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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

CFR Citation: 33 CFR Part 165

Docket ID: [Docket No. USCG-2008-0162]

RIN ID: RIN 1625-AA00

NOTICE: PROPOSED RULES

ACTION: Safety Zone:

DOCUMENT ACTION: Notice of proposed rulemaking.

SUBJECT CATEGORY: Safety Zone; Red Bull Air Race; San Diego Bay, San Diego, CA

DATES: Comments and related material must reach the Coast Guard on or before April 11, 2008.

DOCUMENT SUMMARY: The Coast Guard proposes establishing a temporary safety zone on the navigable waters of San Diego Bay, CA in support of the Red Bull Air Race. The safety zone would be necessary to provide for the safety of the crew, spectators, participants in the event, participating vessels and other vessels and users of the waterway. Persons and vessels would be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative.

SUMMARY: Red Bull Air Race; San Diego Bay, San Diego, CA,

SUPPLEMENTAL 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 [[Page 18223]]
rulemaking (USCG20080162), 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 email 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, selfaddressed 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, click on ``Search for Dockets,'' and enter the docket number for this rulemaking (USCG20080162) in the Docket ID box, and click enter. You may also visit 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.

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 Coast Guard would be establishing a safety zone on the navigable waters of San Diego Bay in support of the Red Bull Air Races. This temporary safety zone is necessary to provide for the safety of the crews, spectators, and participants of the race and is also necessary to protect other vessels and users of the waterway. Discussion of Proposed Rule

The Coast Guard proposes to establish a safety zone that would be enforced from 8 a.m. through 7 p.m. from April 29th, 2008 through May 4th, 2008. This safety zone is necessary to provide for the safety of the crews, spectators, and participants of the Red Bull Air Race and to protect other vessels and users of the waterway. Persons and vessels will be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. The limits of this temporary safety zone include all areas within a box that extends to the following coordinates: 32[deg]42'41.00'' N, 117[deg]10'33.06'' W;
32[deg]42'26.40'' N, 117[deg]10'55.69'' W; 32[deg]41'57.22'' N, 117[deg] 9'33.05'' W; and 32[deg]41'45.04'' N, 117[deg] 9'54.28'' W. Coast Guard personnel will enforce this safety zone. The Coast Guard may be assisted by other Federal, State, or local agencies, 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 both criminal and civil penalties. 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.

The safety zone is of a limited duration, only eleven hours per day for a period of four days, and is limited to a relatively small geographic area.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601612), 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, notforprofit 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.
(1) The propsed 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 the safety zone in San Diego Bay, San Diego, CA, from 8 a.m. to 7 p.m. on April 29th, 2008 through May 4th, 2008.
(2) This safety zone would not have a significant economic impact on a substantial number of small entities for the following reasons. This rule only encompasses only a portion of the waterway, there will be chances for boating traffic to pass through the safety zone and the Captain of the Port may authorize entry into the zone, if necessary.

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. 104121), 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 Petty Officer Adam Proctor, Waterways Management Division, U.S. Coast Guard Sector San Diego at telephone (619) 2787277. 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. 35013520). [[Page 18224]]

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. 15311538) 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 (NEPA) (42 U.S.C. 43214370f), 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.

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 165REGULATED 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 1.051, 6.041, 6.046, and 160.5; Public Law 107295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1

2. Add new Sec. 165.T11015 to read as follows:
Sec. 165.T11015 Safety Zone; Red Bull Air Race, San Diego Bay, San Diego, CA
(a) Location. The limits of this temporary safety zone would include all areas within a box that extends to the following coordinates: 32[deg]42'41.00'' N, 117[deg]10'33.06'' W;
32[deg]42'26.40'' N, 117[deg]10'55.69'' W; 32[deg]41'57.22'' N, 117[deg]9'33.05'' W; and 32[deg]41'45.04'' N, 117[deg]9'54.28'' W. (b) Effective Period. This section would be effective from 8 a.m. through 7 p.m. from April 29th, 2008 through May 5th, 2008. If the need for the safety zone ends before the scheduled termination time, the Captain of the Port will cease enforcement of this safety zone. (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 would be 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 Patrol Commander (PATCOM). The Patrol Commander may be contacted on VHFFM Channel 16.

Enforcement. All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated onscene 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 the 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: March 5, 2008.
D.L. LeBlanc,
Commander, U.S. Coast Guard, Acting Captain of the Port, San Diego. [FR Doc. E86892 Filed 4208; 8:45 am]
BILLING CODE 491015P

FOR FURTHER INFORMATION CONTACT If you have questions on this proposed rule, call Petty Officer Adam Proctor, Waterways Management Division, U.S. Coast Guard Sector San Diego, CA, at telephone (619) 2787277. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 2023669826.