
[Federal Register: June 26, 2008 (Volume 73, Number 124)]
[Rules and Regulations]               
[Page 36276-36278]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn08-9]                         

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0270]
RIN 1625-AA00

 
Safety Zone; Main Street Oceanside, Fireworks Display; Oceanside, 
CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Oceanside Harbor in support of the Main Street 
Oceanside fireworks display. The safety zone is necessary to provide 
for the safety of the spectators, participants of the event, 
participating vessels and other vessels and users of the 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 8:30 p.m. until 10 p.m. on July 4, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0270 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying in two locations: The 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and at 
Coast Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 
92101-1064 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer Kristen Beer, Waterways 
Management, U.S. Coast Guard Sector San Diego, CA at telephone (619) 
278-7233.

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

[[Page 36277]]

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 an 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 also finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. In addition, 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

    The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Oceanside in support of the Main Street Oceanside, 
Fireworks Display. This temporary safety zone is necessary to provide 
for the safety of the show's crew, spectators, and participants of the 
event, participating vessels and other vessels and users of the 
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.

Discussion of Rule

    The Coast Guard establishes this temporary rule, pursuant to 33 
U.S.C. 1225, to provide for the safety of the participants, spectators 
and other users of the waterways. This safety zone will be enforced 
from 8:30 p.m. until 10 p.m. on July 04, 2008. The safety zone is 
necessary to ensure the safety of participants and spectators of the 
Main Street Oceanside, Fireworks Display. The duration of the show is 
expected to be approximately 15-20 minutes.
    The limits of this temporary safety zone are set at an 800 foot 
radius around the anchored barge. The anchoring location is 900 feet 
from southern part of Oceanside pier.
    This temporary safety zone is necessary to provide for the safety 
of the crews, spectators, participants of the event, participating 
vessels and other vessels and users of the 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.
    U.S. Coast Guard personnel will enforce this safety zone. Other 
Federal, State, or local agencies may assist the Coast Guard, including 
the Coast Guard Auxiliary. Section 165.23 of Title 33, Code of Federal 
Regulations, prohibits any unauthorized person or vessel from entering 
or remaining in a safety zone. Vessels or persons violating this 
section will be subject to the penalties set forth in 33 U.S.C. 1232.

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.
    Due to the temporary safety zone's short duration of one and a half 
hours, its limited scope of implementation, and because vessels will 
have an opportunity to request authorization to transit through the 
zone or the vessels may safely travel around the zone, the Coast Guard 
expects the economic impact of this rule to be so minimal that full 
regulatory evaluation under paragraph 10(e) of the regulatory policies 
and procedures of the DHS is unnecessary.

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 rule will 
not have a significant economic impact on a substantial number of 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit or anchor in a portion of Oceanside from 8:30 p.m. to 10 p.m. 
on July 4, 2008.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
safety zone only encompasses a small portion of the waterway, it is 
short in duration at a late hour when commercial traffic is low, 
vessels may safely travel around the safety zone, and the Captain of 
the Port may authorize entry into the zone, if necessary.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If your 
small business or organization is affected by this rule and you have 
questions concerning its provisions or options for compliance, please 
contact Petty Officer Kristen Beer, U.S. Coast Guard Sector San Diego 
at (619) 278-7233.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 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 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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

[[Page 36278]]

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 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.

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. 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded, 
under the Instruction, that there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation because it establishes a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are 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, and Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1225, 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.

0
2. Add Sec.  165.T11-043 to read as follows:


Sec.  165.T11-043  Safety Zone: Main Street Oceanside, Fireworks 
Display; Oceanside, CA.

    (a) Location. The limits of the temporary safety zone are set at an 
800 foot radius around the anchored barge. The anchoring location is 
900 feet from the southern part of Oceanside pier.
    (b) Effective Period. This safety zone will be in effect from 8:30 
p.m. until the end of the fireworks show on July 04, 2007. The event is 
scheduled to conclude no later than 10 p.m. However, if the display 
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 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 U.S. Coast Guard Patrol Commander. The 
U.S. Coast Guard Patrol Commander may be contacted via VHF-FM Channel 
16.
    (d) Enforcement. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port or the designated 
on-scene patrol personnel. Patrol personnel can be comprised of 
commissioned, warrant, and petty officers of the Coast Guard onboard 
Coast Guard, Coast Guard Auxiliary, local, state, and federal law 
enforcement vessels. 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. The Coast Guard may be assisted 
by other federal, state, or local agencies.

    Dated: June 10, 2008.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E8-14509 Filed 6-25-08; 8:45 am]

BILLING CODE 4910-15-P
