[Federal Register: April 3, 2008 (Volume 73, Number 65)]
[Proposed Rules]
[Page 18222-18224]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap08-22]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0162]
RIN 1625-AA00
Safety Zone; Red Bull Air Race; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing a temporary safety zone
on the navigable waters of San Diego Bay, CA in support of the Red Bull
Air Race. The safety zone would be necessary to provide for the safety
of the crew, spectators, participants in the event, participating
vessels and other vessels and users of the waterway. Persons and
vessels would be 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: Comments and related material must reach the Coast Guard on or
before April 11, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0162 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Petty Officer Adam Proctor, Waterways Management Division,
U.S. Coast Guard Sector San Diego, CA, at telephone (619) 278-7277. If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
[[Page 18223]]
rulemaking (USCG-2008-0162), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2008-0162) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The Coast Guard would be establishing a safety zone on the
navigable waters of San Diego Bay in support of the Red Bull Air Races.
This temporary safety zone is necessary to provide for the safety of
the crews, spectators, and participants of the race and is also
necessary to protect other vessels and users of the waterway.
Discussion of Proposed Rule
The Coast Guard proposes to establish a safety zone that would be
enforced from 8 a.m. through 7 p.m. from April 29th, 2008 through May
4th, 2008. This safety zone is necessary to provide for the safety of
the crews, spectators, and participants of the Red Bull Air Race and to
protect other vessels and users of the waterway. Persons and vessels
will be prohibited from entering into, transiting through, or anchoring
within this safety zone unless authorized by the Captain of the Port,
or his designated representative. The limits of this temporary safety
zone include all areas within a box that extends to the following
coordinates: 32[deg]42'41.00'' N, 117[deg]10'33.06'' W;
32[deg]42'26.40'' N, 117[deg]10'55.69'' W; 32[deg]41'57.22'' N,
117[deg] 9'33.05'' W; and 32[deg]41'45.04'' N, 117[deg] 9'54.28'' W.
Coast Guard personnel will enforce this safety zone. The Coast Guard
may be assisted by other Federal, State, or local agencies, 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 proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
The safety zone is of a limited duration, only eleven hours per day
for a period of four days, and is limited to a relatively small
geographic area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
(1) The propsed 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 the safety zone in San
Diego Bay, San Diego, CA, from 8 a.m. to 7 p.m. on April 29th, 2008
through May 4th, 2008.
(2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons.
This rule only encompasses only a portion of the waterway, there will
be chances for boating traffic to pass through the safety zone and the
Captain of the Port may authorize entry into the zone, if necessary.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Petty Officer Adam Proctor,
Waterways Management Division, U.S. Coast Guard Sector San Diego at
telephone (619) 278-7277. 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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
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
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; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
2. Add new Sec. 165.T11-015 to read as follows:
Sec. 165.T11-015 Safety Zone; Red Bull Air Race, San Diego Bay, San
Diego, CA
(a) Location. The limits of this temporary safety zone would
include all areas within a box that extends to the following
coordinates: 32[deg]42'41.00'' N, 117[deg]10'33.06'' W;
32[deg]42'26.40'' N, 117[deg]10'55.69'' W; 32[deg]41'57.22'' N,
117[deg]9'33.05'' W; and 32[deg]41'45.04'' N, 117[deg]9'54.28'' W.
(b) Effective Period. This section would be effective from 8 a.m.
through 7 p.m. from April 29th, 2008 through May 5th, 2008. If the need
for the safety zone ends before the scheduled termination time, the
Captain of the Port will cease enforcement of this safety zone.
(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 would be 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 Patrol Commander (PATCOM). The Patrol
Commander may be contacted on VHF-FM Channel 16.
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 the 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: March 5, 2008.
D.L. LeBlanc,
Commander, U.S. Coast Guard, Acting Captain of the Port, San Diego.
[FR Doc. E8-6892 Filed 4-2-08; 8:45 am]
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