[Federal Register Volume 67, Number 33 (Tuesday, February 19, 2002)]
[Proposed Rules]
[Pages 7321-7323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3928]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 02-003]

RIN 2115-AA97


Safety Zone; Long Beach, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
in the navigable waters of Long Beach, California for the National 
Water Ski Racing Association (NWSRA) Water Ski Race from 8 a.m. to 5 
p.m. on March 23 and 24, 2002. This safety zone is necessary to provide 
for the safety of the crew and participants of the race and to protect 
the participating vessels. Persons and vessels are prohibited from 
entering into or transiting through this safety zone unless authorized 
by the Captain of the Port or his designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before March 6, 2002.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Marine Safety Office/Group Los Angeles-Long Beach, 1001 S. 
Seaside Avenue, Building 20, San Pedro, California, 90731. U.S. Coast 
Guard Marine Safety Office/Group Los Angeles-Long Beach maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for

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inspection or copying at U.S. Coast Guard Marine Safety Office/Group 
Los Angeles-Long Beach between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Boatswain's Mate 2 (BM2) Jessica 
Walsh, Waterways Management Division, at (310) 732-2020.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. You have 15 days to comment on the 
proposed temporary final rule. This short comment period will permit 
the Coast Guard to publish a temporary final rule before the event and 
thus help ensure public safety. To provide additional notice, we will 
place a notice of our proposed rule in the local notice to mariners. 
You may request a copy of this notice by calling BM2 Jessica Walsh, 
Waterways Management Division, at (310) 732-2020.
    In our final rule, we will include a concise general statement of 
the comments received and identify any changes from the proposed rule 
based on the comments. If, as we expect, we make the final rule 
effective less than 30 days after publication in the Federal Register, 
we will explain our good cause for doing so as required by 5 U.S.C. 
553(d)(3).
    In making comments, please include your name and address, identify 
the docket number for this rulemaking (COTP Los Angeles-Long Beach 02-
003), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
your submission reached us, 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.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to MSO/GRU Los Angeles-Long Beach 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 separate notice in the Federal Register.

Background and Purpose

    This temporary safety zone is needed to provide for the safety of 
National Water Ski Racing Association (NWSRA) Water Ski Race 
participants and spectators on March 23 and 24, 2002, from 8 a.m. to 5 
p.m. both days. Persons and vessels are prohibited from entering into 
or transiting through this safety zone unless authorized by the Captain 
of the Port or his designated representative. By prohibiting persons 
and vessels from entering the waters surrounding the racecourse, the 
risk of high-speed collision will be significantly reduced. U.S. Coast 
Guard personnel will enforce this safety zone with assistance from 
Coast Guard Auxiliary and event staff.

Discussion of Proposed Rule

    The following area will constitute the temporary safety zone: all 
waters encompassed by lines connecting the following points, beginning 
at latitude 33 deg.45'50" N, longitude 118 deg.10'48" W; thence to 
33 deg.44'00" N, 118 deg.10'05" W; thence to 33 deg.44'00" N, 
118 deg.09'26" W; thence to 33 deg.45'28" N, 118 deg.09'00" W, and 
thence returning to the point of origin. This area is approximately 
3,000 yards wide and 2,500 yards long and is centered near the oil 
islands off Long Beach, California.

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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Transportation (DOT)(44 FR 11040, February 26, 1979) because this zone 
will encompass a small portion of the waterway for limited periods of 
time and vessel traffic can pass safely around the affected area.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT 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.
    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 (Public Law 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 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact BM2 Jessica Walsh, 
Waterways Management Division, at (310) 732-2020.

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.

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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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (35)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation because it is a safety zone in effect for 
only 2 days. A ``Categorical Exclusion Determination'' is not required.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. Add Sec. 165.T11-063 to read as follows:


Sec. 165.T11-063  Safety Zone; Long Beach, CA.

    (a) Location. The following area is a safety zone:
    All waters encompassed by lines connecting the following points, 
beginning at latitude 33 deg.45'50" N, longitude 118 deg.10'48" W; 
thence to 33 deg.44'00" N, 118 deg.10'05" W; thence to 33 deg.44'00" N, 
118 deg.09'26" W; thence to 33 deg.45'28" N, 118 deg.09'00" W; and 
thence returning to the point of origin.
    (b) Effective period. This section is effective from 8 a.m. to 5 
p.m. (PST) on March 23, 2002 and from 8 a.m. to 5 p.m. (PST) on March 
24, 2002.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through or anchoring 
within the safety zone is prohibited unless authorized by the Coast 
Guard Captain of the Port, Los Angeles-Long Beach, or his designated 
representative.

    Dated: February 6, 2002.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach, 
California.
[FR Doc. 02-3928 Filed 2-15-02; 8:45 am]
BILLING CODE 4910-15-P