[Federal Register: July 17, 2003 (Volume 68, Number 137)]
[Rules and Regulations]
[Page 42287-42289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy03-15]
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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.
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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]
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