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Safety Zone; Long Beach, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 19, 2002 (Volume 67, Number 33)]
[Proposed Rules]
[Page 7321-7323]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe02-21]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach 02-003]
RIN 2115-AA97
Safety Zone; Long Beach, CA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
in the navigable waters of Long Beach, California for the National
Water Ski Racing Association (NWSRA) Water Ski Race from 8 a.m. to 5
p.m. on March 23 and 24, 2002. This safety zone is necessary to provide
for the safety of the crew and participants of the race and to protect
the participating vessels. 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: Comments and related material must reach the Coast Guard on or
before March 6, 2002.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Marine Safety Office/Group Los Angeles-Long Beach, 1001 S.
Seaside Avenue, Building 20, San Pedro, California, 90731. U.S. Coast
Guard Marine Safety Office/Group Los Angeles-Long Beach 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
[[Page 7322]]
inspection or copying at U.S. Coast Guard Marine Safety Office/Group
Los Angeles-Long Beach between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Boatswain's Mate 2 (BM2) Jessica
Walsh, 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. You have 15 days to comment on the
proposed temporary final rule. This short comment period will permit
the Coast Guard to publish a temporary final rule before the event and
thus help ensure public safety. To provide additional notice, we will
place a notice of our proposed rule in the local notice to mariners.
You may request a copy of this notice by calling BM2 Jessica Walsh,
Waterways Management Division, at (310) 732-2020.
In our final rule, we will include a concise general statement of
the comments received and identify any changes from the proposed rule
based on the comments. If, as we expect, 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).
In making comments, please include your name and address, identify
the docket number for this rulemaking (COTP Los Angeles-Long Beach 02-
003), 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
your submission 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.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to MSO/GRU Los Angeles-Long Beach 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 separate notice in the Federal Register.
Background and Purpose
This temporary safety zone is needed to provide for the safety of
National Water Ski Racing Association (NWSRA) Water Ski Race
participants and spectators on March 23 and 24, 2002, from 8 a.m. to 5
p.m. both days. 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. By prohibiting persons
and vessels from entering the waters surrounding the racecourse, the
risk of high-speed collision will be significantly reduced. U.S. Coast
Guard personnel will enforce this safety zone with assistance from
Coast Guard Auxiliary and event staff.
Discussion of Proposed Rule
The following area will constitute the temporary safety zone: all
waters encompassed by lines connecting the following points, beginning
at latitude 33 deg.45'50" N, longitude 118 deg.10'48" W; thence to
33 deg.44'00" N, 118 deg.10'05" W; thence to 33 deg.44'00" N,
118 deg.09'26" W; thence to 33 deg.45'28" N, 118 deg.09'00" W, and
thence returning to the point of origin. This area is approximately
3,000 yards wide and 2,500 yards long and is centered near the oil
islands off Long Beach, California.
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
Transportation (DOT)(44 FR 11040, February 26, 1979) because this zone
will encompass a small portion of the waterway for limited periods of
time and vessel traffic can pass safely around the affected area.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT 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.
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
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact BM2 Jessica Walsh,
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.
[[Page 7323]]
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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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. 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 proposed rule
and concluded that, under figure 2-1, paragraph (35)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation because it is a safety zone in effect for
only 2 days. A ``Categorical Exclusion Determination'' is not required.
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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. Add Sec. 165.T11-063 to read as follows:
Sec. 165.T11-063 Safety Zone; Long Beach, CA.
(a) Location. The following area is a safety zone:
All waters encompassed by lines connecting the following points,
beginning at latitude 33 deg.45'50" N, longitude 118 deg.10'48" W;
thence to 33 deg.44'00" N, 118 deg.10'05" W; thence to 33 deg.44'00" N,
118 deg.09'26" W; thence to 33 deg.45'28" N, 118 deg.09'00" W; and
thence returning to the point of origin.
(b) Effective period. This section is effective from 8 a.m. to 5
p.m. (PST) on March 23, 2002 and from 8 a.m. to 5 p.m. (PST) on March
24, 2002.
(c) Regulations. 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 designated
representative.
Dated: February 6, 2002.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach,
California.
[FR Doc. 02-3928 Filed 2-15-02; 8:45 am]
BILLING CODE 4910-15-P