[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Rules and Regulations]
[Pages 51780-51781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26334]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Diego, CA; 97-004]
RIN 2115-AA97
Safety Zone: San Diego Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a moving safety zone
encompassing all navigable waters within 75 yards on all sides of the
dredge FLORIDA while the FLORIDA is in the waters of San Diego Bay,
California. This regulation is needed to restrict vessel traffic in the
regulated area so as to prevent collisions, grounding or other
navigational mishaps during the San Diego Channel project. Entry into,
transit through, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port San Diego, CA, or a
designated representative thereof.
DATES: This interim rule is effective from 6 a.m. PDT on September 9,
1997 until 11:59 p.m. PDT on December 15, 1997. Comments on this
interim rule must be received on or before November 3, 1997.
ADDRESSES: Comments should be mailed to Commanding Officer, Coast Guard
Marine Safety Office, 2716 N. Harbor Dr., San Diego, CA 92101. Comments
received will be available for inspection and copying within the Port
Safety Division at Marine Safety Office San Diego. Normal office hours
are 7 a.m. to 4 p.m., PDT, Monday through Friday, except federal
holidays.
The Marine Safety Office maintains the public docket for this
rulemaking. Comments, and any documents referenced in this preamble,
will become part of this docket and will be available for inspection
and copying at the Marine Safety Office between 7 a.m. PDT and 4 p.m.
PDT, Monday through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Mike Arguelles, Chief, Port Safety and Security Division,
Marine Safety Office San Diego, 2716 N. Harbor Dr., San Diego, CA
92101; (619) 683-6484.
SUPPLEMENTARY INFORMATION:
Request for Comments
Although this regulation is published as an interim rule without
prior notice, an opportunity for public comment is nevertheless
desirable to ensure the regulation is both reasonable and workable.
Accordingly, the Coast Guard encourages interested persons to
participate in this rulemaking by submitting written data, views, or
arguments. Persons submitting comments should send them to the office
listed under ADDRESSES in this preamble. Those providing comments
should identify the docket number (COPT San Diego, CA; 97-004) for the
regulation, and the specific section of this document to which each
comment applies. Also include your name, address, and the reason(s) for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8.5 by 11 inches, suitable for
copying and electronic filing. Persons wishing acknowledgment of
receipt of comments should enclose a stamped, self-addressed postcard
or envelope.
The Coast Guard will consider all comments received during the
comment period. Based upon the comments received, the scope of the
regulation may be changed.
The Coast Guard plans no public meetings. Persons may request a
public meeting by writing to Marine Safety Office San Diego at the
address listed under ADDRESSES in this preamble. The request should
include the reasons why a hearing would be beneficial. If it determines
that the opportunity for oral presentations will aid this rulemaking,
the Coast Guard will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
Regulatory Information
In accordance with 5 U.S.C. 553, a Notice of Proposed Rulemaking
was not published for this regulation and good cause exists for making
it effective in
[[Page 51781]]
less than 30 days after Federal Register publication. Following normal
rulemaking procedures could not be done in a timely fashion because the
full parameters of the safety zone necessary to accommodate the
dredging for the San Diego Channel project were not known until a date
fewer than 30 days prior to the project start date. For these reasons,
the Coast Guard finds good cause, under 5 U.S.C. 553(b)(B) and (d)(3),
that notice, and public procedure on the notice, before the effective
date of this rule are unnecessary and that this rule should be made
effective in less than 30 days after publication.
Background and Purpose
Dredging for the San Diego Channel project officially begins on
September 9, 1997. This safety zone is necessary for safeguarding
recreational and commercial vessels from the dangers of the dredging
activities in the project area and to prevent interference with vessels
and barges engaged in these operations.
Discussion of Interim Rule
This rule creates a safety zone pursuant to the Ports & Waterways
Safety Act, 33 U.S.C. 1221 et seq. All persons and vessels are
prohibited from entering into, transmitting through or anchoring within
the safety zone unless authorized by the Captain of the San Diego, CA,
or a designated representative thereof.
Regulatory Evaluation
This interim rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget 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). The Coast Guard expects the
economic impact of this regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of the Department of Transportation is unnecessary. Only
minor delays to mariners are foreseen as vessel traffic can be easily
diverted around the area of the safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq), the
Coast Guard considers the economic impact on small entities of each
rule for which a general notice of proposed rulemaking is required.
Small entities include 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. This rule does not require a general notice of proposed
rulemaking and, therefore, is exempt from the requirements of the
Regulatory Flexibility Act. Although this rule is exempt, the Coast
Guard has reviewed it for potential economic impact on small entities
and determined that the rule is not expected to have a significant
economic impact on any entity regardless of its size.
Therefore, the Coast Guard believes that this rule will not have a
significant economic impact on any small entities. If, however, you
think that your business or organization qualifies as a small entity
and that this rule will have a significant economic impact on your
business or organization, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and in what way and to what
degree this rule will economically affect it.
Collection of Information
This interim rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).
Federalism
The Coast Guard has analyzed this interim rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this interim
rule and concluded that under paragraph 2.B.2 of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation. This regulation is expected to have no
significant effect on the environment.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons discussed in the preamble, the Coast Guard amends
subpart F of 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; and 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Section 165.T11-040 is added to read as follows:
Sec. 165.T11-040 Safety Zone: San Diego Bay, CA
(a) Location. A safety zone shall exist around the dredge Florida,
75 yards on all sides when the dredge Florida is within the navigable
waters of San Diego Bay, CA.
(b) Effective Date. This regulation will be in effect from 6:00
a.m. PDT on September 9, 1997 until 11:59 p.m., PDT December 15, 1997,
unless canceled earlier by the Captain of the Port.
(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 is prohibited unless authorized by the Captain
of the Port San Diego, CA, or a designated representative thereof.
Dated: September 9, 1997.
J.A. Watson, IV,
Commander, U.S. Coast Guard, Captain of the Port, San Diego,
California.
[FR Doc. 97-26334 Filed 10-2-97; 8:45 am]
BILLING CODE 4910-14-M
