[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Rules and Regulations]
[Pages 37693-37695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13513]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 02-011]
RIN 2115-AA97


Safety Zone; Offshore Gran Prix powerboat race, Long Beach, 
California

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of Long Beach Outer Harbor, Long Beach, California, 
for the Second Annual Long Beach Offshore Gran Prix powerboat race. 
This safety zone is needed to provide for the safety of the crews 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.

DATES: This rule is effective from 12 p.m. to 3 p.m. (PDT) on June 2, 
2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (COTP Los Angeles-Long Beach 02-011) and 
are available for inspection or copying at U.S. Coast Guard Marine 
Safety Office/Group Los Angeles-Long Beach, 1001 South Seaside Avenue, 
Building 20, San Pedro, California, 90731 between 9 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer Jessica Walsh, Waterways 
Management Division, at (310) 732-2020.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this

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regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Final details for the event, 
including the racetrack coordinates and event dates and times, were not 
provided to the Coast Guard in time to draft and publish an NPRM or a 
final rule 30 days in advance of its effective date. Any delay in 
implementing this rule would be contrary to the public interest since 
immediate action is necessary to ensure the safety of the participant 
vessels, their crew, and spectators.
    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. The precise location of the event 
necessitating the 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. Any delay in implementing this rule 
would be contrary to the public interest since immediate action is 
necessary to ensure the safety of the participant vessels and their 
crew.

Background and Purpose

    The Second Annual Long Beach Offshore Gran Prix powerboat race is 
scheduled to be held from 12 p.m. to 3 p.m. (PDT) on June 2, 2002. This 
safety zone is needed to provide for the safety of both the contestants 
and the estimated 100 spectator vessels expected to attend this event. 
This new rule differs slightly from last year's rule in three ways. 
First, the date of this year's event is 15 days earlier than last 
year's event. Second, at the request of the local pilot organization, 
the location of the racecourse was adjusted to the North slightly to 
encompass less of the commercial anchorage grounds in the Port of Long 
Beach. Finally, the location of the racecourse was adjusted to the East 
slightly to allow for a wider traffic fairway for non-participants 
transiting between the Long Beach downtown marinas and Long Beach gate.

Discussion of Rule

    The Coast Guard is establishing a safety zone within the navigable 
waters of Long Beach Outer Harbor around the offshore oil islands. The 
area of the safety zone will commence at latitude 33[deg]45[min]46[sec] 
N, longitude 118[deg]10[min]11[sec] W; thence proceed to 
33[deg]44[min]48[sec] N, 118[deg]11[min]03[sec] W; thence to 
33[deg]43[min]50[sec] N, 118[deg]10[min]08[sec] W; thence to 
33[deg]43[min]50[sec] N, 118[deg]08[min]06[sec] W; thence to 
33[deg]44[min]56[sec] N, 118[deg]07[min]40[sec] W; thence returning 
westerly along the shore to the point of origin. [NAD 1983] This safety 
zone allows for a fairway from the Long Beach downtown marina to Long 
Beach Gate, and will allow vessels to transit from Alamitos Bay east of 
the racecourse.
    Persons and vessels are prohibited from entering into or transiting 
through this safety zone unless authorized by the Captain of the Port. 
By prohibiting all vessel traffic from entering the waters surrounding 
the racecourse, the risk of high-speed collision will be greatly 
reduced. U.S. Coast Guard personnel will enforce this safety zone with 
assistance from the Coast Guard Auxiliary and the Long Beach Gran Prix 
event staff.

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).
    Since the rule will be in effect for only a short duration, during 
the time of the Gran Prix event, 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 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 this rule will not affect small entities. This rule is 
closing a small portion of the waterway only for a limited period of 
time. The rule provides for a fairway from the Long Beach downtown 
marina to Long Beach Gate, and allows vessels to transit to and from 
Alamitos Bay east of the racecourse.

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 could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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.

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.

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.

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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. 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 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. Add [sect] 165.T11-067 to read as follows:


[sect] 165.T11-067  Safety Zone; Offshore Gran Prix powerboat race, 
Long Beach, California.

    (a) Location. The following area constitutes a safety zone within 
the navigable waters of Long Beach Outer Harbor around the oil islands: 
commencing at latitude 33[deg]45[min]46[sec] N, longitude 
118[deg]10[min]11[sec] W; thence to 33[deg]44[min]48[sec] N, 
118[deg]11[min]03[sec] W; thence to 33[deg]43[min]50[sec] N, 
118[deg]10[min]08[sec] W; thence to 33[deg]43[min]50[sec] N, 
118[deg]08[min]06[sec] W; thence to 33[deg]44[min]56[sec] N, 
118[deg]07[min]40[sec] W; thence returning westerly along the shore to 
the point of origin. [NAD 1983]
    (b) Effective period. This section is effective from 12 p.m. to 3 
p.m. (PDT) on June 02, 2002. If the event concludes prior to the 
scheduled termination time, the Captain of the Port will cease 
enforcement of the safety zone and will announce that fact via 
broadcast notice to mariners.
    (c) Regulations. In accordance with the general regulations in 
[sect] 165.23 of this part, entry into, transit through or anchoring 
within the safety zone is prohibited unless authorized by the Captain 
of the Port Los Angeles-Long Beach, California or his designated 
representative.

    Dated: May 22, 2002.
G.P. Cummings,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Los 
Angeles-Long Beach, California.
[FR Doc. 02-13513 Filed 5-29-02; 8:45 am]
BILLING CODE 4910-15-P