[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]
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