[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Rules and Regulations]
[Pages 55724-55726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22256]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 02-014]
RIN 2115-AA97


Safety Zone; Ventura Offshore Gran Prix, Ventura, 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 Pierpont Bay near Ventura, California, for the 
Ventura Offshore Gran Prix powerboat race on September 29, 2002. This 
temporary safety zone is necessary to provide for public safety in 
order to protect life and prevent property damage near the racecourse. 
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: This rule is effective from 12 p.m. to 3 p.m. on September 29, 
2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Los Angeles-Long Beach 02-014 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 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Rob Griffiths, 
Assistant Chief of Waterways Management Division, at (310) 732-2020.

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. Final dates and other 
logistical details for the event were not provided to the Coast Guard 
in time to draft and publish an NPRM or

[[Page 55725]]

a temporary final rule 30 days prior to the event, as the event would 
occur before the rulemaking process was complete. Any delay in 
implementing this rule would be contrary to the public interest since 
immediate action is necessary to provide a safety zone to ensure the 
safety of the spectators and other vessels in the area.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone in the 
navigable waters of Pierpont Bay near Ventura, California, for the 
Ventura Offshore Gran Prix powerboat race on September 29, 2002. 
Pacific Offshore Powerboat Racing Association is sponsoring this 
offshore powerboat race. This race consists of approximately 40 
offshore powerboats, operating at high speeds, racing along a multi-lap 
rectangular course located offshore Ventura between the hours of 12 
p.m. and 3 p.m. The course is centered between the entrance to Ventura 
Harbor and Seaside Park, approximately \1/4\ nautical mile offshore.
    The Coast Guard will close the waterway to all vessels and persons 
30 minutes prior to the start of the race and will reopen the waterway 
approximately 30 minutes after the conclusion of the race if the Coast 
Guard determines that it is safe to do so. A broadcast notice to 
mariners will be issued for this event.
    Persons and vessels are prohibited from entering into or transiting 
through this temporary safety zone during the race. By prohibiting 
persons and vessels from entering the waters near the racecourse, the 
risk of loss of life and damage to property will be significantly 
reduced.
    U.S. Coast Guard personnel will enforce this safety zone. The Coast 
Guard may enlist the aid and cooperation of any federal, state, county, 
municipal, and/or private agency to assist in the patrol of this safety 
zone, which during this event may include the Coast Guard Auxiliary, 
Ventura Harbor Harbor Patrol, and Ventura Police.

Discussion of Rule

    The following described area constitutes a temporary safety zone: 
all waters of Pierpont Bay near Ventura, California, from surface to 
bottom, encompassed by lines connecting points beginning at latitude 
34 deg.15'42'' N, longitude 119 deg.16'40'' W; thence to 
34 deg.16'17''; N, 119 deg.17'32'' W; thence to 34 deg.16'17'' N, 
119 deg.19'25'' W; thence to 34 deg.14'31'' N, 119 deg.19'25'' W; 
thence to 34 deg.14'31'' N, 119 deg.16'40'' W; and thence returning to 
the point of origin. (Datum: NAD 83). This area is approximately 2 
nautical miles wide and 2 nautical miles long and is geographically 
centered between Ventura Harbor and Seaside Park near Ventura, 
California.

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 limited scope of the 
safety zone, the fact that vessel traffic can pass safely around the 
zone, and the short duration of the zone, 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 the 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.
    This rule will possibly 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 the affected area. 
The impact to these entities would not, however, be significant since 
this zone will encompass only a small portion of the waterway for a 
limited period of time and vessels can safely navigate around the 
safety zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they could 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 the person listed under FOR FURTHER INFORMATION CONTACT for 
assistance in understanding this rule.
    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.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of

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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 temporary 
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 and 160.5; 49 CFR 1.46.


    2. Add a new Sec. 165.T11-069 to read as follows:


Sec. 165.T11-069  Safety Zone; Ventura Offshore Gran Prix, Ventura, 
California.

    (a) Location. The following described area constitutes a temporary 
safety zone: all waters of Pierpont Bay near Ventura, California, from 
surface to bottom, encompassed by lines connecting points beginning at 
latitude 34 deg.15'42'' N, longitude 119 deg.16'40'' W; thence to 
34 deg.16'17'' N, 119 deg.17'32'' W; thence to 34 deg.16'17'' N, 
119 deg.19'25'' W; thence to 34 deg.14'31'' N, 119 deg.19'25'' W; 
thence to 34 deg.14'31'' N, 119 deg.16'40'' W; and thence returning to 
the point of origin. (Datum: NAD 83).
    (b) Effective period. This section is effective from 12 p.m. to 3 
p.m. on September 29, 2002.
    (c) Regulations. (1) 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.
    (2) Persons desiring to transit the area of the safety zone may 
contact the Captain of the Port at telephone number (800) 221-8724 or 
the Patrol Commander on VHF-FM channel 16 (156.8 MHz). If permission is 
granted, all persons and vessels must comply with the instructions of 
the Captain of the Port or his or her designated representative.

    Dated: August 23, 2002.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach, 
California.
[FR Doc. 02-22256 Filed 8-27-02; 4:55 pm]
BILLING CODE 4910-15-U