[Federal Register Volume 59, Number 172 (Wednesday, September 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21911]
[[Page Unknown]]
[Federal Register: September 7, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP Los Angeles-Long Beach, 94-004]
RIN 2115-AA97
Safety Zone; Los Angeles Harbor-San Pedro Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Interim final rule with request for comments.
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SUMMARY: The Coast Guard is establishing a safety zone in two locations
on the waters of San Pedro Bay, California. The event requiring
establishment of this safety zone is the dredging and landfill
activities associated with the Port of Los Angeles Pier 400 project.
Duration of this project is estimated to be 33 months. There will be
two separate safety zone locations covered by this rulemaking. The
first location, the site of the future Pier 400, is to the east of the
Los Angeles main channel, adjacent to Reservation Point. It encompasses
anchorages B1-B3, B6-B8, C1-C3, and C7-C9. The second location is to
the southwest of the main channel which will transform anchorages Al-A5
into a permanent shallow water habitat as a mitigation measure for the
Pier 400 landfill project. Entry into, transit through, or anchoring
within the safety zones by vessels other than those engaged in the
construction of Pier 400 or the development of the shallow water
habitat is prohibited unless authorized by the Captain of the Port.
EFFECTIVE DATE: The safety zones will be effective at 12:01 a.m. PDT on
September 6, 1994, and will remain in effect until canceled by the
Captain of the Port Los Angeles-Long Beach, CA.
Comments: Comments on this regulation must be received by November
7, 1994.
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 Port Safety Division at MSO Los Angeles-Long Beach. Normal office
hours are between 8 a.m. and 4 p.m., Monday through Friday, except
federal holidays.
FOR FURTHER INFORMATION CONTACT:
Commander Mike Moore, Coast Guard Marine Safety Office Los Angeles-Long
Beach, California; telephone (310) 980-4454.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking was not published for this regulation and it is
being made effective in less than 30 days after Federal Register
publication. Following normal rulemaking procedures could not be done
in a timely fashion in that the Coast Guard was not approached
concerning the necessity for implementation of a safety zone until
later in the Pier 400 planning process. The actual stipulations of the
safety zone were not finalized until a date fewer than 30 days prior to
the start of the project.
Although this regulation is published as an interim 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 under ADDRESSES in this preamble. Those
providing comments should identify the docket number (COTP Los Angeles-
Long Beach, CA; 94-004) for the regulation and also include their name,
address, and reason(s) for each comment presented. Persons wanting
acknowledgement of receipt of comments should enclose a stamped, self-
addressed postcard or envelope.
Based upon the comments received, the scope of the regulation may
be changed.
Drafting Information
The drafters of this notice are LCDR Chris Lockwood, project
officer for the Captain of the Port, and Lieutenant Commander Craig
Juckniess, project attorney, Eleventh Coast Guard District legal
office.
Discussion of Regulation
The construction of the Pier 400 project is scheduled to begin on
September 6, 1994. Safety zones are necessary to safeguard recreational
and commercial craft from the dangers of the dredging and landfill
activities in the area and to prevent interference with other vessels
engaged in these operations. Persons and vessels are prohibited from
entering into, transiting through, or anchoring within the safety zones
unless authorized by the Captain of the Port Los Angeles-Long Beach,
CA.
Regulatory Evaluation
This proposal 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary. Only minor delays to mariners is foreseen as vessel
traffic is routed around the construction areas.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 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 regulation does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Enviromental Assessment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under section 2.B.2. of Commandant
Instruction M16475.1B it will have no significant environmental impact
and it is categorically excluded from further environmental
documentation.
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 165.1110 is added to read as follows:
Sec. 165.1110 Safety Zone: Los Angeles Harbor-San Pedro Bay, CA
(a) Location. All waters within the following boundaries are
established as a safety zone.
(1) Pier 400. The waters of Los Angeles Harbor encompassing the
rock dike and landfill for the construction of Pier 400 as defined by
the line connecting the following coordinates:
Latitude Longitude
33 deg.-44'-29'' N 118 deg.-14'-14'' W.
33 deg.-43'-48'' N 118 deg.-13'-56'' W.
33 deg.-42'-53'' N 118 deg.-14'-35'' W.
33 deg.-42'-49'' N 118 deg.-14'-48'' W.
33 deg.-42'-56'' N 118 deg.-15'-32'' W.
33 deg.-43'-51'' N 118 deg.-15'53'' W.
and thence along the shoreline to the point of origin.
(2) Shallow water habitat. The waters of Los Angeles Harbor
encompassing the rock dike and landfill for the development of a
permanent shallow water habitat, as defined by the line connecting the
following coordinates:
Latitude Longitude
33 deg.-42'-24'' N 118 deg.-16'-28'' W.
33 deg.-42'-36'' N 118 deg.-16'-22'' W.
33 deg.-42'-38'' N 118 deg.-16'-12'' W.
33 deg.-42'-45'' N 118 deg.-16'-07'' W.
33 deg.-42'-47'' N 118 deg.-15'-55'' W.
33 deg.-42'-28'' N 118 deg.-15'-16'' W.
and thence along the San Pedro Breakwater to the point of origin.
(b) Effective date. This section is effective beginning 12:01 a.m.
PDT on September 6, 1994. It will remain in effect until canceled by
the Captain of the Port.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this zone by vessels not involved in the development of the
shallow water habitat or the construction of Pier 400 is prohibited
unless authorized by the Captain of the Port Los Angeles-Long Beach,
CA.
Dated: August 23, 1994.
E.E. Page,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles-Long Beach,
CA.
[FR Doc. 94-21911 Filed 9-6-94; 8:45 am]
BILLING CODE 4910-14-M
