[Federal Register: October 5, 2007 (Volume 72, Number 193)]
[Rules and Regulations]
[Page 56898-56901]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc07-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP LA-LB 07-004]
RIN 1625-AA00
Safety Zone; Queensway Bay, Long 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
Long Beach Harbor to encompass the waters between Queensway Bay to
Island White at Long Beach harbor for the Annual Los Angeles and Long
Beach Tug Boat Race. This safety zone is needed to prevent vessels from
transiting the area during the race in order to protect vessels and
personnel from potential damage and injury. Entry into this safety zone
will be prohibited unless specifically authorized by the Captain of the
Port, Los Angeles-Long Beach, or his on-scene representative.
DATES: This rule is effective from 5 p.m. to 7 p.m. on September 27,
2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP LA-LB 07-004 and are available for
inspection or copying at Sector Los Angeles--Long Beach, 1001 S.
Seaside Ave, San Pedro, CA 90731 between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Peter Gooding,
[[Page 56899]]
Chief of the 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. Publishing a NPRM, which would
incorporate a comment period before a final rule could be issued, and
delaying the rule's effective date is contrary to public safety because
immediate action is necessary to protect the public and waters of the
United States.
Under 5 U.S.C. 553(d)(3), good cause exists for making this rule
effective fewer than 30 days after publication in the Federal Register.
Delaying this rule would be contrary to the public interest of ensuring
the safety of spectators and vessels during this event and immediate
action is necessary to prevent possible loss of life or property. This
temporary safety zone should have minimal negative impact on the public
and navigation because it will be enforced for only a two hour period
on one day. In addition, the area restricted by the safety zone is
minimal, allowing vessels to transit around the safety zone to pass.
Background and Purpose
On September 27, 2007, the Annual Port of Los Angeles and Long
Beach Tug Boat Races will be held in the vicinity of Queensway Bay,
Echo anchorages, and to extend around Island White. The Captain of the
Port is establishing a safety zone to prevent vessels from transiting
the area and to protect vessels and personnel from potential damage and
injury resulting from the race.
Discussion of Rule
This safety zone includes the waters of the Long Beach Harbor
within the boundaries defined by a line drawn from a point located at
33[deg]45'11'' N, 118[deg]11'14'' W; then south to a point located at
33[deg]44'40'' N, 118[deg]11'00'' W; then northeast to a point located
at 33[deg]45'03'' N, 118[deg]09'19'' W; then north to a point located
at 33[deg]45'19'' N, 118[deg]09'28'' W; then west back toward the
starting point to 33[deg]45'11'' N, 118[deg]11'14'' W [NAD 1983].
Vessels are excluded from the area encompassed by this safety zone
from 5 p.m. to 7 p.m. on September 27, 2007. Persons and vessels are
prohibited from entering into or transiting through this safety zone
unless authorized by the Captain of the Port, or his on-scene
representative. By prohibiting all vessel traffic from entering the
waters surrounding this event, the safety of the race personnel and the
public will be enhanced. U.S. Coast Guard personnel will enforce this
safety zone.
The Captain of the Port may, in his discretion grant waivers or
exemptions to this rule, either on a case-by-case basis or
categorically to a particular class of vessel that otherwise is subject
to adequate control measures.
The Coast Guard will issue a Broadcast Notice to Mariners to
further ensure the local boating traffic is aware of the safety zone
and its geographical boundaries. Vessels or persons violating this
section will be subject to both criminal and civil penalties.
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.
Although the safety zone will restrict boating traffic within the
navigable waters of the Long Beach Harbor between Queensway Bay and
Island White, the effect of this regulation will not be significant as
the safety zone will encompass only a small portion of the waterway and
will be short in duration. The entities most likely to be affected are
pleasure craft engaged in recreational activities and sightseeing. As
such, the Coast Guard expects the economic impact of this rule to be
minimal.
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.
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
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in the affected portion of the Long Beach Harbor from
5 p.m. to 7 p.m. on September 27, 2007. Although the safety zone will
restrict boating traffic within the navigable waters of Long Beach
Harbor in the vicinity of Queensway Bay east around Island White, the
effect of this regulation will not be significant as the safety zone
will encompass only a small portion of the waterway and will be short
in duration. The entities most likely to be affected are small
commercial and pleasure craft engaged in recreational activities and
sightseeing. As such, the Coast Guard expects the economic impact of
this rule to be minimal. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons: The safety zone only encompasses a small portion of
the waterway, it is short in duration, vessel traffic can pass safely
around the safety zone, and the Captain of the Port may authorize entry
into the safety zone, if necessary. Before the enforcement period, we
will issue maritime advisories widely available to users of this area.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered 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 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 Commander Peter
Gooding, at Coast Sector Los Angeles--Long Beach, Waterways Management
Division, at telephone (310) 732-2020.
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork
[[Page 56900]]
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
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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide 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 it establishes a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be 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.
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. 1226 and 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 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 Sec. 165.T11-241 to read as follows:
Sec. 165.T11-241 Safety Zone; Queensway Bay Long Beach, California
(a) Location. The following area comprises the geographical
boundary of a safety zone: All navigable waters of the Pacific Ocean
within the boundaries defined by a line drawn from a point located at
33[deg]45'11'' N, 118[deg]11'14'' W; then south to a point located at
33[deg]44'40'' N, 118[deg]11'00'' W; then northeast to a point located
at 33[deg]45'03'' N, 118[deg]09'19'' W; then north to a point located
at 33[deg]45'19'' N, 118[deg]09'28'' W; then west heading back toward
the starting point finishing at 33[deg]45'11'' N, 118[deg]11'14'' W
[NAD 1983].
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this safety zone by all vessels is prohibited, unless authorized
by the Captain of the Port (COTP), or his on-scene representative.
(2) On-scene representative means any commissioned, warrant, and
petty officer of the Coast Guard onboard a Coast Guard, Coast Guard
Auxiliary, local, state, or federal law enforcement vessel authorized
to act on behalf of the COTP.
(3) Mariners may request permission of the COTP, or his on-scene
representative to transit through the safety zone. The COTP or his on-
scene representative may be contacted via VHF-FM Channel 16.
(c) Enforcement. (1) All persons and vessels shall comply with the
instructions of the COTP or his on-scene representative.
(2) Upon being hailed by the COTP or his on-scene representative by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(3) The Coast Guard may be assisted in the patrol and enforcement
of this safety zone by other federal, state, or local law enforcement
as necessary.
[[Page 56901]]
(d) Enforcement period. This section will be enforced from 5 p.m.
to 7 p.m. on September 27, 2007.
Dated: September 12, 2007.
P.E. Wiedenhoeft,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles--Long
Beach.
[FR Doc. E7-19675 Filed 10-4-07; 8:45 am]
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