[Federal Register Volume 64, Number 105 (Wednesday, June 2, 1999)]
[Rules and Regulations]
[Pages 29561-29563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13936]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach, CA; 99-003]
RIN 2115-AA97
Safety Zone; San Pedro Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule, request for comments.
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SUMMARY: The Coast Guard is extending the effective period of an
existing temporary safety zone in the navigable waters of San Pedro
Bay, California, south of the Middle Breakwater, part of the breakwater
system enclosing the Ports of Los Angeles and Long Beach. This safety
zone is established as a result of the construction of an artificial
habitat and is necessary to protect vessels from the hazards associated
with the construction.
All vessels with a draft of 50 feet or more are prohibited from
entering this exclusionary area, unless specifically authorized by the
Captain of the Port, for the entire time that this regulation is
enforced by the Captain of the Port. All other vessels are prohibited
from entering the area, unless specifically authorized by the Captain
of the Port, only when actual construction activities are in progress.
The Captain of the Port will announce, via Broadcast Notice to Mariners
and any other means practicable, when the area is closed to vessels
less than 50 feet in draft (because construction activities are in
progress).
DATES: This safety zone will be in effect from 11:59 p.m. PDT on May
17, 1999 until 11:59 p.m. PST on December 31, 1999. Comments must be
received on or before August 2, 1999.
ADDRESSES: Comments should be mailed to Commanding Officer, Coast Guard
Marine Safety Office, 165 N. Pico Avenue, Long Beach, CA 90802.
Comments received will be available for inspection and copying within
the Waterways Management Division at Marine Safety Office Los Angeles-
Long Beach. Normal office hours are 8 a.m. to 4 p.m. PDT, Monday
through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Rob Coller, Chief,
Waterways Management Division, Marine Safety Office Lost Angeles-Long
Beach, 165 N. Pico Ave., Long Beach, CA 90802; (562) 980-4425.
SUPPLEMENTARY INFORMATION:
Regulatory Information
In accordance with 5 U.S.C. 553, there is good cause why a notice
of proposed rulemaking (NPRM) was not published for this regulation,
and good cause exists for making it effective 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
details concerning the construction of the artificial habitat and the
completion date were not known until a date fewer than 30 days prior to
the continuation of the construction.
Although this rule is being published as a temporary final rule
without prior notice, an opportunity for public comment is nevertheless
desirable to ensure the regulation 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. Those
providing comments should identify the docket number for the regulation
(COTP Los Angeles-Long Beach, CA; 99-003) 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 to Marine Safety Office Los Angeles-Long
Beach at the address listed in ADDRESSES in this preamble.
[[Page 29562]]
Discussion of Regulation
A prior temporary final rule was promulgated imposing an identical
safety zone for the period May 17, 1998 through May 17, 1999 (63 FR
31625, June 10, 1998). The Coast Guard has recently been notified that
the construction of the habitat artificial habitat south of the San
Pedro Bay Federal Breakwater will not be completed as originally
scheduled. It is thus necessary to extend the effective period of the
safety zone through December 31, 1999. An opportunity for public
comment was provided for the original temporary final rule; that
comment period closed on August 10, 1998. Due to the significant
extension of the effective period of the safety zone, a new public
comment period has been established, extending 60 days from the date of
publication.
This safety zone is necessary for safeguarding recreational and
commercial vessels from the dangers of the construction activities in
the project area and to prevent interference with vessels engaged in
these operations. All vessels with a draft of 50 feet or more are
prohibited from entering this exclusionary area, unless specifically
authorized by the Captain of the Port, for the entire time that this
regulation is enforced by the Captain of the Port. All other vessels
are prohibited from entering the area, unless specifically authorized
by the Captain of the Port, only when actual construction activities
are in progress. The Captain of the Port will announce, via Broadcast
Notice to Mariners and any other means practicable, when the area is
closed to vessels less than 50 feet in draft (because construction
activities are in progress).
This safety zone consists of all navigable waters within the
geographic area bounded by lines connecting the following coordinates:
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Latitude Longitude
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Safety Zone Point #1...................... 33 deg.-41'.16'' N 118 deg.-13'.15'' W; thence to:
Safety Zone Point #2...................... 33 deg.-40'.45'' N 118 deg.-13'.01'' W; thence to:
Safety Zone Point #3...................... 33 deg.-40'.34'' N 118 deg.-13'.37'' W; thence to:
Safety Zone Point #4...................... 33 deg.-41'.04'' N 118 deg.-13'.51'' W; thence returning
to the point of beginning.
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Regulatory Evaluation
This temporary final rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs 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
(DOT) (44 FR 11040; February 26, 1979). 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. Only
minor delays to mariners are foreseen when vessel traffic is directed
around the area of the safety zone.
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 not 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 section 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 Rob Coller, U.S.
Coast Guard Marine Safety Office Los Angeles-Long Beach, at (562) 980-
4425.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 35401 et seq.).
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 effected 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.
Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed
in this preamble, the Coast Guard considered the following executive
orders in developing this temporary
[[Page 29563]]
final rule and reached the following conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This Rule will not effect a
taking of private property or otherwise have taking implications under
this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This Rule
will not impose, on any State, local, or tribal government, a mandate
that is not required by statute and that is not funded by the Federal
government.
E.O. 12988, Civil Justice Reform. This Rule meets applicable
standards in section 3(a) and 3(b)(2) of this Order to minimize
litigation, eliminate ambiguity, and reduce burden.
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks. This rule is not an economically significant rule and
does not concern an environmental risk to safety disproportionately
affecting children.
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 part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g),
6.04-6, and 160.5; 49 CFR 1.46. Section 165.100 is also issued under
authority of Sec. 311, Pub. L. 105-383.
2. A new Sec. 165.T11-064 is added to read as follows:
Sec. 165.T11-064 Safety Zone: San Pedro Bay.
(a) Location. All navigable waters bounded by lines connecting the
following coordinates are established as safety zone:
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Latitude Longitude
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Safety Zone Point #1.................... 33 deg.-41'.16'' N 118 deg.-13'.15'' W; thence to :
Safety Zone Point #2.................... 33 deg.-40'.45'' N 118 deg.-13'.01'' W; thence to :
Safety Zone Point #3.................... 33 deg.-40'.34'' N 118 deg.-13'.37'' W; thence to :
Safety Zone Point #4.................... 33 deg.-41'.04'' N 118 deg.-13'.51'' W; thence returning to
the point of beginning.
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Datum: NAD 83.
(b) Effective dates: This regulation will be in effect from 11:59
p.m. PDT on May 17, 1999 until 11:59 p.m. PST on December 31, 1999. If
the need for this safety zone terminates before December 31, 1999, the
Captain of the Port will cease enforcement of this safety zone and will
announce that fact by 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 in prohibited for all vessels with a draft of
50 feet or more, unless specifically authorized by the Captain of the
Port, for the entire time that this regulation is enforced by the
Captain of the Port.
(1) All other vessels are prohibited from entering into, transiting
through, or anchoring within this safety zone, unless specifically
authorized by the Captain of the Port, only when actual construction
activities are in progress.
(2) The Captain of the Port will announce, via Broadcast, Notice to
Mariners and any other means practicable, when the area is closed to
vessels less than 50 feet in draft (because construction activities are
in progress).
Dated: May 17, 1999.
G.F. Wright,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles, Long
Beach, California.
[FR Doc. 99-13936 Filed 6-1-99; 8:45 am]
BILLING CODE 4910-15-M
