
[Federal Register: June 13, 2008 (Volume 73, Number 115)]
[Proposed Rules]               
[Page 33751-33754]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn08-30]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0215]
RIN 1625-AA00

 
Safety Zones: Festival of Sail San Francisco, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish temporary safety zones 
in support of the scheduled Festival of Sail Events from July 23, 2008, 
through July 27, 2008. The event will include a parade and mock cannon 
battles. The temporary safety zones are necessary to provide for the 
safety of spectators, participating vessels and crews.

DATES: Comments and related material must reach the Coast Guard on or 
before July 14, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket

[[Page 33752]]

number USCG-2008-0215 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Lieutenant Junior Grade Sheral Richardson, U.S. Coast Guard 
Sector San Francisco, at (415) 399-7436. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0215), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0215) 
in the Search box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the Coast Guard Sector San Francisco, 1 Yerba Buena 
Island, San Francisco, California, 94130 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    The American Sail Training Association, in coordination with the 
local sponsor, Festival of Sail San Francisco, is sponsoring the 2008 
Festival of Sail Event. This event is a part of the Tall Ships[supreg] 
Challenge race series transiting the Pacific Ocean along the west coast 
of North America. Between the races, the participating vessels will 
visit several ports, including San Francisco. Vessels will be docked 
along the waterfront offering the public the opportunity to tour 
vessels, sail, and learn. There are many activities on the water 
scheduled to take place; such as mock cannon battles and the parade. 
Safety zones will be established along with the issuance of marine 
event permits for this event. The temporary safety zones are necessary 
to provide for the safety of the crews, spectators, and participants of 
the Festival of Sail and are also necessary to protect other vessels 
and users of waterway.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a moving safety zone 
extending 100 yards around each vessel participating in the Festival of 
Sail--Parade of Ships as each vessel transits through San Francisco 
Bay. The safety zones surrounding the participant vessels will be 
enforced on July 23, 2008. The parade route is as follows, it will 
commence at the Golden Gate Bridge, extend east to Alcatraz Island and 
then south to Pier 40, and will be bounded by a line connecting the 
following points: 37[deg]48'40'' N and 122[deg]28'38'' W, 
37[deg]49'10'' N and 122[deg]28'41'' W, 37[deg]49'31'' N and 
122[deg]25'18'' W, 37[deg]49'06'' N and 122[deg]24'08'' W, 
37[deg]47'53'' N and 122[deg]22'42'' W, and 37[deg] 46'54'' N and 
122[deg]23'09'' W.
    The Coast Guard proposes to establish a temporary safety zone for 
the mock cannon battles taking place west of Alcatraz Island. This 
location will be called location ``alpha''. The safety zone will be 
bounded by a line connecting the following points: 37[deg]49'18'' N and 
122[deg]25'40'' W, 37[deg]49'24'' N and 122[deg]25'18'' W, 
37[deg]49'45'' N and 122[deg]25'42'' W, and lastly 37[deg]49'37'' N and 
122[deg]26'05'' W; and will include all navigable waters from the 
surface to the seafloor. This safety zone will be in effect on July 25, 
2008 and July 26, 2008.
    The Coast Guard proposes to establish a temporary safety zone for 
the mock cannon battles taking place west of Treasure Island in 
Anchorage 7. This location will be called location ``bravo''. The 
safety zone will be bounded by a line connecting the following points: 
37[deg]48'55'' N and 122[deg]23'03'' W, 37[deg]49'07'' N and 
122[deg]22'32'' W, 37[deg]49'28'' N and 122[deg]22'53'' W, and lastly 
37[deg]49'18'' N and 122[deg]23'28'' W; and will include all navigable 
waters from the surface to the seafloor. This safety zone will be in 
effect on July 24, 2008 and July 27, 2008.
    These proposed safety zones are necessary to provide for the safety 
of the crews, spectators, and participants of the Festival of Sail. 
Persons and vessels would be prohibited from entering into,

[[Page 33753]]

transiting through, or anchoring within these safety zones unless 
authorized by the Captain of the Port, or his designated 
representative.

Regulatory Evaluation

    This proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 rule may affect owners and operators of 
pleasure craft engaged in recreational activities and sightseeing. This 
rule will not have a significant economic impact on a substantial 
number of small entities for several reasons: (i) Vessel traffic can 
pass safely around the area, (ii) vessels engaged in recreational 
activities and sightseeing have ample space outside of the effected 
portion of San Francisco Bay to engage in these activities, (iii) this 
rule will encompass only a small portion of the waterway for a limited 
period of time, and (iv) the maritime public will be advised in advance 
of this safety zone via Broadcast Notice to Mariners.
    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 1-888-REG-FAIR (1-888-734-3247). 
The Coast Guard will not retaliate against small entities that question 
or complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969

[[Page 33754]]

(NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is not likely to have a significant 
effect on the human environment. A preliminary ``Environmental Analysis 
Check List'' supporting this preliminary determination is available in 
the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Add temporary Sec.  165-T11-025 to read as follows:


Sec.  165-T11-025  Safety Zones; Festival of Sail, San Francisco, CA.

    (a) Location. These temporary safety zones are established for the 
Festival of Sail Events taking place in the following locations:
    (1) For the Festival of Sail-Parade of Ships the moving safety zone 
extends 100 yards around each vessel participating in the Parade of 
Ships as each vessel transits through San Francisco Bay to its 
respective mooring site.
    (2) For the mock cannon battles, the safety zone for location 
``alpha'' will take place west of Alcatraz Island. The safety zone will 
be bounded by a line connecting the following points: 37[deg]49'18'' N 
and 122[deg]25'40'' W, 37[deg]49'24'' N and 122[deg]25'18'' W, 
37[deg]49'45'' N and 122[deg]25'42'' W, and lastly 37[deg]49'37'' N and 
122[deg]26'05'' W; and will include all navigable waters from the 
surface to the seafloor.
    (3) For the mock cannon battles, the safety zone for location 
``bravo'' will take place west of Treasure Island in Anchorage 7. The 
safety zone will be bounded by a line connecting the following points: 
37[deg]48'55'' N and 122[deg]23'03'' W, 37[deg]49'07'' N and 
122[deg]22'32'' W, 37[deg]49'28'' N and 122[deg]22'53'' W and lastly 
37[deg]49'18'' N and 122[deg]23'28'' W; and will include all navigable 
waters from the surface to the seafloor. This safety zone will be in 
effect on July 24, 2008, and July 27, 2008.
    (b) Enforcement Period. This section will be effective from July 
23, 2008, to July 27, 2008. If the events conclude prior to their 
scheduled termination times, the Coast Guard will cease enforcement of 
these safety zones and will announce that fact via Broadcast Notice to 
Mariners.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into, transit through, or anchoring within these 
safety zones by all vessels and persons is prohibited, unless 
specifically authorized by the Captain of the Port San Francisco, or 
his designated representative.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port, San Francisco, or the designated 
representative.
    (3) Designated representative means any commissioned, warrant, and 
petty officer of the Coast Guard onboard a Coast Guard, Coast Guard 
Auxiliary, local, state, or federal law enforcement vessel who is 
authorized to act on behalf of the Captain of the Port, San Francisco.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed. Person and vessels may request permission to 
enter the safety zones on VHF-16 or the 24-hour Command Center via 
telephone at (415) 399-3547.
    (5) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of these safety zones by local law enforcement as 
necessary.

    Dated: June 5, 2008.
P.M. Gugg.
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E8-13268 Filed 6-12-08; 8:45 am]

BILLING CODE 4910-15-P
