11-033  Safety Zones: North San Diego Bay, CA.

    (a) Locations. Temporary safety zones are established that 
encompass all waters within 300 yards of the following points:
    (1) 32[deg]42'50'' N, 117[deg]13'12'' W (Shelter Island).
    (2) 32[deg]43'20'' N, 117[deg]12'14'' W (Harbor Island).
    (3) 32[deg]43'10'' N, 117[deg]'46'' W (North Embarcadero).
    (b) Effective period. This section will be enforced from 8:30 p.m. 
until 10 p.m. (PDT) on July 4, 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 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

[[Page 39017]]

may be contacted via VHF--FM Channel 16.

    Dated: June 20, 2003.
Stephen P. Metruck,
Commander, U. S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 03-16551 Filed 6-30-03; 8:45 am]
BILLING CODE 4910-15-P