[Federal Register Volume 68, Number 137 (Thursday, July 17, 2003)]
[Rules and Regulations]
[Pages 42287-42289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17983]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 03-019]
RIN 1625-AA00


Safety Zone; Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone within 
the navigable waters of the Sacramento River, Sacramento, CA, for a 
water festival that includes high-speed boat exhibitions, water safety 
demonstrations, and other water-skiing and wake-boarding demonstrations 
that will take place on the Sacramento River between the mouth of the 
American River and the entrance to the Miller Park Marina along the 
Sacramento waterfront. This safety zone is necessary to protect the 
racing boat operators, water safety demonstration participants, other 
event participants, spectators, and vessels and other property from the 
hazards associated with the water festival activities. 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 9 a.m. (PDT) on July 19, 2003 
through 5:30 p.m. (PDT) on July 20, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of the docket [COTP San Francisco Bay 03-019] and are 
available for inspection or copying at Coast Guard Marine Safety Office 
San Francisco Bay, Coast Guard Island, Alameda, California, 94501, 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Doug L. Ebbers, 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. Due to the complex 
coordination involved in planning the festival, major planning 
components of the Sacramento Bridge to Bridge Water Festival were only 
recently completed, and the logistical details surrounding the boat 
races and water safety demonstrations were not finalized and presented 
to the Coast Guard in time to draft and publish an NPRM. As such the 
event would occur before the rulemaking process was complete. Any delay 
in implementing this rule would be contrary to the public interest 
since immediate action is necessary to temporarily close the area in 
order to protect the maritime public from the hazards associated with 
these boat races, water-skiing demonstrations and aircraft 
demonstrations, which are intended for public entertainment.
    For the same reasons stated above, 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.

Background and Purpose

    The Sacramento Convention & Visitors Bureau is sponsoring the 
Sacramento Bridge to Bridge Water Festival on July 19 and 20, 2003, an 
event involving aircraft and boat water safety demonstrations, high-
speed boat races, and other water-borne demonstrations of short 
duration. This safety zone is necessary to protect the spectators along 
with vessels and other property from the hazards associated with the 
event. This temporary safety zone will consist of the navigable waters 
of the Sacramento River between the Pioneer Bridge and the mouth of the 
American River. The Coast Guard has granted the Sacramento Convention & 
Visitors Bureau a marine event permit for this event.

Discussion of Rule

    The following area will constitute a temporary safety zone: All 
navigable waters of the Sacramento River in an area four thousand yards 
by two hundred yards bounded by the following positions: 
38[deg]35'49.0'' N, 121[deg]30'30.0'' W; thence to 38[deg]35'49.0'' N, 
121[deg]30'23.0'' W; thence to 38[deg]33'40.0'' N, 121[deg]30'59.0'' W; 
thence to 38[deg]33'46.0'' N, 121[deg]31'11.0'' W; thence returning to 
the point of origin (NAD 83). Entry into, transit through or anchoring 
within the safety zone is prohibited, 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).
    Although this safety zone does restrict boating traffic within the 
Sacramento River, the effect of this regulation will not be significant 
as the safety zone will be short in duration.

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

[[Page 42288]]

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 their size.
    This safety zone will not have a significant impact on a 
substantial number of small entities because although the safety zone 
will occupy most of the width of the river at that point, the Patrol 
Commander of the event will open it up from approximately 12:15 p.m. to 
12:45 p.m. on each of the two days to allow vessel traffic to pass 
through. In addition, most of the vessels in that area will be 
participating in the event, so the impact will be at a minimum.

Assistance For Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 contains no collection of information requirements 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 an 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. 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 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 because we are establishing a safety zone.
    An ``Environmental Analysis Checklist'' and 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), Reports and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard proposes to 
amend 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. From 9 a.m. on July 19, 2003 through 5:30 p.m. on July 20, 2003 add 
Sec.  165.T11-091 to read as follows:


Sec.  165.T11-091  Safety Zone: Sacramento River, Sacramento, CA.

    (a) Location. The following area is designated as a safety zone: an 
area which is four thousand yards by two hundred yards and which will 
be bounded by the following positions: 38[deg]35'49.0'' N, 
121[deg]30'30.0'' W; thence to 38[deg]35'49.0'' N, 121[deg]30'23.0'' W; 
thence to 38[deg]33'40.0'' N, 121[deg]30'59.0'' W; thence to 
38[deg]33'46.0'' N, 121[deg]31'11.0'' W; thence returning to the point 
of origin (NAD 83).
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transit through,

[[Page 42289]]

or anchoring within this zone by all vessels is prohibited, unless 
authorized by the Captain of the Port, or a designated representative 
thereof.
    (2) Persons desiring to transit the area of the safety zone may 
contact the Patrol Commander on VHF-FM channel 83, or the Captain of 
the Port at telephone number 510-437-3073 or on VHF-FM channel 16 
(156.8 Mhz) to seek permission to transit the area. If permission is 
granted, all persons and vessels must comply with the instructions of 
the Captain of the Port or his designated representative.
    (c) Enforcement. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port or the designated 
on-scene patrol personnel. Patrol personnel comprise commissioned, 
warrant, and petty officers of the Coast Guard onboard Coast Guard, 
Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed.
    (d) Effective period. This section will be enforced from 9 a.m. to 
5:30 p.m. (PDT) on July 19 and 20, 2003. If the event concludes prior 
to the scheduled termination time, the Captain of the Port will cease 
enforcement of the safety zone and will announce that fact via 
Broadcast Notice to Mariners.

    Dated: July 9, 2003.
Steven J. Boyle,
Commander, U.S. Coast Guard, Acting Captain of the Port, San Francisco 
Bay, California.
[FR Doc. 03-17983 Filed 7-16-03; 8:45 am]
BILLING CODE 4910-15-P