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Safety Zone: San Diego Bay, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 24, 2003 (Volume 68, Number 16)]
[Rules and Regulations]
[Page 3395-3397]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja03-10]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Diego 03-005]
RIN 2115-AA97
Safety Zone: San Diego Bay, 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 San Diego Bay in support of the Gatorade January
24th Fireworks Show. This temporary safety zone is necessary to provide
for the safety of the crews, spectators, participants of the event,
participating vessels, other vessels, and users of the
[[Page 3396]]
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 8:45 p.m. to 9:45 p.m. (PST) on
January 24, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP San Diego 03-005]
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, 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. 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
Gatorade is sponsoring a fireworks show in San Diego Bay, CA on
January 24, 2003. The fireworks show will be part of the weeklong Super
Bowl XXXVII event known locally as the NFL Experience. The fireworks
event involves one (1) barge, to be used as a platform for the
launching of fireworks. This barge will be loaded with fireworks and
thus contain a large amount of explosives. In order to establish a
buffer around this hazardous situation, this rule will establish a
safety zone around the barge. This temporary safety zone is necessary
to provide for the safety of the crews, spectators, and participants of
the Gatorade January 24th Fireworks Show. The proposed temporary safety
zones are also necessary to protect other vessels and users of the
waterway.
Discussion of Rule
This safety zone is necessary for the Gatorade January 24th
Fireworks Show, which will take place on January 24, 2003 starting at
8:45 p.m. (PST) and ending at 9:45 p.m. (PST). The event involves one
(1) barge, to be used as a platform for the launching of fireworks.
The temporary safety zone includes the area 120 yards around the
fireworks barge anchored off of Southwest Marine Shipyard. The exact
coordinates can be found in the regulatory text. This temporary zone
will establish a safety buffer around the fireworks barge, which is
necessary to provide for the safety of all involved in the event and
other 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.
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).
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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed safety zone would not have a
significant economic impact on a substantial number of small entities
because this zone is limited in scope and duration (in effect for only
one (1) hour on January 24, 2003). Vessel traffic will still be able to
pass around the zone. The Coast Guard will also issue broadcast notice
to mariner alerts via VHF-FM marine channel 16 before the safety zone
is enforced.
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 Austin Murai,
Marine Safety Office San Diego at (619) 683-6495.
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
[[Page 3397]]
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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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 proposed 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 establishing 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 is
amending 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, 160.5; 49 CFR 1.46.
2. Add new Sec. 165.T11-043 to read as follows:
Sec. 165.T11-043 Safety Zone; San Diego Bay, CA.
(a) Location. The temporary safety zone includes the area extending
120 yards around a point at 32[deg]
41'08''N, 117[deg]
08'51''W. All
coordinates are North American Datum 1983.
(b) Effective period. This section will be enforced from 8:45 p.m.
(PST) to 9:45 p.m. (PST) on January 24, 2003. If the event concludes
prior to the 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. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this safety 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. The Patrol Commander
may be contacted via VHF-FM Channel 16.
Dated: January 15, 2003.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 03-1597 Filed 1-23-03; 8:45 am]
BILLING CODE 4910-15-P