[Federal Register Volume 71, Number 185 (Monday, September 25, 2006)]
[Proposed Rules]
[Pages 55755-55757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8134]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 06-036]
RIN 1625-AA00


Safety Zone; Red Bull Air Show Practice, San Francisco Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a safety zone to be used to keep 
spectator vessels out of the path and away from the area directly below 
participating aircraft during the fleet week air show practice in order 
to ensure the safety of event participants and spectators.

DATES: Comments and related material must reach the Coast Guard on or 
before October 10, 2006.

ADDRESSES: You may mail comments and related material to the Waterways 
Safety Branch, U.S. Coast Guard Sector San Francisco, 1 Yerba Buena 
Island, San Francisco, California 94130. The Waterways Safety Branch 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the Waterways 
Safety Branch between 9 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Erin Bastick, U.S. Coast Guard 
Sector San Francisco, at (415) 556-2950 or Sector San Francisco 24 hour 
Command Center at (415) 399-3547.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (COTP San 
Francisco Bay 06-036), indicate the specific section of this document 
to which each comment applies, and give the reason for each comment. 
Please submit all comments and related material in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may

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change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Waterways Safety Branch at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a separate notice in the Federal Register.

Background and Purpose

    On October 1, 1993, the Coast Guard published a final rule (58 FR 
51242) modifying the regulations in 33 CFR 100.1105, that establish 
regulated areas to ensure the safe execution of the San Francisco Bay 
Navy Fleet Week Parade of Ships and Air Show Demonstration. The U.S. 
Navy and City of San Francisco are sponsoring the Annual Fleet Week 
Parade of Navy Ships and Air Show Demonstration to be held October 5 
thru October 8, 2006. The Red Bull practice will be held on October 4, 
2006 from 10 a.m. through 2 p.m., in order to allow sufficient time to 
practice prior to the scheduled Fleet Week Air Show Demonstration.
    Due to the safety concerns associated with the air show practice 
demonstration, this safety zone is necessary to provide for the safety 
of event participants, spectator craft, and other vessels transiting 
the event area.

Discussion of Proposed Rule

    The safety zone will include all navigable waters, from the surface 
to the seafloor, encompassed by connecting the following points to form 
an approximate square security zone, beginning at 37[deg]48'29.50'' N, 
122[deg]26'34.08'' W, thence 37[deg] 48'29.32'' N, 122[deg]26'28.65'' 
W, thence 37[deg]48'24.95'' N, 122[deg]26'25.25'' W, thence 
37[deg]48'31.24'' N, 122[deg]25'38.66'' W, thence 37[deg]48'37.96'' N, 
122[deg]25'33.80'' W, thence 37[deg]48'40.70'' N, 122[deg]25'24.74'' W, 
thence 37[deg]48'51.90'' N, 122[deg]25'24.79'' W, lastly to 
37[deg]48'49.14'' N, 122[deg]26'34.08'' W.
    No person or vessel may enter or remain within the safety zone 
unless authorized by the Captain of the Port (COTP), Sector San 
Francisco, or his designated representative. The Coast Guard may be 
assisted by other Federal, State, or local law enforcement agencies in 
enforcing this safety zone.
    Because this safety zone will be in effect for a limited period, it 
should not result in a significant disruption to maritime traffic. 
Additionally, the maritime community will be provided advance 
notification of these events via public broadcast notice to mariners.

Regulatory Evaluation

    This proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    Although this safety zone restricts access to a portion of the 
navigable waters, the effect of this zone will not be significant 
because: (i) The zone encompasses only a small portion of the waterway; 
(ii) vessels are able to pass safely around the zone; and (iii) the 
practice is a short duration in time, lasting only 4 hours.
    The size of the zone is the minimum necessary to provide adequate 
protection for personnel or vessels during live fire training. The 
entities most likely to be affected are pleasure craft engaged in 
recreational activities and sightseeing and commercial fishing vessels.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 will not have a significant economic impact on a substantial 
number of small entities. Although this safety zone prevents traffic 
from transiting a portion of San Francisco Bay during the air show 
practice, the effect of this zone will not be significant because small 
vessels will be able to transit around the regulated area and the 
duration of the safety zone is limited to four hours in length. The 
entities most likely to be affected are pleasure craft engaged in 
recreational activities and sightseeing.
    Small entities and the maritime public will also be advised of this 
safety zone via public broadcast notice to mariners. In addition, 
vessels will be able to pass through the zone on a case-by-case basis. 
Therefore, the economic impact of this waterway closure is not expected 
to be significant.
    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 the Waterways Safety Branch at 
the address under ADDRESSES. The Coast Guard will not retaliate against 
small entities that question or complain about this rule or any policy 
or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental

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Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 
made a preliminary determination 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, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation.
    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.

    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

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Add Sec.  165.T11-144 to read as follows:


Sec.  165.T11-144  Safety Zone; Red Bull Air Show Practice, San 
Francisco Bay, CA.

    (a) Location. The safety zone will include all navigable waters, 
from the surface to the seafloor, encompassed by connecting the 
following points to from an approximate square security zone, beginning 
at 37[deg]48'29.50'' N, 122[deg]26'34.08'' W, thence 37[deg]48'29.32'' 
N, 122[deg]26'28.65'' W, thence 37[deg]48'24.95'' N, 122[deg]26'25.25'' 
W, thence 37[deg]48'31.24'' N, 122[deg]25'38.66'' W, thence 
37[deg]48'37.96'' N, 122[deg]25'33.80'' W, thence 37[deg]48'40.70'' N, 
122[deg]25'24.74'' W, thence 37[deg]48'51.90'' N, 122[deg]25'24.79'' W, 
lastly to 37[deg]48'49.14'' N, 122[deg]26'34.08'' W.
    (b) Definitions. As used in this section: (1) Designated 
representative means a commissioned, warrant, or petty officer of the 
Coast Guard who has been designated by the Captain of the Port (COTP), 
Coast Guard Sector San Francisco, or a Federal, State, and local 
officer designated by or assisting the COTP in the enforcement of the 
safety zone.
    (2) [Reserved]
    (c) Regulations. (1) Under the general regulations in Sec.  165.23, 
entry into, transiting, or anchoring within this safety zone is 
prohibited unless authorized by the COTP or his designated 
representative.
    (2) Vessel operators desiring to enter or operate within the safety 
zone may contact the COTP or his representative at telephone number 
415-399-3547 or on VHF-FM channel 16 (156.8 MHz). Vessel operators 
given permission to enter or operate in the safety zone must comply 
with all directions given to them by the COTP or his designated 
representative.
    (d) Enforcement and suspension of enforcement of certain safety 
zones. The COTP will provide notice of the enforcement of the safety 
zones listed in paragraph (a) of this section and notice of suspension 
of enforcement by the means appropriate to affect the widest publicity, 
including broadcast notice to mariners and publication in the local 
notice to mariners.
    (e) Effective period. This section is effective October 4, 2006 
from 10 a.m. through 2 p.m.

    Dated: September 8, 2006.
W. J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco, 
California.
[FR Doc. 06-8134 Filed 9-22-06; 8:45 am]
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