[Federal Register: October 3, 2003 (Volume 68, Number 192)]
[Rules and Regulations]               
[Page 57366-57368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc03-17]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Diego 03-030]
RIN 1625-AA00

 
Safety Zone; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones, a 
stationary safety zone and a moving safety zone, on the navigable 
waters of San Diego Bay in support of the Fleet Week Sea and Air 
Parade. These temporary safety zones are 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 these safety zones unless authorized by 
the Captain of the Port, or his designated representative.

DATES: This rule is effective from 11:30 a.m. (PDT) on October 4, 2003, 
to 3 p.m. (PDT) on October 4, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP San Diego 03-030] and are available 
for inspection or copying at U.S. Coast Guard, Marine Safety Office San 
Diego, 2716 North Harbor Drive, San Diego, CA 92101-1064, between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer Austin Murai, USCG, c/o 
U.S. Coast Guard Captain of the Port, telephone (619) 683-6495.

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. In keeping with the 
requirements of 5 U.S.C. 553(d)(3), the Coast Guard also finds that 
good cause exists for making this regulation effective less than 30 
days after publication in the Federal Register. The precise location of 
the event necessitating promulgation of this safety zone and other 
logistical details surrounding the event were not finalized until a 
date fewer than 30 days prior to the event. Delaying the effective date 
of this rule would be contrary to the public interest because doing 
such would prevent the Coast Guard from maintaining the safety of the 
participants of the event and users of the waterway.

Background and Purpose

    The San Diego Fleet Week Foundation is sponsoring the 2003 Fleet 
Week Sea and Air Parade. The Sea and Air Parade is a classic naval 
review consisting of Navy vessels of various classes, some of which are 
restricted in their maneuverability. The naval review will transit 
through San Diego Bay. These temporary safety zones are necessary to 
provide for the safety of the crews, spectators, and participants of 
the Fleet Week Sea and Air Parade and are also necessary to protect 
other vessels and users of the waterway.

Discussion of Rule

    This rule creates a stationary safety zone and a moving safety 
zone. The limits of the stationary safety zone will extend south from 
the southern shoreline on Harbor Island to the southern most limits of 
the navigational channel. On the west side the boundary will be a line 
of longitude equal to 117-12-48 W and on the east side the boundary 
will be a line of longitude equal to 117-12-00 W.
    The limits of the moving safety zone are as follows: 1000 yards 
forward, 200 yards on either side, and 700 yards behind the Fleet Week 
parade participants while transiting through San Diego Bay.
    The two safety zones will be enforced from 11:30 a.m. (PDT) to 3 
p.m. (PDT) on October 4, 2003. These safety zones are necessary to 
provide for the safety of the crews, spectators, and participants of 
the Fleet Week Sea and Air Parade and to protect other vessels and 
users of the waterway. Persons and vessels will be prohibited from 
entering into, transiting through, or anchoring within these safety 
zones unless authorized by the U.S. Coast Guard Patrol Commander, or 
his designated representative from Activities San Diego.

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). We expect the economic impact of this rule to be 
minimal because of its limited duration of three and a half (3\1/2\) 
hours and the limited geographic scope of the safety zones.

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.

[[Page 57367]]

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 and operators of vessels intending to 
transit or anchor in the portion of San Diego Bay south of Harbor 
Island. However, these safety zones will not have a significant 
economic impact on a substantial number of small entities because these 
zones are limited in scope and duration. In addition, the Coast Guard 
will publish local notice to mariners (LNM) and will issue broadcast 
notice to mariners (BNM) alerts via VHF-FM marine channel 16 before the 
safety zone is enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 your 
small business or organization is affected by this rule and you have 
questions concerning its provisions or options for compliance, please 
contact Lieutenant Commander Rick Sorrell, U.S. Coast Guard Marine 
Safety Office San Diego at (619) 683-6495.
    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 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.

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 creating 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, 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191; 33 CFR 1.05-1(g), 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 a new Sec.  165.T11-048 to read as follows:


Sec.  165.T11-048  Safety Zone; San Diego Bay, CA.

    (a) Location. The following areas are safety zones:
    (1) Stationary safety zone. The limits of the stationary safety 
zone extend from the shoreline on Harbor Island South to the southern 
most limits of the navigational channel. On the west side the boundary 
is a line of longitude 117[deg]12'48'' W and on the east side the 
boundary is a line of longitude 117[deg]12'00'' W.
    (2) Moving safety zone. The limits of the moving safety zone are as 
follows:

[[Page 57368]]

1000 yards forward, 200 yards on either side, and 700 yards behind the 
Fleet Week parade participants transiting through San Diego Bay.
    (b) Effective period. These safety zones will be in effect from 
11:30 a.m. (PDT) until 3 p.m. (PDT) on October 4, 2003. If the event 
concludes prior tothe 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. (1) ''Official Patrol Vessels'' consist of any 
Coast Guard, other Federal, state or local law enforcement, and any 
public or sponsor-provided vessels assigned or approved by the Captain 
of the Port San Diego, to patrol this event.
    (2) In accordance with the general regulations in Sec.  165.23 of 
this part, entering into, transiting through, or anchoring within these 
safety zones is prohibited, unless authorized by the Captain of the 
Port, or his designated representative such as a Patrol Commander. 
Mariners requesting permission to transit through a safety zone may 
request authorization to do so from the Captain of the Port, Patrol 
Commander, or other designated representative from Activities San 
Diego, who may be contacted via VHF-FM Channel 16.
    (3) Each person in a safety zone who receives notice of a lawful 
order or direction issued by an official patrol vessel shall obey the 
order or direction.
    (4) The Patrol Commander is empowered to prohibit entry into and 
control the movement of all vessels in the regulated area. The Patrol 
Commander shall be designated by the Captain of the Port San Diego; 
will be a U.S. Coast Guard commissioned officer, warrant officer or 
petty officer to act as the Captain of the Port's official 
representative; and will be located aboard the lead official patrol 
vessel.
    (5) The Patrol Commander may, upon request, allow the transit of 
vessels through the safety zones when it is safe to do so.

    Dated: September 24, 2003.
Stephen P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 03-25045 Filed 10-2-03; 8:45 am]

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