Ports and waterways safety: San Pedro Bay, CA; safety zone,
[Federal Register: June 10, 1998 (Volume 63, Number 111)]
[Rules and Regulations]
[Page 31625-31627]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn98-23]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach, CA; 98-004]
RIN 2115-AA97
Safety Zone; San Pedro Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; request for comments.
SUMMARY: The Coast Guard is establishing a temporary safety zone in the navigable waters of San Pedro Bay, California. 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 area, unless specifically authorized by the Captain of the Port, for the entire
[[Page 31626]]
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 construction activities are in progress.
DATES: This safety zone will be in effect from 6 a.m. PDT on May 17, 1998 until 11:59 p.m. PDT on May 17, 1999. Comments must be received on or before August 10, 1998.
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 Los 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, 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 sequence of construction activities, location of work, selection of a contractor, and the issuance of a notice to proceed for this construction project were not finalized until a date fewer than 30 days prior to the anticipated start of work.
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 comment should identify the docket number for the regulation (COTP Los Angeles-Long Beach, CA: 98-004) 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.
Discussion of Regulation
Construction of an artificial habitat south of the San Pedro Bay Federal Breakwater is underway. 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 in effect. 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:
Latitude
Longitude
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.
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 Cost 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
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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. 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 has considered the environmental impact of this regulation and concluded that under Commandant Instruction M16475.1C, Figure 2-1, paragraph (34)(g), this rule is categorically excluded from further environmental documentation. This regulation is expected to have no significant effect on the environment.
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 cost 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:
-
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.
-
A new Sec. 165.T11-054 is added to read as follows:
Sec. 165.T11-054 Safety Zone: San Pedro Bay.
(a) Location. All navigable waters bounded by a line connecting the following coordinates are established as safety zone:
Latitude
Longitude
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.
Datum: NAD 83
(b) Effective Dates: This section will be in effect from 6 a.m. PDT on May 17, 1998 until 11:59 p.m. PDT on May 17, 1999.
(c) Regulations. In accordance with the general regulations in Sec. 165.23, entry into, transit through, or anchoring within this safety zone is 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 15, 1998. G.F. Wright, Captain, U.S. Coast Guard, Captain of the Port Los Angeles-Long Beach, California.
[FR Doc. 98-15424Filed6-9-98; 8:45 am]
BILLING CODE 4910-15-M
