[Federal Register: July 13, 2006 (Volume 71, Number 134)]
[Rules and Regulations]
[Page 39565-39567]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy06-19]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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