[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Rules and Regulations]
[Pages 42526-42529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16674]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0215]
RIN 1625-AA00


Safety Zones: Festival of Sail San Francisco, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish temporary safety zones in 
support of the scheduled Festival of Sail Events from July 23, 2008, 
through July 27, 2008. The safety zones will include a parade and two 
mock cannon battles referred to as location ``alpha'' and location 
``bravo''. The temporary safety zones are necessary to provide for the 
safety of spectators, participating vessels and crews.

DATES: This rule is effective for the Festival of Sail--Parade of Ships 
from 11:59 a.m. through 4 p.m. on July 23, 2008; for the mock cannon 
battle location ``alpha'' from 2 p.m. through 4:30 p.m. on July 25, 
2008, and July 26, 2008; and for the mock cannon battle location 
``bravo'' from 2 p.m. through

[[Page 42527]]

4:30 p.m. on July 24, 2008, and July 27, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0215 and are available online at http://www.regulations.gov. This material is also available for inspection or 
copying at 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 Coast Guard 
Sector San Francisco, 1 Yerba Buena Island, San Francisco, California, 
94130 between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Lieutenant Junior Grade Sheral Richardson, U.S. 
Coast Guard Sector San Francisco, at (415) 399-7436. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 13, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zones: Festival of Sail San Francisco, San 
Francisco, CA'' in the Federal Register (73 FR 115). We received no 
letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The American Sail Training Association, in coordination with the 
local sponsor, Festival of Sail San Francisco, is sponsoring the 2008 
Festival of Sail Event. This event is a part of the Tall Ships[supreg] 
Challenge race series transiting the Pacific Ocean along the west coast 
of North America. Between the races, the participating vessels will 
visit several ports, including San Francisco. Vessels will be docked 
along the waterfront offering the public the opportunity to tour 
vessels, sail and learn. There are many activities on the water 
scheduled to take place; such as mock cannon battles and the parade. 
Safety zones will be established along with the issuance of marine 
event permits for this event. The temporary safety zones are necessary 
to provide for the safety of the crews, spectators, and participants of 
the Festival of Sail and are also necessary to protect other vessels 
and users of waterway.

Discussion of Comments and Changes

    No comments were received about the event taking place. This 
document reflects the information published in the original NPRM.

Discussion of Rule

    The Coast Guard will establish a moving safety zone extending 100 
yards around each vessel participating in the Festival of Sail--Parade 
of Ships as each vessel transits through San Francisco Bay. The safety 
zones surrounding the participant vessels will be enforced on July 23, 
2008. The parade route is as follows, it will commence at the Golden 
Gate Bridge, extend east to Alcatraz Island and then south to Pier 40, 
and will be bounded by a line connecting the following points: 
37[deg]48'40'' N and 122[deg]28'38'' W, 37[deg]49'10'' N and 
122[deg]28'41'' W, 37[deg]49'31'' N and 122[deg]25'18'' W, 
37[deg]49'06'' N and 122[deg]24'08'' W, 37[deg]47'53'' N and 
122[deg]22'42'' W, 37[deg]46'54'' N, 122[deg]23'09'' W.
    The Coast Guard will establish a temporary safety zone for the mock 
cannon battles taking place west of Alcatraz Island. This location will 
be called location ``alpha''. The safety zone will be bounded by a line 
connecting the following points: 37[deg]49'18'' N and 122[deg]25'40'' 
W, 37[deg]49'24'' N and 122[deg]25'18'' W, 37[deg]49'45'' N and 
122[deg]25'42'' W, and lastly 37[deg]49'37'' N and 122[deg]26'05'' W; 
and will include all navigable waters from the surface to the seafloor. 
This safety zone will be in effect on July 25, 2008, and July 26, 2008.
    The Coast Guard will establish a temporary safety zone for the mock 
cannon battles taking place west of Treasure Island in Anchorage 7. 
This location will be called location ``bravo''. The safety zone will 
be bounded by a line connecting the following points: 37[deg]48'55'' N 
and 122[deg]23'03'' W, 37[deg]49'07'' N and 122[deg]22'32'' W, 
37[deg]49'28'' N and 122[deg]22'53'' W and lastly 37[deg]49'18'' N and 
122[deg]23'28'' W; and will include all navigable waters from the 
surface to the seafloor. This safety zone will be in effect on July 24, 
2008, and July 27, 2008.
    These safety zones are necessary to provide for the safety of the 
crews, spectators, and participants of the Festival of Sail. Persons 
and vessels would be 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 Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.

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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.

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

[[Page 42528]]

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 proposed 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 made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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 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. 1226, 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.

0
2. Add temporary Sec.  165.T11-025 to read as follows:


Sec.  165.T11-025  Safety Zones; Festival of Sail, San Francisco, CA.

    (a) Location. These temporary safety zones are established for the 
Festival of Sail Events taking place in the following locations:
    (1) For the Festival of Sail--Parade of Ships the moving safety 
zone extends 100 yards around each vessel participating in the Parade 
of Ships as each vessel transits through San Francisco Bay to its 
respective mooring site.
    (2) For the mock cannon battles, the safety zone for location 
``alpha'' will take place west of Alcatraz Island. The safety zone will 
be bounded by a line connecting the following points: 37[deg]49'18'' N 
and 122[deg]25'40'' W, 37[deg]49'24'' N and 122[deg]25'18'' W, 
37[deg]49'45'' N and 122[deg]25'42'' W, and lastly 37[deg]49'37'' N and 
122[deg]26'05'' W; and will include all navigable waters from the 
surface to the seafloor.
    (3) For the mock cannon battles, the safety zone for location 
``bravo'' will take place west of Treasure Island in Anchorage 7. The 
safety zone will be bounded by a line connecting the following points: 
37[deg]48'55'' N and 122[deg]23'03'' W, 37[deg]49'07'' N and 
122[deg]22'32'' W, 37[deg]49'28'' N and 122[deg]22'53'' W and lastly 
37[deg]49'18'' N and 122[deg]23'28'' W; and will include all navigable 
waters from the surface to the seafloor.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port San Francisco (COTP) in the enforcement of the 
safety zones.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23, 
entry into, transiting, or anchoring within these safety zones is 
prohibited unless authorized by the COTP or the COTP's designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or the COTP's designated representative. Persons and 
vessels may request permission to enter the safety zone on VHF-16 or 
the 24-

[[Page 42529]]

hour Command Center via telephone at (415) 399-3547.
    (d) Effective period. This section is effective for the Festival of 
Sail-Parade of Ships from 11:59 a.m. through 4 p.m. on July 23, 2008; 
for the mock cannon battle location ``alpha'' from 2 p.m. through 4:30 
p.m. on July 25, 2008, and July 26, 2008; and for the mock cannon 
battle location ``bravo'' from 2 p.m. through 4:30 p.m. on July 24, 
2008, and July 27, 2008.

    Dated: July 9, 2008.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
 [FR Doc. E8-16674 Filed 7-22-08; 8:45 am]
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