[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Rules and Regulations]
[Pages 31625-31627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15424]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA; 98-004]
RIN 2115-AA97


Safety Zone; San Pedro Bay, 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 in the 
navigable waters of San Pedro Bay, California. This safety zone is 
established as a result of the construction of an artificial habitat 
and is necessary to protect vessels from the hazards associated with 
the construction.
    All vessels with a draft of 50 feet or more are prohibited from 
entering this area, unless specifically authorized by the Captain of 
the Port, for the entire

[[Page 31626]]

time that this regulation is enforced by the Captain of the Port. All 
other vessels are prohibited from entering the area, unless 
specifically authorized by the Captain of the Port, only when actual 
construction activities are in progress. The Captain of the Port will 
announce, via Broadcast Notice to Mariners and any other means 
practicable, when construction activities are in progress.

DATES: This safety zone will be in effect from 6 a.m. PDT on May 17, 
1998 until 11:59 p.m. PDT on May 17, 1999. Comments must be received on 
or before August 10, 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 Waterways Management 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 Rob Coller, Chief, Waterways Management Division, Marine 
Safety Office Los Angeles-Long Beach, 165 N. Pico Ave., Long Beach, CA 
90802; (562) 980-4425.

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 this 
construction project were not finalized until a date fewer than 30 days 
prior to the anticipated start of work.
    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 regulation 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 comment should identify the docket number for the regulation 
(COTP Los Angeles-Long Beach, CA: 98-004) 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 to Marine Safety Office Los Angeles-Long 
Beach at the address listed in ADDRESSES in this preamble.

Discussion of Regulation

    Construction of an artificial habitat south of the San Pedro Bay 
Federal Breakwater is underway. This safety zone is necessary for 
safeguarding recreational and commercial vessels from the dangers of 
the construction activities in the project area and to prevent 
interference with vessels engaged in these operations.
    All vessels with a draft of 50 feet or more are prohibited from 
entering this exclusionary area, unless specifically authorized by the 
Captain of the Port, for the entire time that this regulation is in 
effect. All other vessels are prohibited from entering the area, unless 
specifically authorized by the Captain of the Port, only when actual 
construction activities are in progress. The Captain of the Port will 
announce, via Broadcast Notice to Mariners and any other means 
practicable, when the area is closed to vessels less than 50 feet in 
draft because construction activities are in progress.
    This safety zone consists of all navigable waters within the 
geographic area bounded by lines connecting the following coordinates:

------------------------------------------------------------------------
                                    Latitude              Longitude     
------------------------------------------------------------------------
Safety Zone Point #1:.......  33 deg.41'16'' N,     118 deg.13'15'' W;  
                                                     thence to          
Safety Zone Point #2:.......  33 deg.40'45'' N,     118 deg.13'01'' W;  
                                                     thence to          
Safety Zone Point #3:.......  33 deg.40'34'' N,     118 deg.13'37'' W;  
                                                     thence to          
Safety Zone Point #4:.......  33 deg.41'04'' N,     118 deg.13'51'' W;  
                                                     thence returning to
                                                     the point of       
                                                     beginning.         
------------------------------------------------------------------------

Regulatory Evaluation

    This temporary final 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 Cost 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 when vessel traffic is directed 
around the area of the safety zone.

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 section 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

[[Page 31627]]

compliance, please contact Lieutenant Rob Coller, U.S. Coast Guard 
Marine Safety Office Los Angeles-Long Beach, at (562) 980-4425.

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 has considered the environmental impact of this 
regulation and concluded that under Commandant Instruction M16475.1C, 
Figure 2-1, paragraph (34)(g), this rule is categorically excluded from 
further environmental documentation. This regulation is expected to 
have no significant effect on the environment.

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 cost 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 part 165 continues to read as 
follows:
    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new Sec. 165.T11-054 is added to read as follows:


Sec. 165.T11-054  Safety Zone: San Pedro Bay.

    (a) Location. All navigable waters bounded by a line connecting the 
following coordinates are established as safety zone:

                                                                        
------------------------------------------------------------------------
                                    Latitude              Longitude     
------------------------------------------------------------------------
Safety Zone Point #1:.......  33 deg.41'16'' N,     118 deg.13'15'' W;  
                                                     thence to          
Safety Zone Point #2:.......  33 deg.40'45'' N,     118 deg.13'01'' W;  
                                                     thence to          
Safety Zone Point #3:.......  33 deg.40'34'' N,     118 deg.13'37'' W;  
                                                     thence to          
Safety Zone Point #4:.......  33 deg.41'04'' N,     118 deg.13'51'' W;  
                                                     thence returning to
                                                     the point of       
                                                     beginning.         
Datum: NAD 83                                                           
------------------------------------------------------------------------

    (b) Effective Dates: This section will be in effect from 6 a.m. PDT 
on May 17, 1998 until 11:59 p.m. PDT on May 17, 1999.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23, entry into, transit through, or anchoring within this 
safety zone is prohibited for all vessels with a draft of 50 feet or 
more, unless specifically authorized by the Captain of the Port, for 
the entire time that this regulation is enforced by the Captain of the 
Port.
    (1) All other vessels are prohibited from entering into, transiting 
through, or anchoring within this safety zone, unless specifically 
authorized by the Captain of the Port, only when actual construction 
activities are in progress.
    (2) The Captain of the Port will announce, via Broadcast Notice to 
Mariners and any other means practicable, when the area is closed to 
vessels less than 50 feet in draft because construction activities are 
in progress.

    Dated: May 15, 1998.
G.F. Wright,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles-Long Beach, 
California.
[FR Doc. 98-15424 Filed 6-9-98; 8:45 am]
BILLING CODE 4910-15-M