[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: ---------------------------------------------------------------------------------------------------------------- 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 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: ---------------------------------------------------------------------------------------------------------------- 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 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