[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Proposed Rules]
[Pages 43700-43702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18761]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 03-006]
RIN 1625-AA00


Safety Zone; Offshore Gran Prix, Ventura, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
in the navigable waters of Pierpont Bay near Ventura, California, for 
the Ventura Offshore Gran Prix powerboat race on September 28, 2003. 
This proposed 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 will be prohibited from entering into 
or transiting through this proposed safety zone unless authorized by 
the Captain of the Port or his designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before August 27, 2003.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Marine Safety Office/Group Los Angeles-Long Beach, Waterways 
Management Division, 1001 South Seaside Avenue, Building 20, San Pedro, 
California. The Waterways Management maintains the public docket for 
this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be 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:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (COTP Los 
Angeles-Long Beach 03-006), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. Please submit all comments and related material in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying. If 
you would like to know they reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them. If as we anticipate, we make the final 
rule effective less than 30 days after publication in the Federal 
Register, we will explain our good cause for doing so, as required by 5 
U.S.C. 553(d)(3).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Waterways Management Division at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    Pacific Offshore Powerboat Racing Association is sponsoring its 
annual Ventura Offshore Gran Prix in the navigable waters of Pierpont 
Bay near Ventura, California, from 12 a.m. (noon) to 3 p.m. (PDT) on 
September 28, 2003. Course description and coordinates are provided in 
the regulatory text section below.
    This proposed safety zone is needed to provide for the safety of 
both the 25 participants and the estimated 125 spectators expected to 
attend this event. During this event, offshore powerboats designed for 
open ocean rough water racing may reach speeds of 125 miles per hour. 
Due to the high-speed nature of this event as well as the potential for 
loss of life and damage to property, the Coast Guard is proposing to 
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 Patrol Commander determines 
that it is safe to do so. A broadcast notice to mariners will be issued 
for this event.

Discussion of Proposed Rule

    The description and coordinates for the racecourse are provided in 
the regulatory text section below.
    Persons and vessels will be prohibited from entering into or 
transiting through this proposed safety zone unless authorized by the 
Captain of the Port. By prohibiting persons and vessels from entering 
this temporary safety zone the risk of loss of life and damage to 
property will be significantly reduced. Without this safety zone the 
Offshore Gran Prix would be cancelled.
    U.S. Coast Guard personnel will enforce this proposed 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, Ventura Harbor Patrol, and Ventura Police Department.
    Section 165.3 of Title 33, Code of Federal Regulations, prohibits 
any unauthorized person or vessel from entering or remaining in a 
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 proposed safety zone described herein, will 
be 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

[[Page 43701]]

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 proposed 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 proposed 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 
proposed rule to be so minimal that a full Regulatory Evaluation under 
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 proposed 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 proposed rule would not have a significant economic 
impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Junior Grade Rob 
Griffiths, Assistant Chief of Waterways Management Division, at (310) 
732-2020.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed 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 because we are establishing a safety zone.
    A draft ``Environmental Analysis Check List'' and a draft 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES. Comments on this section will be 
considered before we make the

[[Page 43702]]

final decision on whether the rule should be categorically excluded 
from further environmental review.

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 proposes 
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add a new Sec.  165.T11-074 to read as follows:


Sec.  165.T11-074  Safety Zone; Offshore Gran Prix, Ventura, CA.

    (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; then to 
34[deg]16'17'' N, 119[deg]17'32'' W; then to 34[deg]16'17'' N, 
119[deg]19'25'' W; then to 34[deg]14'31'' N, 119[deg]19'25'' W; then to 
34[deg]14'31'' N, 119[deg]16'40'' W; and then returning to the point of 
origin. (Datum: NAD 1983).
    (b) Effective period. This section is effective from 12 a.m. (noon) 
to 3 p.m. (PDT) on September 28, 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: July 14, 2003.
John M. Holmes,
Captain, Coast Guard, Captain of the Port, Los Angeles-Long Beach, 
California.
[FR Doc. 03-18761 Filed 7-23-03; 8:45 am]
BILLING CODE 4910-15-P