[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]
BILLING CODE 4910-15-M