![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Safety Zone; San Francisco Bay, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 21, 2002 (Volume 67, Number 162)]
[Rules and Regulations]
[Page 54106-54108]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au02-9]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Francisco 02-017]
RIN 2115-AA97
Safety Zone; San Francisco Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing moving safety zones extending
one-hundred (100) yards around each vessel participating in the Parade
of Ships-Festival of Sail as each vessel transits through San Francisco
Bay to its respective mooring site on August 28, 2002. 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 12 [PDT]
to 4:30 [PDT]
on August 28,
2002.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP San Francisco 02-017]
and are
available for inspection or copying at U.S. Coast Guard Marine Safety
Office San Francisco Bay, Coast Guard Island, Building 14, Alameda, CA
94501-5100, between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Diana Cranston, Chief,
Waterways Management Branch, 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. Final approval and permitting
of this event were not issued in time to engage in notice and comment
rulemaking. Moreover, through various meetings and correspondence, the
Coast Guard has attempted to involve other agencies in the planning
process of the Parade of Ships-Festival of Sail. The public will also
be reminded about this event through Broadcast Notice to Mariners (BNM)
announcements and Local Notice to Mariner (LNM) publications. Moreover,
the event will have minimal impact on the public since it is of a short
duration, four and one-half (4.5) hours, and will take place during
non-commute hours from 12 p.m. until 4:30 p.m.
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. 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 American Sail Training Association, in coordination with local
sponsors like ``Sail San Francisco'', is sponsoring the 2002 Tall Ships
Challenge race series transiting the Pacific Ocean along the west coast
of North America. Between the races, the participating vessels will
visit several ports including San Francisco Bay. These temporary safety
zones are established in support of the Parade of Ships-Festival of
Sail, a marine event that includes participating vessels transiting
through San Francisco Bay and, upon completion of the parade, mooring
in San Francisco Bay, giving spectators an opportunity to tour the
participating vessels. These temporary safety zones are necessary to
provide for the safety of the crews, spectators, and participants of
the Parade of Ships-Festival of Sail and are also necessary to protect
other vessels and users of waterway.
Discussion of Rule
The Coast Guard establishes moving safety zones extending one-
hundred (100) yards around each vessel participating in the Parade of
Ships-Festival of Sail as each vessel transits through San Francisco
Bay to its respective mooring site. Vessels participating in the event
will fly a black-and-yellow pennant indicating their official
association with the Parade of Ships-Festival of Sail. The safety zones
surrounding the participant vessels will be enforced from 12 p.m. to
4:30 p.m. on August 28, 2002. The safety zones are necessary to provide
for the safety of the crews, spectators, and participants of the Parade
of Ships-Festival of Sail and to protect other vessels and users of the
waterways. Persons and vessels would be prohibited from entering into,
transiting through, or anchoring within these safety zones 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 Transportation
(DOT) (44 FR 11040, February 26, 1979).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary because of its limited
duration of four and one-half (4.5) 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. 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
would not have a significant economic impact on a substantial number of
small entities.
These safety zones would not have a significant economic impact on
a substantial number of small entities because these zones are limited
in scope and duration (in effect for only four and one-half (4.5) hours
on August 28, 2002). In addition, the Coast Guard will issue broadcast
notice to mariners alerts via VHF-FM marine channel 16 before the
safety zone is enforced.
Assistance for Small Entities
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
[[Page 54108]]
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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This 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 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 would not create an
environmental risk to health or risk to safety that might
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 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 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 considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation because we are proposing to establish a
safety zone. A ``Categorical Exclusion 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, Waterways.
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
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; 49 CFR 1.46.
2. Add a new Sec. 165.T11-089 to read as follows:
Sec. 165.T11-089 Safety Zone; San Francisco Bay, CA.
(a) Location. Temporary moving safety zones are established as a
one-hundred (100) yard radius around each vessel participating in the
Parade of Ships-Festival of Sail as each vessel transits through San
Francisco Bay to its respective mooring site. The vessels participating
in this event will be distinguished by their flying a black and yellow
pennant.
(b) Effective period. This section is effective from 12:00 p.m.
until 4:30 p.m. on August 28, 2002.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through or anchoring
within these safety zones is prohibited unless authorized by the Coast
Guard Captain of the Port, San Francisco, or his designated
representative.
Dated: August 12, 2002.
L. L. Hereth,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay,
California.
[FR Doc. 02-21297 Filed 8-20-02; 8:45 am]
BILLING CODE 4910-15-P