[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Rules and Regulations]
[Pages 23663-23664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11229]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Los Angeles-Long Beach, CA; 98-002]
RIN 2115-AA97
Safety Zone; Santa Barbara Channel, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Santa Barbara Channel, California, around the
oil and gas facilities commonly known as the Seacliff Pier Complex.
These piers are located in Ventura County, immediately south of Punta
Gorda (Mussel Shoals) and adjacent to Highway 101. A safety zone is
needed for the pier decommissioning project which will use explosive
charges to demolish 21 concrete caissons that currently support the
pier. The safety zone will encompass a water area extending 500 yards
in all directions from the center of the pier complex, which is
situated at approximately 34 deg.-21.02' N, 119 deg.-25.46' W. Entry
into, transit through, or anchoring within this Safety Zone is
prohibited unless authorized by the Captain of the Port Los Angeles/
Long Beach.
DATES: This safety zone will be in effect from 7 a.m. PDT on April 14,
1998 until 7 p.m. PST on January 3, 1999. Comments must be received on
or before June 29, 1998.
ADDRESSES: Comments should be mailed to Commanding Officer, Coast Guard
Marine Safety Office, Los Angeles-Long Beach, 165 N. Pico Avenue, Long
Beach, CA 90802. Comments received will be available for inspection and
copying in the Port Safety Division of Coast Guard 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:
Chief Petty Officer Clarence Rice, Marine Safety Detachment, Santa
Barbara, California; (805) 962-7430.
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. Publishing an
NPRM and delaying its effective date would be contrary to the public
interest since the scope of activities requiring this safety zone, and
other logistical details surrounding the event, were not finalized
until a date fewer than 30 days prior to the project date.
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 rule 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; 98-002) 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 the Marine Safety Office, Los Angeles-Long
Beach at the address listed in ADDRESSES in this preamble.
Background and Purpose
The Seacliff Pier decommissioning project requires a safety zone
because explosive charges will be used to demolish 21 concrete
structures that currently support the pier. These explosions pose a
direct threat to the safety of surrounding vessels, persons, and
property, and they create an imminent navigational hazard. This safety
zone is necessary to prevent spectators, recreational and commercial
craft from collecting within 500 yards of the Seacliff Pier Complex
during the decommissioning project, which is not scheduled to be
completed until January 3, 1999. 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.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of the 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). Due to the short duration and limited scope of the
safety zone, 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.
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 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 Chief Petty Officer Clarence
Rice, Coast Guard Marine Safety Detachment, Santa Barbara, CA, at (805)
962-7430.
[[Page 23664]]
Collection of Information
This rule 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.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under section 2.B.2. of Commandant
Instruction M16475.1C 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 in the docket 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.
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 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 Sec. 165.T11-052 is added to read as follows:
Sec. 165.T11-052 Safety Zone; Santa Barbara Channel, CA.
(a) Location. The safety zone will encompass a water area extending
500 yard in all directions from the center of the Seacliff pier complex
in the Santa Barbara Channel, which is situated at approximately
34 deg.-21.02' N, 119 deg.-25.46' W. All coordinates in this paragraph
use Datum: NAD 83.
(b) Effective Date. This section will be in effect from 7 a.m. PDT
on April 14, 1998 until 7 p.m. PST on January 3, 1999.
(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 is prohibited unless authorized by the Captain
of the Port.
Dated: April 13, 1998.
G.P. Wright,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach,
CA.
[FR Doc. 98-11229 Filed 4-29-98; 8:45 am]
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