[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Rules and Regulations]
[Page 35928-35930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn08-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0449]
RIN 1625-AA00
Safety Zone; Paradise Point Resort 4th of July Display; Mission
Bay, San Diego, CA.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Mission Bay in support of the Paradise Point Resort
4th of July Display. 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 8:30 p.m. until 10 p.m. on July 3,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0449 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, pursuant to 33 U.S.C. 1225, a
temporary safety zone in support of the Paradise Point Resort 4th of
July Display, near the navigation channel of Mission Bay off of
Paradise Point. The safety zone is comprised of a 450 foot radius
located around an 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 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. This safety zone will be effective
from 8:30 p.m. until 10 p.m. on July 3, 2008. This temporary safety
zone is necessary to ensure the safety of participants and spectators
of the Paradise Point Resort 4th of July Display. The duration of the
display is expected to be approximately 15-20 minutes. The event
involves one anchored barge, which will be used as a platform for
launching of fireworks. The limits of this temporary safety zone
include all areas within a 450 feet radius of the firing barge's
location. The barge will be located approximately 450 feet southwest of
Paradise Point in Mission Bay. This temporary safety zone is necessary
to provide for the safety of the crews, spectators, participants of the
[[Page 35929]]
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 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 safety zone's short duration of one and a half
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 entities: The owners or operators of vessels intending to transit
or anchor in a portion of Mission Bay from 8:30 p.m. to 10 p.m. on July
3, 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
[[Page 35930]]
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. 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.
0
2. Add Sec. 165.T11-044 to read as follows:
Sec. 165.T11-044 Safety Zone; the Paradise Point Resort 4th of July
Display; Mission Bay, CA.
(a) Location. The limits of the temporary safety zones include all
areas within an 450 feet radius located around an anchored barge. The
barge will be anchored approximately 450 feet southwest of Paradise
Point in Mission Bay.
(b) Effective Period. This safety zone will be in effect from 8:30
p.m. until 10 p.m. on July 3, 2008. If the display concludes prior to
the scheduled termination time, the Captain of the Port or his
designated representative 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 10, 2008.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. E8-14364 Filed 6-24-08; 8:45 am]
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