[Federal Register Volume 61, Number 97 (Friday, May 17, 1996)]
[Rules and Regulations]
[Pages 24892-24893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12427]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach, CA 96-008]
RIN 2115-AA97
Safety Zone; Long Beach Harbor, CA
AGENCY: Coast Guard, DOT.
ACTION: Final rule with request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the United States in the vicinity of the South East
side of Pier ``J'' in the Long Beach Outer Harbor, California. The
event requiring the establishment of this safety zone is the Pier ``J''
breakwater construction project. Duration of this project is estimated
to be 11 months. A safety zone is necessary to safeguard recreational
and commercial craft from the dangers of the construction project and
to prevent interference with the vessels engaged in these operations.
The safety zone includes all waters within the boundaries defined by
the line connecting the following coordinates:
Latitude Longitude
33 deg. 44.5'N. 118 deg. 11.2'W.
33 deg. 44.5'N. 118 deg. 10.9'W.
33 deg. 44.3'N. 118 deg. 10.8'W.
33 deg. 44.0'N. 118 deg. 10.8'W.
33 deg. 44.0'N. 118 deg. 11.1'W.
Entry into, transit through, or anchoring within the safety zone by
vessels or persons other than those engaged in the construction
project, or vessels servicing the Maersk terminal is prohibited unless
authorized by the Captain of the Port.
DATES: Effective Date: This rule is effective at 12:01 a.m. PDT on
April, 24, 1996 and will remain in effect until 12:01 a.m. PST on March
31, 1997, unless cancelled earlier by the Captain of the Port Los
Angeles-Long Beach, Ca.
Comments: Comments on this regulation must be received by June 17,
1996.
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: Chief Petty Officer Daniel J. Walsh,
Port Safety and Security Division, Marine Safety Office Los Angeles-
Long Beach, (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 good
cause exists for making it 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 late
in the 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 a 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; 96-008) for the regulation and also include their name,
address, and reason(s) for each comment presented. Persons wanting
acknowledge 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.
Discussion of Regulation
The project to construct a breakwater around the Pier ``J'' Maersk
terminal entrance has already been initiated. A safety zone is
necessary to safeguard recreational and commercial craft from the
dangers of the construction project and to prevent interference with
vessels engaged in these operations. This safety zone will be enforced
by U.S. Coast Guard personnel. The Coast Guard Auxiliary and the Long
Beach Lifeguards will assist in the enforcement of the safety zone.
Persons and vessels are prohibited from entering into, transiting
through, or anchoring within the safety zone unless authorized by the
Captain of the Port of his designated representative.
Regulatory Evaluation
This 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 (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. The safety zone does not
extend into the vessel traffic lanes. It will have little or no impact
on commercial vessels transiting through the harbor.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under Section 3 of the Small
Business Act (15 U.S.C. 632). As discussed in the ``Regulatory
Evaluation'' section, because it expects the impact of this regulation
to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that
this regulation will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This regulation contains no collection of information requirements
under the
[[Page 24893]]
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 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.T11-058 is added to read as follows:
Sec. 165.T1158 Safety zone: Long Beach Harbor, CA
(a) Location. All waters within the boundaries defined by the line
connecting the following coordinates are established as a safety zone
(Datum: NAD 83):
Latitude Longitude
33 deg. 44.5' N 118 deg. 11.2' W.
33 deg. 44.5' N 118 deg. 10.9' W.
33 deg. 44.3' N 118 deg. 10.8' W.
33 deg. 44.0' N 118 deg. 10.8' W.
33 deg. 44.0' N 118 deg. 11.1' W.
(b) Effective Date. This section is effective at 12:01 a.m. PDT on
April 24, 1996. It will remain in effect until 12:01 a.m. PDT on March
31, 1997 unless cancelled earlier by the Captain of the Port.
(c) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply. No person or vessel may enter or
remain within the designated zones without the permission of the
Captain of the Port Los Angeles-Long Beach, California or his
representative.
Dated: April 24, 1996.
E.E. Page,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach,
California.
[FR Doc. 96-12427 Filed 5-16-96; 8:45 am]
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