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Safety Zone; Mission Bay, San Diego, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 31, 2002 (Volume 67, Number 211)]
[Rules and Regulations]
[Page 66333-66335]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc02-8]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Diego 02-022]
RIN 2115-AA97
Safety Zone; Mission Bay, San Diego, CA
AGENCY: Coast Guard, DOT.
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 San Diego, CA, in support of the San
Diego Fall Classic, a marine event consisting of 120 rowing shells
racing on a marked course. This temporary safety zone is necessary to
provide for
[[Page 66334]]
the safety of the participants, crew, spectators, 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 6 a.m. (PST) to 12 p.m. (PST) on
November 10, 2002.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [COTP San Diego 02-022]
and are
available for inspection or copying at 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, at (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 a NPRM. Final approval and permitting
of this event were not issued in time to engage in full notice and
comment rulemaking. Publishing a 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 finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. In addition to the reasons stated
above, 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 San Diego Rowing Club is sponsoring the San Diego Fall Classic,
which is held in Mission Bay, San Diego, CA. This temporary safety zone
is necessary to provide for the safety of the crews, spectators, and
participants of the San Diego Fall Classic and is also necessary to
protect other vessels and users of the waterway.
Discussion of Rule
This event begins at the south end of Fiesta Island, proceeds north
to Radar Island, south to Vacation Island, and proceeds north to El
Carmel Point. The safety zone consists of the navigable waters
extending 50 yards to either side of the course line, defined more
specifically as follows: Starting at a point 32[deg]46'00'' N,
117[deg]13'00'' W, then northwest to 32[deg]46'10'' N, 117[deg]13'45''
W, then north to 32[deg]47'00'' N, 117[deg]13'30'' W, then south to
32[deg]46'15'' N, 117[deg]14'00'' W, then northwest to 32[deg]46'48''
N, 117[deg]14'40'' W. All coordinates are North American Datum 1983.
The Coast Guard proposes to establish one (1) safety zone that will
be enforced from 6 a.m. (PST) to 12 p.m. (PST) on November 10, 2002.
This safety zone is necessary to provide for the safety of the crews,
spectators, and participants of the San Diego Fall Classic 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.
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, l979). We expect the economic impact of
this rule to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary because of its limited duration of six (6) hours and the
limited geographic scope of the safety zone.
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 safety zone would not have a significant economic impact
on a substantial number of small entities because this safety zone is
limited in scope and duration (in effect for only six (6) hours on
November 10, 2002). In addition the Coast Guard will publish local
notice to mariners (LNM) 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 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.
[[Page 66335]]
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. 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 for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
PART 165--[AMENDED]
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
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 new Sec. 165.T11-034 to read as follows:
Sec. 165.T11-034 Safety Zone; Mission Bay, San Diego, CA.
(a) Location. The safety zone consists of the navigable waters
extending 50 yards to either side of the course line, defined more
specifically as follows: Starting at a point 32[deg]46'00'' N,
117[deg]13'00'' W, then northwest to 32[deg]46'10'' N, 117[deg]13'45''
W, then north to 32[deg]47'00'' N, 117[deg]13'30'' W, then south to
32[deg]46'15'' N, 117[deg]14'00'' W, then northwest to 32[deg]46'48''
N, 117[deg]14'40'' W. All coordinates are North American Datum 1983.
(b) Effective dates. This safety zone will be in effect from 6 a.m.
(PST) to 12 p.m. (PST) on November 10, 2002. 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 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 Patrol Commander (PATCOM). The Patrol
Commander may be contacted via VHF-FM Channel 16.
Dated: October 4, 2002.
S. P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 02-27666 Filed 10-30-02; 8:45 am]
BILLING CODE 4910-15-P