[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Rules and Regulations]
[Pages 43637-43639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18762]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 03-005]
RIN 1625-AA00


Safety Zone; Offshore Gran Prix, Huntington Beach, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the Pacific Ocean near Huntington Beach, 
California, for the Huntington Beach Offshore Gran Prix powerboat race 
on August 17, 2003. 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 a.m. (noon) to 3 p.m. (PDT) on 
August 17, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Los Angeles-Long Beach 03-005] 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.

[[Page 43638]]


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 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.
    For the same reasons stated above, 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.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the Pacific Ocean near Huntington Beach, 
California, for the Huntington Beach Offshore Gran Prix powerboat race 
on August 17, 2003. Pacific Offshore Powerboat Racing Association is 
sponsoring the race consisting of approximately 25 offshore powerboats, 
operating at high speeds, racing along a multi-lap oval course located 
offshore Huntington Beach between the hours of 12 a.m. (noon) and 3 
p.m. (PDT). The course is centered between the entrance to Anaheim Bay 
and the Huntington Beach Pier, approximately 1/4 nautical mile 
offshore. This temporary safety zone is necessary to provide for public 
safety in order to protect life and prevent property damage near the 
racecourse.
    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.

Discussion of Rule

    The description and coordinates for this temporary safety zone are 
provided for in the regulatory text section below. This area is 
approximately 1,500 yards wide and 8,000 yards long and is 
geographically centered between Anaheim Bay and Huntington Beach Pier 
near Huntington Beach, California.
    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 be assisted by other Federal, State, or local agencies, which 
during this event may include the Coast Guard Auxiliary, Huntington 
Beach Lifeguards, and Huntington Beach Police.
    Section 165.23 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 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 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 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 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 (Public Law 104-121), we want 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

[[Page 43639]]

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 
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 because we are establishing a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
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

0
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.


0
2. Add a new Sec.  165.T11-073 to read as follows:


Sec.  165.T11-073  Safety Zone; Offshore Gran Prix, Huntington Beach, 
CA.

    (a) Location. The following described area constitutes a temporary 
safety zone: All waters of the Pacific Ocean near Huntington Beach, 
California, from surface to bottom, encompassed by lines connecting 
points beginning at latitude 33[deg]43' 36'' N, longitude 118(05'0'' W; 
then to 33[deg]43'16'' N, 118[deg]05'39'' W; then to 33[deg]39'54'' N, 
118[deg]02'15'' W; then to 33[deg]40'31'' N, 118[deg]01'39'' W; and 
then returning to the point of origin. (Datum: NAD 1983).
    (b) Effective period. This section is effective from 12 noon to 3 
p.m. (PDT) on August 17, 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, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach, 
California.
[FR Doc. 03-18762 Filed 7-23-03; 8:45 am]
BILLING CODE 4910-15-P