
[Federal Register: December 30, 2009 (Volume 74, Number 249)]
[Proposed Rules]               
[Page 69044-69046]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de09-16]                         


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0965]
RIN 1625-AA08

 
Special Local Regulation; Ironman 70.3 California; Oceanside 
Harbor, Oceanside, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes temporary Special Local Regulation 
within the navigable waters of Oceanside Harbor for the Ironman 70.3 
California. This temporary Special Local Regulation is necessary to 
provide safety for the swimmers, crew, spectators, vessels and other 
users of the waterway. Persons and vessels are prohibited from entering 
into, transiting through, or anchoring within this Special Local 
Regulation unless authorized by the Captain of the Port or his 
designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 29, 2010. Requests for public meetings must 
be received by the Coast Guard on or before January 20, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0965 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Petty Officer Corey McDonald, Waterways 
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 
619-278-7262, e-mail Corey.R.McDonald@uscg.mil. If you have questions 
on viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0965), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2009-0965'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-0965'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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

    World Triathlon Corporation is sponsoring the Ironman 70.3 
California. The event will consist of 2,200 participants. The waterside 
swim course consists of a 1.2 mile loop in the South Oceanside Harbor. 
The course requires a Special Local Regulation while the swimmers are 
on the course, thus restricting vessel traffic within the Oceanside 
Harbor for three hours. There will be 25 to 30 safety vessels provided 
by the sponsor to enforce the Special Local Regulation.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a Special Local Regulation 
from 6:40 a.m. to 9:30 a.m. on Saturday, March 27, 2010 for the Ironman 
70.3 California. This temporary Special Local Regulation is necessary 
for the safety of the swimmers and staff and will affect the use of the 
waterway during the

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period of the event. The limits of this temporary Special Local 
Regulation are the waters of Oceanside Harbor encompassed by the 
following coordinates:

33[deg]12.54' N, 117[deg]24.12' W;
33[deg]12.52' N, 117[deg]23.75' W;
33[deg]12.49' N, 117[deg]23.66' W;
33[deg]12.37' N, 117[deg]23.54' W;
33[deg]12.32' N, 117[deg]23.55' W;
33[deg]12.43' N, 117[deg]23.69' W;
33[deg]12.46' N, 117[deg]23.79' W;
33[deg]12.41' N, 117[deg]23.96' W;
33[deg]12.44' N, 117[deg]23.98' W;
33[deg]12.45' N, 117[deg]24.12' W;
33[deg]12.54' N, 117[deg]24.12' W.

    The Coast Guard will enforce the Special Local Regulation and may 
be assisted by other Federal, State, or local agencies, including the 
Coast Guard Auxiliary. The Special Local Regulation is necessary to 
provide for the safety of the swimmers, spectators, vessels and other 
users of the waterway. Persons and vessels will be prohibited from 
entering into, transiting through, or anchoring within this Special 
Local Regulation unless authorized by the Captain of the Port, or his 
designated representative.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. We expect the economic 
impact of this proposed rule to be so minimal that a full Regulatory 
Evaluation is unnecessary. This determination is based on the size, 
location, and duration of the Special Local Regulation. Commercial 
vessels will not be hindered by the Special Local Regulation. 
Recreational vessels will not be allowed to transit through the 
designated Special Local Regulation during the specified times.

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.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in a portion of the Oceanside Harbor 
from 6:40 a.m. to 9:30 a.m. on March 27, 2010.
    This Special Local Regulation would not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This rule would be in effect for less than 3 hours early in 
the day when vessel traffic is low. Although the Special Local 
Regulation would apply to the entire width of the south harbor, traffic 
would be allowed to pass through the zone with the permission of the 
Coast Guard patrol commander. Before the effective period, the Coast 
Guard will publish a local notice to mariners (LNM) and will issue 
broadcast notice to mariners (BNM) alerts via marine channel 16 VHF 
before the Special Local Regulation is enforced.
    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 (Pub. L. 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 Petty Officer Corey McDonald, 
Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard at 
(619) 278-7262. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

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

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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.

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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this action is one of a category 
of actions which do not individually or cumulatively have a significant 
effect on the human environment. The proposed rule involves a special 
local regulation for a swimming race and is categorically excluded 
under paragraph 34(h) of COMDTINSTM 16475.1D, figure 2-1. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233.

    2. Add a new temporary Special Local Regulation Sec.  100.35T11-254 
to read as follows:


Sec.  100.35T11-254  Special Local Regulation; Ironman 70.3 California; 
Oceanside Harbor, Oceanside, CA.

    (a) Location. The limits of this temporary Special Local Regulation 
are the waters of Oceanside Harbor encompassed by drawing a line from 
point to point along the following coordinates:

    33[deg]12.54' N, 117[deg]24.12' W;
    33[deg]12.52' N, 117[deg]23.75' W;
    33[deg]12.49' N, 117[deg]23.66' W;
    33[deg]12.37' N, 117[deg]23.54' W;
    33[deg]12.32' N, 117[deg]23.55' W;
    33[deg]12.43' N, 117[deg]23.69' W;
    33[deg]12.46' N, 117[deg]23.79' W;
    33[deg]12.41' N, 117[deg]23.96' W;
    33[deg]12.44' N, 117[deg]23.98' W;
    33[deg]12.45' N, 117[deg]24.12' W;
    33[deg]12.54' N, 117[deg]24.12' W.

    (b) Enforcement Period. This section will be enforced from 6:40 
a.m. to 9:30 a.m. on March 27, 2010. If the event concludes prior to 
the scheduled termination time, the Captain of the Port will cease 
enforcement of this Special Local Regulation and will announce that 
fact via Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section: 
designated representative means any commissioned, warrant, or petty 
officer of the Coast Guard on board a Coast Guard or Coast Guard 
Auxiliary vessel, or onboard a local, State, or Federal law enforcement 
vessel who have been authorized to act on the behalf of the Captain of 
the Port.
    (d) Special Local Regulations. (1) All persons and/or vessels not 
registered with the sponsor as participants or official patrol vessels 
are considered spectators. The official patrol consists of any Coast 
Guard vessels, any Federal, State or local law enforcement vessels and 
any sponsor provided vessels assigned by or approved by the Captain of 
the Port, San Diego, to patrol the events.
    (2) No spectators shall anchor, block, loiter in, or impede the 
transit of participants or official patrol vessels in the regulated 
area during the effective dates and times, unless cleared for such by 
or through an official patrol vessel.
    (3) When hailed by an official patrol vessel, a spectator shall 
come to an immediate stop. Vessels shall comply with all directions 
given. Failure to do so may result in a citation.
    (4) The Patrol Commander is empowered to forbid and control the 
movement of all vessels in the regulated area. The Patrol Commander 
shall be designated by the Captain of the Port, San Diego, and as his 
or her representative and may terminate the event for the protection of 
life and property. He or she may be reached on VHF Channel 16 (156.8 
MHz) when required, by the call sign ``PATCOM''
    (5) The Coast Guard may be assisted by other Federal, State, or 
local agencies.

    Dated: December 3, 2009.
D.L. LeBlanc,
Commander, U.S. Coast Guard, Acting Captain of the Port, San Diego.
[FR Doc. E9-30936 Filed 12-29-09; 8:45 am]

BILLING CODE 4910-15-P
