[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Rules and Regulations]
[Pages 8001-8002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3768]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach, CA; 98-012]
RIN 2115-AA97
Safety Zone; Santa Barbara Channel, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the United States around the Stearns Wharf pier
complex located in Santa Barbara, California. The safety zone is
necessary to ensure the safety of the public during the demolition and
reconstruction of the pier. The Coast Guard is establishing a safety
zone in all navigable waters falling within a rectangular box extending
100 feet from the outer limits of all sides of Stearns Wharf, beginning
at the seaward end of the wharf and extending back along the wharf 600
feet towards shore. For reference purposes, the seaward end of the
wharf is located at 34 deg.-23'-30''N, longitude: 119 deg.-41'-10''W.
This safety zone will be in effect from December 9, 1998, 12:00 p.m.
(PDT), until March 31, 1999, 12:00 p.m. (PDT). Entry into, transit
through, or anchoring within this safety zone is prohibited unless
authorized by the Captain of the Port or a designated representative
thereof.
DATES: This regulation will be in effect from December 9, 1998, 12:00
p.m. (PDT) until March 31, 1999, 12:00 p.m. (PDT). If the need for this
safety zone terminates before March 31, 1999, the Captain of the Port
will cease enforcement of this safety zone and will announce that fact
via Broadcast Notice to Mariners.
Comments must be received on or before April 19, 1999.
ADDRESSES: Comments should be mailed to Commanding Officer, Coast Guard
Marine Safety Office Los Angeles-Long Beach, 165 N. Pico Avenue, Long
Beach, CA 90802. Comments received will be available for inspection and
copying in the Port Safety Division of Coast Guard Marine Safety Office
of Los Angeles-Long Beach from 9 a.m. to 4 p.m. (PDT), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Rich Sorrell, Marine Safety
Detachment Santa Barbara, 111 Harbor Way, Santa Barbara, CA 93109;
(805) 962-7430.
SUPPLEMENTARY INFORMATION:
Regulatory Information
In accordance with 5 U.S.C. 553, a notice of proposed rule making
(NPRM) was not published for this regulation and good cause exists for
making it effective prior to or less than 30 days after Federal
Register publication. Publishing an NPRM and delaying the effective
date would be contrary to the public interest since the need for the
pier construction arose from an unanticipated fire and the demolition
and reconstruction of the pier has already begun.
Although this rule being published as a temporary final rule
without prior notice, an opportunity for public comment is nevertheless
desirable to ensure the rule is both reasonable and workable.
Accordingly, persons wishing to comment may do so by submitting written
comments to the office listed in ADDRESSES in this preamble. Comments
must be received on or before April 19, 1999. Those providing comments
should identify the docket number for the regulation (COTP Los Angeles-
Long Beach, CA; 98-012) and also include their name, address, and
reason(s) for each comment presented. Based upon the comments received,
the regulation may be changed.
The Coast Guard plans no public meeting. Persons may request a
public meeting by writing the Marine Safety Office Los Angeles-Long
Beach at the address listed in ADDRESSES in this preamble.
Discussion of Regulation
This safety zone is necessary to safeguard all personnel and
property during the extensive repairs and reconstruction of Stearns
Wharf. The activities surrounding the demolition and construction pose
a direct threat to the safety of surrounding vessels, persons, and
property, and create an imminent navigational hazard. This safety zone
is necessary to prevent spectators, recreational and commercial craft
from the hazards associated with the reconstruction. Persons and
vessels are prohibited from entering into, transiting through, or
anchoring within the safety zone unless authorized by the Captain of
the Port Los Angeles-Long Beach or a designated representative thereof.
Regulatory Evaluation
This temporary regulation is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential cost and benefits under section 6(a)(3) of that
order. It has been exempted from review by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (44 FR
11040; February 26, 1997). The Coast Guard expects the economic impact
of this regulation to be so minimal that a full Regulatory Evaluation
under Paragraph 10(e) of the regulatory policies and procedures of the
Department of Transportation is unnecessary.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include small businesses and not-for-profit
organizations that are dominant in their respective fields, and
governmental jurisdictions with populations less than 50,000. For the
same reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this rule is not expected to
have a significant economic impact on any substantial number of
entities, regardless of their size.
Assistance for Small Entities
In accordance with Sec. 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this rule so that they
can 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 Lieutenant Rick Sorrell, Coast
Guard Marine Safety Detachment, Santa Barbara, CA, at (805) 962-7430.
[[Page 8002]]
Federalism
The Coast Guard has analyzed this regulation under the principles
and criteria contained in Executive Order 12612, and has determined
that this rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
temporary regulation and concluded that under Chapter 2.B.2. of
Commandant Instruction M16475.1C, Figure 2-1, paragraph (34)(g), it
will have no significant environmental impact and it is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination and an Environmental Analysis checklist is
available for inspection and copying and the docket is to be maintained
at the address listed in ADDRESSES in the preamble.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this rule will result in an annual
expenditure by state, local, and tribal governments, in the aggregate
of $100 million (adjusted annually for inflation). If so, the Act
requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected.
No state, local, or tribal government entities will be affected by
this rule, so this rule will not result in annual or aggregate costs of
$100 million or more. Therefore, the Coast Guard is exempt from any
further regulatory requirements under the Unfunded Mandates Act.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
In consideration of the foregoing, subpart F of part 165 of title
33, Code of Federal Regulations, is amended as follows:
PART 165--[AMENDED]
1. The authority citation for 33 CFR 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. A new section 165.T11-061 is added to read as follows:
Sec. 165.T11-061 Safety Zone: Santa Barbara Channel, CA
(a) Location. The following area is established as a safety zone:
all navigable waters falling within a rectangular box extending 100
feet from the outer limits of all sides of Stearns Wharf, beginning at
the seaward end of the wharf and extending back along the wharf 600
feet towards shore. For reference purposes, the seaward end of the
wharf is located at 34 deg.24'30''N, longitude: 119 deg.41'10''W.
(b) Effective Dates. This safety zone will be in effect from
December 9, 1998, 12:00 p.m. (PDT) until March 31, 1999, 12:00 (PDT).
If the need for this safety zone terminates before March 31, 1999, the
Captain of the Port will cease enforcement of this safety zone and will
announce that fact via Broadcast Notice to Mariners.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port or a designated representative thereof.
Dated: December 9, 1998.
G.F. Wright,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 99-3768 Filed 2-17-99; 8:45 am]
BILLING CODE 4910-15-M
