[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Rules and Regulations]
[Pages 23218-23220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11224]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach, 97-007]
RIN 2115-AA97
Safety Zone: Los Angeles Harbor; San Pedro Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is adopting as final with changes an interim
rule that modified the locations of two safety zones and created an
additional moving safety zone surrounding the Dredge FLORIDA while
engaged in dredging operations associated with Stage II of the Pier 400
project, in Los Angeles Harbor and San Pedro Bay, CA.
DATES: This regulation is effective from 6 a.m. PDT on May 28, 1998
until 11:59 PST on December 31, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the U.S. Coast Guard Marine Safety Office Los
Angeles-Long Beach, 165 N. Pico Avenue, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Lieutenant Keith Whiteman, Chief, Port
Safety and Security Division, Marine Safety Office Los Angeles-Long
Beach; (562) 980-4454.
SUPPLEMENTARY INFORMATION:
Regulatory History
On November 19, 1997, the Coast Guard published an interim rule
with request for comments for this regulation in the Federal Register
(62 FR 61630). The public was given until January 20, 1998, to comment
on the regulation. No public comments were received with respect to the
interim rule.
Background and Purpose
In the interim rule, the Coast Guard revised the safety zone
boundaries codified in 33 CFR Part 165.1110 to better conform with the
location of dredging and landfill activities associated with stage II
of the Pier 400 project. The Coast Guard also added a third safety zone
encompassing all navigable waters within 50 yards on all sides of the
Dredge FLORIDA while it is engaged in dredging operations relating to
the Pier 400 project, provided the FLORIDA is located within 3 nautical
miles of the baseline from which the United States' territorial sea is
measured. The new safety zones will remain in effect for the duration
of the Pier 400 project.
[[Page 23219]]
Discussion of Regulation
The construction of Stage II of the Pier 400 project officially
began on July 15, 1997. These revised safety zones are necessary for
safeguarding recreational and commercial vessels from the dangers of
the dredging and landfill activities in the project area and to prevent
interference with vessels engaged in these operations. All 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, CA.
Discussion of Changes
The safety zones published in the interim rule with request for
comments (62 FR 61630) are being adopted with a correction to one of
the latitudinal coordinates defining the boundary of the Pier 400
safety zone: the correct third latitudinal coordinate defining the
boundary of the Pier 400 safety zone is 33 deg.43'3.50''N, vice
33 deg.43'48.50''N, which was incorrectly published in the interim
rule. This change actually decreases the size of the safety zone and
will not negatively impact port users.
Regulatory Assessment
The 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. Due to the limited
geographical scope of the exclusionary areas created by this rule, only
minor delays to mariners are foreseen, as vessel traffic can be
directed around the area of the safety zones.
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 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 Keith Whiteman,
Marine Safety Office Los Angeles-Long Beach, Long Beach, CA, at (562)
980-4454.
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 rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this
regulation and concluded that under paragraph 2.B.2.b.(34)(g) of
Commandant Instruction M16475.1C, this rule is categorically excluded
from further environmental documentation. This regulation is not
expected to individually or cumulatively have a significant effect on
the human environment. A Categorical Exclusion Determination and an
Environmental Analysis Checklist is available for inspection and
copying in the docket to be maintained where indicated under ADDRESSES.
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
Accordingly, the interim rule amending 33 CFR part 165 which was
published at 62 FR 61630 on November 19, 1997, is adopted as a final
rule with the following change:
PART 52--[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),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Section 165.1110 is revised to read as follows:
Sec. 165.1110 Safety Zone: Los Angeles Harbor; San Pedro Bay, CA.
(a) Location. The following areas are established as safety zones:
(1) Pier 400: Those waters of Los Angeles Harbor and San Pedro Bay
in the vicinity of Pier 400 as defined by the lines connecting the
following coordinates.
Latitude Longitude
33-44'-29.06''N 118-14'-17.25''W
33-43'-48.06''N 118-13'-59.25''W
33-43'-03.50''N 118-14'-11.72''W
33-42'-45.17''N 118-15'-04.78''W
33-43'-00.00''N 118-15'-29.90''W
33-43'-21.94''N 118-15'-41.51''W
33-43'-45.04''N 118-15'-30.81''W
33-43'-58.55''N 118-14'-44.38''W
33-44'-03.70''N 118-14'-26.65''W
and thence to the point of origin. All coordinates use Datum: NAD 83.
(2) Shallow Water Habitat Extension: Those waters of Los Angeles
Harbor and San Pedro Bay as defined by the lines connecting the
following coordinates.
Latitude Longitude
33-42'-32.10''N 118-15'-00.00''W
33-42'-49.84''N 118-15'-41.51''W
33-42'-47.06''N 118-15'-58.26''W
33-42'-24.99''N 118-15'-23-59''W
and thence to the point of origin. All coordinates use Datum: NAD 83.
[[Page 23220]]
(3) Moving Safety Zone: Dredge FLORIDA. All waters within 50 yards
on all sides of the Dredge FLORIDA, when it is within three nautical
miles of the base line from which the United States territorial sea is
measured and engaged in dredging operations associated with the Pier
400 project.
(b) Dates. This section is effective from 6 a.m. PDT on May 28,
1998 through 11:59 p.m. PST on December 31, 1999.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within any of these safety zones is prohibited unless authorized by the
Captain of the Port Los Angeles-Long Beach, CA.
Dated: April 13, 1998.
G.F. Wright,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach,
California.
[FR Doc. 98-11224 Filed 4-27-98; 8:45 am]
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