[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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