[Federal Register Volume 71, Number 134 (Thursday, July 13, 2006)]
[Rules and Regulations]
[Pages 39565-39567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10999]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Diego 06-051]
RIN 1625-AA00


Safety Zone; North San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

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 a fireworks display 
series near the maritime navigational channel in the vicinity of the 
North Embarcadero. The safety zone is necessary to provide for the 
safety of the crew, 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 this safety zone unless authorized by the 
Captain of the Port, or his designated representative.

DATES: This rule is effective from 9 p.m. (local) through 10 p.m. 
(local) on the following dates: June 30, July 1, July 2, July 7, July 
8, July 14, July 15, July 21, July 22, July 28, July 29, August 4, 
August 5, August 11, August 12, August 18, August 19, August 20, August 
25, August 26, August 31, September 1, September 2, and September 3, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP San Diego 06-051 and are available 
for inspection or copying at Coast Guard Sector San Diego, 2710 N. 
Harbor Drive, San Diego, CA 92101-1028, between 8 a.m. (PST) and 3 p.m. 
(PST), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Eric Carroll, 
USCG, c/o U.S. Coast Guard Captain of the Port, (619) 278-7277.

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. Logistical details surrounding 
the fireworks show were not finalized nor 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.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register for the safety zones established on 
the following dates: June 30, July 1, July 2, July 7, July 8, July 14, 
July 15, July 21, and July 22, 2006. The issuance of final approval and 
permitting was so recent that the rule would be made effective less 
than 30 days after publication. In addition, 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 from the 
inherent dangers present to fireworks displays. This rule will be 
published 30 days prior to all other safety zones established by this 
rule.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone on a 
portion of

[[Page 39566]]

navigable waters of San Diego Bay in support of a fireworks show near 
the maritime navigational channel in San Diego Bay located off of the 
North Embarcadero. The safety zone is will consist of a 150-yard radius 
around the anchored firing barge. This temporary safety zone is 
necessary to provide for the safety of the show's crew, 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 this safety zone unless 
authorized by the Captain of the Port, or his designated 
representative.

Discussion of Rule

    The event involves one anchored barge, which will be used as a 
platform for launching fireworks. The safety zone is required because 
the barge's planned firing location is near the navigation channel. 
This safety zone will be enforced from 9 p.m. (local) through 10 p.m. 
(local) on the following dates: June 30, July 1, July 2, July 7, July 
8, July 14, July 15, July 21, July 22, July 28, July 29, August 4, 
August 5, August 11, August 12, August 18, August 19, August 20, August 
25, August 26, August 31, September 1, September 2, and September 3, 
2006.
    The limits of this temporary safety zone include all areas within a 
150 yard radius of the firing location at approximately 
32[deg]42[min]309[sec] N, 117[deg]10[min]173[sec] W (approximately 450 
ft southwest of the North Embarcadero).
    This temporary safety zone is 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 this safety zone unless authorized by the Captain of 
the Port, or his designated representative.
    U.S. Coast Guard personnel will enforce this safety zone. Other 
Federal, State, or local agencies may assist the Coast Guard, including 
the Coast Guard Auxiliary. Section 165.23 of Title 33, Code of Federal 
Regulations, prohibits any unauthorized person or vessel from entering 
or remaining in a safety zone. Vessels or persons violating this 
section will be subject to both criminal and civil penalties.

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.
    Although the safety zone will restrict boating traffic within the 
navigable waters of San Diego Bay, the effect of this regulation will 
not be significant as the safety zone will encompass only a small 
portion of the waterway and will be short in duration. The entities 
most likely to be affected are pleasure craft engaged in recreational 
activities and sightseeing. As such, the Coast Guard expects the 
economic impact of this rule to be minimal.

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 
entities. 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 Diego Bay from 9 p.m. (PST) 
to 10 p.m. (PST) on the following dates: June 30, July 1, July 2, July 
7, July 8, July 14, July 15, July 21, July 22, July 28, July 29, August 
4, August 5, August 11, August 12, August 18, August 19, August 20, 
August 25, August 26, August 31, September 1, September 2, and 
September 3, 2006. Although the safety zone will restrict boating 
traffic within a portion of the navigable waters of San Diego Bay, the 
Coast Guard expects the economic impact of this rule to be minimal. 
This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
safety zone only encompasses a small portion of the waterway, it is 
short in duration at a late hour when commercial traffic is low, vessel 
traffic can pass safely around the safety zone, and the Captain of the 
Port or his designated representative may authorize entry into the 
zone, if necessary. Before the effective period, we will issue maritime 
advisories widely available to users of this area.

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 can better evaluate its 
effects on them and participate in the rulemaking process. If your 
small business or organization is affected by this rule or you have 
questions concerning its provisions or options for compliance, please 
contact Chief Petty Officer Eric Carroll, U.S. Coast Guard Sector San 
Diego at (619) 278-7277.
    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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 39567]]

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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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 it establishes a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be 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.


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. 1225, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T11-105 to read as follows:


Sec.  165.T11-105  Safety Zone: North San Diego Bay, CA.

    (a) Location. The safety zone is comprised of a 150-yard radius 
around the anchored barge. The anchoring location is at the approximate 
position 32[deg]42'309'' N, 117[deg]10'173'' W (approximately 450 ft 
southwest of the North Embarcadero.)
    (b) Effective Period. This safety zone will be in effect from 9 
p.m. (local) through 10 p.m. (local) on the following dates: June 30, 
July 1, July 2, July 7, July 8, July 14, July 15, July 21, July 22, 
July 28, July 29, August 4, August 5, August 11, August 12, August 18, 
August 19, August 20, August 25, August 26, August 31, September 1, 
September 2, and September 3, 2006. The events are scheduled to 
conclude no later than 10 p.m. (local). However, if displays conclude 
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 U.S. Coast Guard Patrol Commander. The 
U.S. Coast Guard Patrol Commander may be contacted via VHF-FM Channel 
16.
    (d) 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 can be comprised of 
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. The Coast Guard may be assisted 
by other Federal, state, or local agencies.

    Dated: June 26, 2006.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. E6-10999 Filed 7-12-06; 8:45 am]
BILLING CODE 4910-15-P