[Federal Register Volume 62, Number 223 (Wednesday, November 19, 1997)]
[Rules and Regulations]
[Pages 61630-61631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30292]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach, CA; 97-007]
RIN 2115-AA97
Safety Zone: Los Angeles Harbor-San Pedro Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Interim rule with request for comments.
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SUMMARY: The Coast Guard is revising the two safety zones associated
with the dredging and landfill activities for stage II of the Pier 400
project. The Coast Guard is also adding a new moving safety zone
surrounding the Dredge FLORIDA when it is in the waters of Los Angeles
Harbor and San Pedro Bay, CA, and engaged in dredging operations
associated with the Pier 400 project.
DATES: This regulation will be in effect from 6 a.m. PDT on July 22,
1997 until 11:59 p.m. PST on December 31, 1999. Comments must be
received on or before January 20, 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 Port Safety 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 Keith Whiteman, Chief, Port
Safety and Security Division, Marine Safety Office Los Angeles-Long
Beach.
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 Stage II of the
Pier 400 project were not finalized until a date fewer than 30 days
prior to the anticipated start of work.
Although this regulation is published as an interim 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; 97-007) for the regulation and also include their name,
address, and reason(s) for each comment presented. persons wanting
acknowledgment 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.
The Coast Guard plans no public meetings. Persons may request a
public meeting by writing to Marine Safety Office Los Angeles-Long
Beach at the address listed under ADDRESSES in this preamble.
Background and Purpose
Construction associated with the Pier 400 project referenced in 33
CFR part 165.1110 has progressed to stage II. Consequently, the
dredging and landfill activities necessary to complete the project have
been expanded, and the existing safety zones no longer provide an
appropriate level of safety. This rule expands those safety zones, and
adds a new, moving safety zone surrounding the Dredge FLORIDA whenever
it is engaged in dredging activities associated with the Pier 400
project.
The Dredge FLORIDA was not utilized during stage I of the Pier 400
project. Consequently, the moving safety zone surrounding the Dredge
FLORIDA was not necessary during stage I of the Pier 400 project, but
it is now essential given the expanded scope of stage II of the Pier
400 project.
This regulation is needed to restrict vessel traffic in the
regulated areas to prevent collisions, groundings, or other
navigational mishaps. Entry into, transit through, or anchoring within
any of the safety zones is prohibited unless authorized by the Captain
of the Port Los Angeles-Long Beach, CA.
Discussion of Regulation
This rulemaking accomplishes three things with respect to the Pier
400 project. It expands the two existing safety zones referenced in 33
CFR part 165.1110, and it adds a third, moving safety zone surrounding
the Dredge FLORIDA. This rulemaking is necessary because the
construction activities associated with the Pier 400 project have
progressed from stage I to stage II. Consequently, the geographic scope
of the construction area is now larger, and the services of the Dredge
FLORIDA must now be employed.
These safety zones are necessary to safeguard recreational and
commercial
[[Page 61631]]
vessels from the dangers of the dredging and landfill activities in the
project area and to prevent interference with vessels engaged in these
operations. All persons and vessels are prohibited from entering into,
transiting through, or anchoring within the safety zone unless
authorized by the Captain of the Port Los Angeles-Long Beach, CA.
Regulatory Assessment
This interim 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 as vessel traffic can be directed
around the area of the safety zones.
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 considered the environmental impact of this
regulation and concluded that under paragraph 2.B.2 of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation. This regulation is expected to have no
significant effect on the environment. A Categorical Exclusion
Determination and Environmental Analysis Checklist is available for
inspection and copying in the docket to be maintained at the address
under ADDRESSES in this preamble.
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:
1. The authority citation for 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. Section 165.1110 is revised 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 safety zones:
(1) Pier 400: Those waters of Los Angeles Harbor and San Pedro Bay
in the vicinity of Pier 400 as defined by the lines connecting the
following coordinates:
Latitude Longitude
33 deg.-44'-29.06'' N 118 deg.-14'-17.25'' W; thence to
33 deg.-43'-48.06'' N 118 deg.-13'-59.25'' W; thence to
33 deg.-43'-48.50'' N 118 deg.-14'-11.72'' W; thence to
33 deg.-42'-46.17'' N 118 deg.-15'-04.78'' W; thence to
33 deg.-43'-00.00'' N 118 deg.-15'-29.90'' W; thence to
33 deg.-43'-21.94'' N 118 deg.-15'-41.51'' W; thence to
33 deg.-43'-45.04'' N 118 deg.-15'-30.81'' W; thence to
33 deg.-43'-58.55'' N 118 deg.-14'-44.38'' W; thence to
33 deg.-44'-03.70'' N 118 deg.-14'-26.65'' W.
and thence to the point of origin. All coordinates referred use
Datum: NAD 83.
(2) Shallow Water Habitat: Those waters of Los Angeles Harbor and
San Pedro Bay as defined by the lines connecting the following
coordinates.
Latitude Longitude
33 deg.-42'-32.10'' N 118 deg.-15'-00.00'' W; thence to
33 deg.-42'-49.84'' N 118 deg.-15'-41.51'' W; thence to
33 deg.-42'-47.06'' N 118 deg.-15'-58.26'' W; thence to
33 deg.-42'-24.99'' N 118 deg.-15'-23.59'' W.
and thence to the point of origin. All coordinate referred use
Datum: NAD 83.
(3) Moving Safety Zone: Dredge FLORIDA. All waters within 50 yards
on all sides of the Dredge FLORIDA when it is in the waters of Los
Angeles Harbor and San Pedro Bay, CA, and engaged in dredging
operations associated with the Pier 400 project.
(b) Effective Date. This section is effective from 6 A.M. PDT on
July 22, 1997 until 11:59 P.M. PST on December 31, 1999, unless
canceled earlier by the Captain of the Port.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of the part, entry into, transit through, or anchoring
within any of these safety zones is prohibited unless authorized by the
Captain of the Port Los Angeles-Long Beach, CA.
Dated: July 21, 1997.
G.F. Wright,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach,
California.
[FR Doc. 97-30292 Filed 11-18-97; 8:45 am]
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