[Federal Register Volume 67, Number 54 (Wednesday, March 20, 2002)]
[Rules and Regulations]
[Pages 12873-12874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6647]



[[Page 12873]]

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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: Temporary final rule.

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SUMMARY: The Coast Guard has established 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. (PST) 
on March 23, 2002 and from 8 a.m. to 5 p.m. on March 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 or her designated representative.

DATES: This rule is effective from 8 a.m. (PST) on March 23, 2002, to 5 
p.m. on March 24, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Los Angeles-Long Beach 02-003 and 
are available for inspection or copying at U.S. Coast Guard Marine 
Safety Office/Group Los Angeles-Long Beach, 1001 S. Seaside Avenue, 
Building 20, San Pedro, California, 90731 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 19, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Long Beach, CA'' in the Federal Register 
(67 FR 7321). We received no letters from the public commenting on the 
proposed rule. No public hearing was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Waiting 30 days after publication 
would delay the effective date of this safety zone beyond the event 
date of March 23, 2002, and that would be contrary to the need for 
public safety during this event.

Background and Purpose

    This temporary safety zone provides 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 zone unless authorized by the Captain of the Port or his 
or her designated representative. By prohibiting persons and vessels 
from entering the waters surrounding the racecourse, the risk of high-
speed collision will be significantly reduced. The U.S. Coast Guard 
will enforce this safety zone with assistance from the U.S. Coast Guard 
Auxiliary and event staff.
    The following area is 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 (North 
American Datum of 1983). This area is approximately 3,000 yards wide 
and 2,500 yards long and is centered near the oil islands off Long 
Beach, California.

Discussion of Comments and Changes

    We received no letters from the public commenting on the proposed 
rule. We made one editorial change from the proposed rule to clarify 
that the rule will be enforced during the hours listed in paragraph 
(b).

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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979) because this safety zone will 
encompass a small portion of the waterway for limited periods of time 
and vessel traffic can pass safety around the affected area.

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 small 
entities.
    We expect that this rule will affect the following entities, some 
of which may be small entities: The owners and operators of private and 
commercial vessels intending to transit or anchor in a small portion of 
the port of Long Beach. The impact to these entities would not, 
however, be significant since this zone will encompass a small portion 
of the waterway for limited periods of time.
    We received no letters from the public commenting on the proposed 
rule's impact to small entities and no changes to the proposed rule 
were made.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. No 
requests for assistance to small entities were received.
    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).

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.

[[Page 12874]]

    We received no letters commenting on the proposed rule implications 
for federalism and no changes to the proposed rule were made.

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.
    We received no letters commenting on the proposed rule and no 
changes to the proposed rule were made.

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.
    We received no letters commenting on the proposed rule effecting a 
taking of private property and no changes to the proposed rule were 
made.

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.
    We received no letters commenting on the proposed rule complying 
with Civil Justice Reform and no changes to the proposed rule were 
made.

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.
    We received no letters commenting on the proposed rule 
environmental risks to children and no changes to the proposed rule 
were made.

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.
    We received no letters commenting on the proposed rule implications 
for tribal governments and no changes to the proposed rule were made.

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. 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.
    We received no letters commenting on the proposed rule effect on 
energy and no changes to the proposed rule were made.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(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.
    We received no letters commenting on the proposed rule 
environmental impact and no changes to the proposed rule were made.

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 amends 
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. From 8 a.m. on March 23, 2002, to 5 p.m. on March 24, 2002, 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. (NAD83)
    (b) Enforcement period. This section will be enforced 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 or her 
designated representative.

    Dated: March 6, 2002.

J. M. Holmes,
Captain, U. S. Coast Guard, Captain of the Port, Los Angeles-Long 
Beach, California.
[FR Doc. 02-6647 Filed 3-19-02 8:45am]
BILLING CODE 4910-15-U