[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]


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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.

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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