[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35937-35939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14353]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0164]
RIN 1625-AA00


Safety Zones; Big Bay July 4th Fireworks Show; San Diego Bay, San 
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing four (4) temporary safety 
zones on the navigable waters of San Diego Bay in support of the North 
San Diego Bay July 4th Fireworks Show. These 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 p.m. until 10 p.m. on July 4, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0164 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and at Coast 
Guard Sector San Diego, 2710 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 Kristen Beer, Waterways 
Management, U.S. Coast Guard Sector San Diego, CA at telephone (619) 
278-7233.

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 an 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 also finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. 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.

Background and Purpose

    The Coast Guard is establishing four (4) 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

    The Coast Guard establishes this temporary rule, pursuant to 33 
U.S.C. 1225, to provide for the safety of the participants, spectators 
and other users of the waterways. These safety zones will be effective 
from 8 p.m. to 10 p.m. on July 4, 2008. These four temporary safety 
zones are necessary to ensure the safety of participants and spectators 
of the North San Diego Bay July 4th Fireworks Show. The duration of the 
show is expected to be approximately 20-25 minutes. The event involves 
four (4) anchored barges, which will be used as platforms for the 
launching of fireworks.
    The limits of the temporary safety zones include all areas within a 
1200 foot radius around the firing locations at the following points: 
32-42.83' N, 117-13.20' W (in vicinity of Shelter Island), 32-43.33' N, 
117-12.00' W (in vicinity of Harbor Island), 32-43.00' N, 117-10.80' W 
(in vicinity of North Embarcadero), and 32-43.23' N, 117-10.05' W (in 
vicinity of Seaport Village/Coronado Landing).
    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.
    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. Sec.  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 the penalties set forth in 33 U.S.C. 1232.

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.
    Due to the temporary rule's short duration of two hours, its 
limited scope of implementation, and because vessels will have an 
opportunity to request authorization to transit through the zone or the 
vessels may safely travel around the zone, 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 the 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.
    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 small 
entities.
    This rule will affect the following entities, some of which may be 
small

[[Page 35938]]

entities: The owners or operators of vessels intending to transit or 
anchor in a portion of North San Diego Bay from 8 p.m. to 10 p.m. on 
July 4, 2008.
    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, 
vessels may safely travel around the safety zone, and the Captain of 
the Port may authorize entry into the zone, if necessary.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer 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 Petty Officer Kristen Beer, U.S. Coast Guard Sector San Diego 
at (619) 278-7233.
    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). 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 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 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.

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, 
under the Instruction, 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'' are 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, and 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, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


[[Page 35939]]



0
2. Add Sec.  165.T11-042 to read as follows:


Sec.  165.T11-042  Safety Zone: Big Bay July 4th Fireworks Show; San 
Diego Bay, San Diego, CA.

    (a) Location. The limits of the temporary safety zones include all 
areas within a 1200 foot radius around the firing locations at the 
following points: 32-42.83' N, 117-13.20' W (in vicinity of Shelter 
Island), 32-43.33' N, 117-12.00' W (in vicinity of Harbor Island), 32-
43.00' N, 117-10.80' W (in vicinity of North Embarcadero), and 32-
43.23' N, 117-10.05' W (in vicinity of Seaport Village/Coronado 
Landing).
    (b) Effective Period. This safety zone will be in effect from 8 
p.m. until 10 p.m. on July 4, 2008. 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 designated representative. The 
designated representative 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 10, 2008.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E8-14353 Filed 6-24-08; 8:45 am]
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