

[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]

BILLING CODE 4910-15-P
