[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Rules and Regulations]
[Pages 9941-9942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5106]
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DEPARTMENT OF TRANPORTATION
Coast Guard
33 CFR Part 165
[COTP San Diego, 98-006]
RIN 2115-AA97
Safety Zone: Mission Bay, San Diego, CA; Oceanside Harbor,
Oceanside, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones in the
navigable waters of the channel entrances to Mission Bay, San Diego,
CA, and Oceanside Harbor, Oceanside, CA, respectively. Both of these
safety zones have been established for the same reason: To safeguard
vessels from the severe swell and waves that are being encountered at
the channel entrances to Mission Bay and Oceanside Harbor. The safety
zones will consist of all navigable waters located within a 400 yard
circular radius surrounding the end of the Mission Bay Channel entrance
north jetty, and within a 400 yard circular radius surrounding the
north jetty at the Oceanside Harbor entrance, respectively.
The safety zones are established to restrict vessel capsizing,
groundings, and other navigational mishaps that may occur due to severe
weather and navigation conditions currently being encountered at the
channel entrances to Mission Bay and Oceanside Harbor. Entry into,
transiting through, or anchoring within these zones is prohibited
unless authorized by the Captain of the Port. The Captain of the Port
retains the discretion to authorize entry into, transit through, or
anchoring within these zones as weather and navigation conditions
permit.
DATES: This temporary rule becomes effective at 7:30 a.m. (PST) on
February 17, 1998, and runs until 8 p.m. (PST) on March 31, 1998.
ADDRESSES: Marine Safety Office San Diego, 2716 N. Harbor Drive, San
Diego, CA 92101-1064.
FOR FURTHER INFORMATION CONTACT: Lt. Michael Arguelles, U.S. Coast
Guard Marine Safety Office San Diego at (619) 683-6484.
SUPPLEMENTARY INFORMATION:
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 less than 30 days after Federal Register publication.
Publication of a notice of proposed rulemaking and delay of its
effective date would be contrary to the public interest because
emergency weather and navigation conditions require the immediate
closure of both of these respective areas.
Background and Purposes
These safety zones have both been established for the same reason:
To safeguard vessels from severe swell and waves that are being
encountered at the channel entrances to Mission Bay and Oceanside
Harbor. The safety zones will consist of all navigable waters located
within a 400 yard circular radius surrounding the end of the Mission
Bay Channel entrance north jetty, and within a 400 yard circular radius
surrounding the north jetty at the Oceanside Harbor entrance,
respectively. The safety zones will be in place from 7:30 a.m. (PST) on
February 17, 1998, until 8 p.m. (PST) on March 31, 1998, unless
canceled earlier by the Captain of the Port.
Discussion of Regulation
This regulation is necessary to safeguard vessels from the severe
swell and waves that are being encountered at the channel entrances to
Mission Bay and Oceanside Harbor. The safety zones will be enforced by
U.S. Coast Guard personnel and local authorities working in conjunction
with U.S. Coast Guard personnel. No persons or vessels will be allowed
to enter into, transit through, or anchor within the safety zones
unless authorized by the Captain of the Port. The Captain of the Port
retains the discretion to authorize entry into, transit through, or
anchoring within these zones as weather and navigation conditions
permit.
Regulatory Evaluation
This regulation 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
(44 FR 11040; February 26, 1979). Due to the short duration and limited
scope of the implementation of this safety zone, 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 Department of Transportation is unnecessary.
Collection of Information
This rule contains no collection of information requirements under
this Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this regulation under the principles
and criteria contained in Executive Order 12612 and has determined that
this regulation does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under section 2.B.2 of Commandant
Instruction M16475.1B, it will have no significant environmental impact
and its is categorically excluded from further environmental
documentation. A categorical exclusion determination and an
environmental analysis check list have been completed and are available
[[Page 9942]]
for inspection and copying at the address listed in ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbor, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
In consideration of the foregoing, subpart F of part 165 of Title
33, Code of Federal Regulations, is amended as follows:
1. The authority citation for 33 CFR 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. A new temporary Sec. 165.T11-018 is added to read as follows:
Sec. 165.T11-048 Safety Zone: Mission Bay, San Diego, CA; Oceanside
Harbor, Oceanside, CA.
(a) Location. These two safety zones will consist of all navigable
waters located within a 400 yard circular radius surrounding the end of
the Mission Bay Channel entrance north jetty, and within a 400 yard
circular radius surrounding the north jetty at the Oceanside Harbor
entrance, respectively.
(b) Effective Date. This temporary regulation becomes effective at
7:30 a.m. (PST) on February 17, 1998, and runs until 8 p.m. (PST) on
March 31, 1998, 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 these zones is prohibited unless authorized by the Captain of
the Port.
Dated: February 17, 1998.
J.A. Watson IV,
Commander, U.S. Coast Guard, Captain of the Port, San Diego,
California.
[FR Doc. 98-5106 Filed 2-26-98; 8:45 am]
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