[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Rules and Regulations]
[Pages 34840-34842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12313]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 02-010]
RIN 2115-AA97


Safety Zone; Oceanside Harbor, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within 
the navigable waters of the Pacific Ocean in Oceanside Harbor, 
California for Ralph's Half Ironman California. This temporary safety 
zone is necessary to provide for the safety of the participants and 
spectators of the race, to protect the participating vessels, and to 
protect 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 6:30 a.m. (PST) on May 19, 2002 
until 9:30 a.m. (PST) on May 19, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [COTP San Diego 02-010] and are available for 
inspection or copying

[[Page 34841]]

at Marine Safety Office San Diego, 2716 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 Austin Murai at (619) 
683-6495.

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 Coast Guard finds that good 
cause exists for not publishing an NPRM. In keeping with the 
requirements of 5 U.S.C. 553(d)(3), the Coast Guard also finds that 
good cause exists for making this regulation effective less than 30 
days after publication in the Federal Register. The precise location of 
the event necessitating promulgation of this safety zone and other 
logistical details surrounding the event were not finalized until a 
date fewer than 30 days prior to the event. Delaying the effective date 
of this rule would be contrary to the public interest because doing 
such would prevent the Coast Guard from maintaining the safety of the 
participants of the event and users of the waterway.

Background and Purpose

    This safety zone is necessary for Ralph's Half Ironman California, 
which will take place on May 19, 2002 starting at 6:30 a.m. (PST) and 
ending at 9:30 a.m. (PST). The event involves participant swimmers and 
the staff members of the race. This safety zone is defined as the 
waters of Oceanside Harbor, CA, including the entrance channel. This 
temporary safety zone is necessary to provide for the safety of the 
participants (swimmers), spectators, and sponsor vessels of the Ralph's 
Half Ironman California and to protect 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.

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).
    Due to the temporary safety zone's short duration of three hours 
for just one day, 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 DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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.
    For the same reasons set forth in the above Regulatory Evaluation, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this rule is not 
expected to have a significant economic impact on any substantial 
number of entities, regardless of size.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), the Coast Guard wants 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 Ensign Adam Birst, U.S. Coast Guard Marine Safety Office 
San Diego at (619) 683-6495.
    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 and have 
determined that this rule 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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

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 concern 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,

[[Page 34842]]

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

    The Coast Guard 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 we are establishing a safety zone. 
A ``Categorical Exclusion Determination'' is available in the docket 
for inspection or copying where indicated under ADDRESSES.

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 6:30 a.m. May 19, 2002 through 9:30 a.m. May 19, 2002 add 
new Sec. 165.T11-042 to read as follows:


Sec. 165.T11-042  Safety Zone; Oceanside Harbor, CA.

    (a) Location. The following area is a safety zone: all waters of 
Oceanside Harbor, CA encompassed by an area starting at 33 deg.12'21" 
N, 117 deg.23'27" W; east to 33 deg.12'18" N, 117 deg.23'31" W; 
northeast to 33 deg.12'26" N, 117 deg.23'38" W; northeast to 
33 deg.12'27" N, 117 deg.23'44" W; east to 33 deg.12'24" N, 
117 deg.23'55" W; north to 33 deg.12'33" N, 117 deg.24'00" W; west to 
33 deg.12'36" N, 117 deg.23'51" W; south to 33 deg.12'31" N, 
117 deg.23'47" W; southwest to 33 deg.12'31" N, 117 deg.23'41" W; 
southwest to 33 deg.12'30" N, 117 deg.23'36" W; south to the original 
point.
    (b) Effective Dates. This safety zone will be enforced from 6:30 
a.m. (PST) to 9:30 a.m. (PST) on May 19, 2002. If the event 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 Patrol Commander, who will be Don 
Hadley of the Oceanside Harbor Police. He may be contacted by telephone 
at (760) 435-4007 or by VHF-FM Channel 16.

    Dated: April 29, 2002.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 02-12313 Filed 5-15-02; 8:45 am]
BILLING CODE 4910-15-P