[Federal Register: March 19, 2003 (Volume 68, Number 53)]
[Rules and Regulations]
[Page 13233-13235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr03-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach 03-001]
RIN 1625-AA00
Safety Zone; Red Baron Squadron Aerobatic Flight Demonstration,
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
navigable waters of Long Beach, California for the Red Baron Squadron
aerobatic flight demonstration on April 12 and 13, 2003. This temporary
safety zone is necessary to provide for public safety in order to
protect life and prevent property damage beneath the aerobatic flight
demonstration. Persons and vessels are prohibited from entering into or
transiting through this safety zone unless authorized by the Captain of
the Port, Los Angeles-Long Beach.
DATES: This rule is effective from 10 a.m. to 12 p.m. (p.d.t.) on April
12 and 13, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (COTP Los Angeles-Long Beach 03-001) 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.
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 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.
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 due to additional administrative
review within the Coast Guard's Department of Homeland Security
following the Coast Guard's recent shift to DHS. Withholding the
implementation of the safety zone is impractical and contrary to the
public interest as the dates of the flight demonstration will have
past.
Background and Purpose
At the request of the Federal Aviation Administration (FAA) Flight
Standards District Office in Long Beach, California, the Coast Guard is
establishing a temporary safety zone in the navigable waters of Long
Beach, California for the Red Baron Squadron aerobatic flight
demonstration on April 12 and 13, 2003. One these dates, Red Baron
Squadron is scheduled to perform a 15-minute aerobatic flight
demonstration. This flight demonstration team consists of a three ship
formation, performing aerobatic flight maneuvers in close proximity to
each other, over Long Beach harbor between the hours of 10 a.m. and 12
p.m. (P.d.t.) both days in conjunction with the Grand Prix of Long
Beach.
At the request of the FAA, the Coast Guard will close the waterway
to all vessels and persons 30 minutes prior to the start of the
aerobatic flight demonstration and will reopen the waterway
approximately 30 minutes after the conclusion of the aerobatic flight
demonstration if the Patrol Commander determines that it is safe to do
so. A broadcast notice to mariners will be issued for this event.
[[Page 13234]]
Discussion of Rule
The following described area constitutes a temporary safety zone:
All waters of Long Beach harbor, from surface to bottom, encompassed by
lines connecting points beginning at latitude 33[deg]45'45'' N,
longitude 118[deg]10'28'' W; then to 33[deg]45'17'' N, 118[deg]09'53''
W; then to 33[deg]44'41'' N, 118[deg]10'37'' W; then to 33[deg]45'09''
N, 118[deg]11'09'' W, and then returning to the point of origin.
(Datum: NAD 1983). This area is approximately 1,400 yards wide and
1,800 yards long and is geographically centered between the Queen Mary,
Island Grissom, Island White, and Island Freeman near Long Beach,
California.
Persons and vessels are prohibited from entering into or transiting
through this temporary safety zone during the aerobatic flight
demonstration. By prohibiting persons and vessels from entering the
waters beneath the aerobatic flight demonstration, the risk of loss of
life and damage to property will be significantly reduced. Without this
safety zone, the aerobatic flight demonstration would be cancelled.
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, Long Beach
Lifeguards, and Long Beach Police Department.
Section 165.23 of title 33, Code of Federal Regulations, prohibits
any unauthorized person or vessel from entering or remaining in this
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, is 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 rule to be so minimal that full regulatory evaluation under
paragraph 10 (e) of 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 (Pub. L. 104-121), we offer 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 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
[[Page 13235]]
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 considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation because we are establishing a safety zone.
A ``Categorical Exclusion Determination'' is available in the docket
for inspection or copying 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
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, and 160.5; 49 CFR 1.46.
2. Add a new Sec. 165.T11-070 to read as follows:
Sec. 165.T11-070 Safety Zone; Red Baron Squadron aerobatic flight
demonstration, Long Beach, CA.
(a) Location. The following described area constitutes a temporary
safety zone: All waters of Long Beach harbor, from surface to bottom,
encompassed by lines connecting points beginning at latitude
33[deg]45'45''N, longitude 118[deg]10'28''W; then to 33[deg]45'17''N,
118[deg]09'53''W; then to 33[deg]44'41'' N, 118[deg]10'37''W; then to
33[deg]45'09''N, 118[deg]11'09''W, and then returning to the point of
origin (Datum: NAD 1983).
(b) Effective period. This section is effective from 10 a.m. to 12
p.m. (PDT) on April 12 and 13, 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: March 10, 2003.
John M. Holmes,
Captain, Coast Guard, Captain of the Port, Los Angeles-Long Beach,
California.
[FR Doc. 03-6639 Filed 3-18-03; 8:45 am]
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