[Federal Register Volume 68, Number 86 (Monday, May 5, 2003)]
[Rules and Regulations]
[Pages 23595-23597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11168]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Diego 03-017]
RIN 1625-AA00


Safety Zone; Oceanside, CA

AGENCY: Coast Guard, DHS.

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, California, for 
the Sixth Annual Oceanside Offshore Grand Prix Powerboat Race.

[[Page 23596]]

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 11:30 a.m. (P.d.t.) on May 4, 2003, 
until 3:30 p.m. (P.d.t.) on May 4, 2003.

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 03-017) and are available for 
inspection or copying 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, USCG, c/o 
U.S. Coast Guard Captain of the Port, telephone (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

    The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Oceanside, CA. in support of the Seventh Annual 
Oceanside Offshore Grand Prix. The Oceanside Offshore Grand Prix is an 
annual event that involves powerboats designed for open ocean racing. 
These vessels will be racing at high speeds along a marked course off 
the shore of Oceanside, California. This temporary safety zone is 
necessary to provide for the safety of the participants and spectators 
of this event, the participating vessels, and to protect other users of 
this waterway. This temporary safety zone will consist of a small 
portion of the navigable waters of Pacific Ocean off of Oceanside, CA. 
The event starts at 11:30 a.m. (P.d.t.) on May 4, 2003, and ends at 
3:30 p.m. (P.d.t.) on May 4, 2003.

Discussion of Rule

    This safety zone is defined as an area of the navigable waters of 
Oceanside, CA, more specifically described as follows: an area 
encompassed by the following points beginning at the point latitude 
33[deg]09'87'' N, longitude 117[deg]22'81'' W, thence northeasterly to 
latitude 33[deg]10'14'' N, longitude 117[deg]22'33'' W, thence 
northwesterly to latitude 33[deg]11'49'' N, longitude 117[deg]23'36'' 
W, thence northerly to latitude 32[deg]11'64'' N, longitude 
117[deg]23'36'' W, thence southeast to the point of beginning.
    This temporary safety zone is necessary to provide for the safety 
of the participants, spectators, and sponsor vessels of the 6th Annual 
Oceanside Grand Prix 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 Homeland 
Security (DHS).
    Due to the temporary safety zone's short duration of three hours 
for just one day, its limited scope of implementation, and because 
vessels will have an opportunity to request authorization to transit, 
the Coast Guard expects the economic impact of this rule to be so 
minimal that full regulatory evaluation under the regulatory policies 
and procedures of the DHS 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 Lieutenant Commander Rick Sorrell, 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 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

[[Page 23597]]

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 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. 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 analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.


0
2. Add a new Sec.  165.T11-035 to read as follows:


Sec.  165.T11-035  Safety Zone: Oceanside, CA.

    (a) Location. The area described as follows is a safety zone: an 
area encompassed by the following points beginning at the point 
latitude 33[deg]09'87'' N, longitude 117[deg]22'81'' , thence 
northeasterly to latitude 32[deg]10'14'' N, longitude 117[deg]22'33'' 
W, thence northwesterly to latitude 33[deg]11'49'' N, longitude 
117[deg]23'36'' W, thence northerly to latitude 32[deg]11'64'' N, 
longitude 117[deg]23'36'' W, thence southeast to the point of 
beginning.
    (b) Effective dates. This safety zone will be effective at 11:30 
a.m. (PDT) May 4, 2003 through 3:30 p.m. (PDT) May 4, 2003. 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 may be contacted 
via VHF-FM Channel 16.

    Dated: April 23, 2003.
Stephen P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 03-11168 Filed 5-1-03; 1:51 pm]
BILLING CODE 4910-15-P