[Federal Register Volume 68, Number 53 (Wednesday, March 19, 2003)]
[Rules and Regulations]
[Pages 13233-13235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6639]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 03-001]
RIN 1625-AA00


Safety Zone; Red Baron Squadron Aerobatic Flight Demonstration, 
Long Beach, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of Long Beach, California for the Red Baron Squadron 
aerobatic flight demonstration on April 12 and 13, 2003. This temporary 
safety zone is necessary to provide for public safety in order to 
protect life and prevent property damage beneath the aerobatic flight 
demonstration. Persons and vessels are prohibited from entering into or 
transiting through this safety zone unless authorized by the Captain of 
the Port, Los Angeles-Long Beach.

DATES: This rule is effective from 10 a.m. to 12 p.m. (p.d.t.) on April 
12 and 13, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (COTP Los Angeles-Long Beach 03-001) 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 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.
    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 due to additional administrative 
review within the Coast Guard's Department of Homeland Security 
following the Coast Guard's recent shift to DHS. Withholding the 
implementation of the safety zone is impractical and contrary to the 
public interest as the dates of the flight demonstration will have 
past.

Background and Purpose

    At the request of the Federal Aviation Administration (FAA) Flight 
Standards District Office in Long Beach, California, the Coast Guard is 
establishing a temporary safety zone in the navigable waters of Long 
Beach, California for the Red Baron Squadron aerobatic flight 
demonstration on April 12 and 13, 2003. One these dates, Red Baron 
Squadron is scheduled to perform a 15-minute aerobatic flight 
demonstration. This flight demonstration team consists of a three ship 
formation, performing aerobatic flight maneuvers in close proximity to 
each other, over Long Beach harbor between the hours of 10 a.m. and 12 
p.m. (P.d.t.) both days in conjunction with the Grand Prix of Long 
Beach.
    At the request of the FAA, the Coast Guard will close the waterway 
to all vessels and persons 30 minutes prior to the start of the 
aerobatic flight demonstration and will reopen the waterway 
approximately 30 minutes after the conclusion of the aerobatic flight 
demonstration if the Patrol Commander determines that it is safe to do 
so. A broadcast notice to mariners will be issued for this event.

[[Page 13234]]

Discussion of Rule

    The following described area constitutes a temporary safety zone: 
All waters of Long Beach harbor, from surface to bottom, encompassed by 
lines connecting points beginning at latitude 33[deg]45'45'' N, 
longitude 118[deg]10'28'' W; then to 33[deg]45'17'' N, 118[deg]09'53'' 
W; then to 33[deg]44'41'' N, 118[deg]10'37'' W; then to 33[deg]45'09'' 
N, 118[deg]11'09'' W, and then returning to the point of origin. 
(Datum: NAD 1983). This area is approximately 1,400 yards wide and 
1,800 yards long and is geographically centered between the Queen Mary, 
Island Grissom, Island White, and Island Freeman near Long Beach, 
California.
    Persons and vessels are prohibited from entering into or transiting 
through this temporary safety zone during the aerobatic flight 
demonstration. By prohibiting persons and vessels from entering the 
waters beneath the aerobatic flight demonstration, the risk of loss of 
life and damage to property will be significantly reduced. Without this 
safety zone, the aerobatic flight demonstration would be cancelled.
    U.S. Coast Guard personnel will enforce this safety zone. The Coast 
Guard may be assisted by other Federal, State, or local agencies, which 
during this event may include the Coast Guard Auxiliary, Long Beach 
Lifeguards, and Long Beach Police Department.
    Section 165.23 of title 33, Code of Federal Regulations, prohibits 
any unauthorized person or vessel from entering or remaining in this 
Safety Zone.
    Vessels or persons violating this section will be subject to the 
penalties set forth in 33 U.S.C. 1232. Pursuant to 33 U.S.C. 1232, any 
violation of the safety zone described herein, is punishable by civil 
penalties (not to exceed $27,500 per violation, where each day of a 
continuing violation is a separate violation), criminal penalties 
(imprisonment up to 6 years and a maximum fine of $250,000), and in rem 
liability against the offending vessel. Any person who violates this 
section, using a dangerous weapon, or who engages in conduct that 
causes bodily injury or fear of imminent bodily injury to any officer 
authorized to enforce this regulation, also faces imprisonment up to 12 
years.

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 Homeland 
Security (DHS). 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 DHS 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.
    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.
    For these reasons and the reasons stated in the Regulatory 
Evaluation section above, 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 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

[[Page 13235]]

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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, and 160.5; 49 CFR 1.46.

    2. Add a new Sec.  165.T11-070 to read as follows:


Sec.  165.T11-070  Safety Zone; Red Baron Squadron aerobatic flight 
demonstration, Long Beach, CA.

    (a) Location. The following described area constitutes a temporary 
safety zone: All waters of Long Beach harbor, from surface to bottom, 
encompassed by lines connecting points beginning at latitude 
33[deg]45'45''N, longitude 118[deg]10'28''W; then to 33[deg]45'17''N, 
118[deg]09'53''W; then to 33[deg]44'41'' N, 118[deg]10'37''W; then to 
33[deg]45'09''N, 118[deg]11'09''W, and then returning to the point of 
origin (Datum: NAD 1983).
    (b) Effective period. This section is effective from 10 a.m. to 12 
p.m. (PDT) on April 12 and 13, 2003.
    (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: March 10, 2003.
John M. Holmes,
Captain, Coast Guard, Captain of the Port, Los Angeles-Long Beach, 
California.
[FR Doc. 03-6639 Filed 3-18-03; 8:45 am]
BILLING CODE 4910-15-P